Thank you for reading our Terms and Conditions.
These Terms and Conditions set out the use of our site. By placing an order you are agreeing to be bound by the Terms and Conditions as set out below. We recommend you also read our Privacy Policy.
We encourage you to save or print a copy of these Terms and Conditions.
By accessing or using this website the Buyer agrees to be legally bound by these terms and conditions. The Buyer should note that these terms and conditions may be modified and posted on the website from time to time.
Definitions
“BUYER” means the person who places an order for Goods or whose order for the Goods is accepted by the Seller.
“YOU” means the buyer
“GOODS” means the goods (including any instalment of the goods or parts for them) which the Seller is to supply in accordance with these Conditions. The Buyer should note that all Goods depicted on this website (as from time to time modified) are available almost anywhere in mainland UK and by special arrangement in the Channel Islands, Republic of Ireland, Northern Ireland, Isle of Wight, Isle of Man, the Scottish Isles and the Highlands of Scotland.
“SELLER” means Colchester Sheds and Fencing, VAT number GB788376658
“WE”, “US” and “OUR” means the Seller
“CONDITIONS” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in Writing between the Buyer and the Seller.
“CONTRACT” means the contract for the purchase and sale of the Goods.
“WRITING” means email or post.
“PRODUCT” means a product displayed for sale on the website
“UK MAINLAND” means England, Wales and Scotland excluding offshore locations (e.g. Isle of Wight, Isle of Man and Scottish Isles)
Please note:
Because of long waiting times and the continuous increase in timber prices customers will be called before the shed is manufactured to check if there is any price increases in material costs, customer will then have the option to pay increased cost or receive a full refund.
Registration
To register with us you must be over eighteen years of age.
You are responsible for keeping your password and actions relating to your account details confidential at all times. We shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
Security and Privacy
Your right to privacy is very important to us. We will never pass your information on to a third party who is not connected to the product and/or purchasing and/or delivery process. See our Privacy Policy.
Proof of Identity
Where a customer makes payment by credit card or debit card and does not use the 3d secure card validation; if the cardholder’s address does not match the billing address given and or where the delivery address is different to the cardholder’s address, you authorise us to check and search any credit reference files or any source providing such information
Our Rights
All rights, including copyright, in this website are owned by or licensed to Colchester sheds and fencing. Therefore you (also you agree not to assist or facilitate any third party) cannot copy, store and/or distribute its contents in whole or part, other than for your own personal or non-commercial use.
We reserve the right to modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website. Whether or not that Product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun. And/or
Change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
By making an offer to buy a Product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
Basis of Sale
To order Goods the Buyer must follow the procedures set out in these conditions.
Details of procedures, products, prices, payment and delivery are set out on this website. The Buyer will be given clear instructions as to how to navigate the online order process. The Buyer will be asked to provide accurate personal details.
These terms combined with the pricing policy, order form and payment method instructions form the total agreement between Seller and Buyer.
The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into the Contract the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in Writing by the Seller is followed or acted upon entirely at the Buyer’s own risk and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed.
Any typographical, clerical or other error or omission on this website or in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller. All advertised sizes and measurements are an approximation only. The Seller will endeavour to make sure that sizes and measurements are as accurate as possible but no guarantees can be given. Buildings may differ to images shown.
Any paint work, toys, equipment or any other accessory used in any image is purely for display purposes and is not included in the sale.
Price
Prices are listed in £GBP and are subject as stated inclusive of delivery costs to most of mainland UK and VAT. We reserve the right to change the advertised price of Goods at any time. The price payable by the Buyer shall be the price in force at the time when the order is placed. Please note that there are certain destinations to which a delivery charge will be payable and there will be occasions when the Seller’s carrier makes an additional charge for delivery. Settlement of delivery charges in these instances will be the responsibility of the Buyer and charges must be reimbursed to the Seller in advance of delivery of the Goods.
We reserve the right to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation, currency regulation, alternation of duties, significant increase in the costs of labour, materials or the costs of manufacture). As already stated, the price payable by the Buyer shall be the price in force at the time when the order is placed.
Should a pricing error occur, the Seller will inform the Buyer if the price for the Goods is higher than that stated on the order. The Buyer may then choose either to proceed or to cancel the order.
We will endeavour to match the price of any like for like goods found online. If you find the same product cheaper elsewhere then please email us and ask for a price match. Discounted quotations can be requested for bulk or multiple orders by any charities or community organisations.
Delivery to the Channel Islands, the Republic of Ireland, Northern Ireland, the Isle of Man, the Isle of Wight, BFPO (British Forces Post Office) addresses, and some areas in mainland Scotland, Wales and the South West will incur an extra delivery charge.
Buyers should note that for all off shore deliveries delivery will be made to the nearest shipping port. It is the Buyer’s responsibility to arrange onward delivery at his or her own cost. Post codes to which a delivery charge will apply are as shown on the website.
Additionally, you should note that any additional delivery charges levied by our carrier will be passed to you whatever the destination.
Price Match
If you can find the same product cheaper on any other UK website we will try to match the price.
To request a Price Match send us an email. Let us know: the name of the item you wish to Price Match against, the website where the product is cheaper, telephone number, website address, and email if available.
We will review the details and reply to you via email as quickly as possible.
Order Process
All orders that you place on this website will be subject to acceptance in accordance with these Terms and Conditions.
Your Personal Details may be disclosed to reputable third parties who will help process your order. Our policy requires all such third parties to treat your Personal Details as fully confidential and to fully comply with all applicable UK Data Protection and consumer legislation.
All items are subject to availability. We will inform you as soon as possible if the goods you have ordered are not available.
All accessories, including any items offered for free, must be selected at the time of ordering to be eligible for free delivery.
The Confirmation of Order Detail stage sets out the final details of your order. We will then send you an email with details of the products you have ordered. Please note that this email is not an order confirmation or order acceptance.
If requested, a sales invoice can be sent by email.
It is the responsibility of The Buyer to notify any access concerns to The Seller at point of order.
All products are sold and supplied for self-assembly only, unless otherwise stated.
Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order or you have cancelled it in accordance with the instructions in the Terms and Conditions section below – Order Cancellation and Returns and Refunds.
Non-acceptance of an order may be a result of but not restricted to:
Out of stock
Our inability to obtain authorisation for your payment
The identification of a pricing or product description error
You do not meet the eligibility to order criteria.
The contract will be concluded in English. The Terms and Conditions has been governed by and construed in accordance with the laws of England and only the English courts will decide any disputes.
You are obliged to follow the procedure set out in these terms and conditions when placing an order. By pressing “Proceed” on the order the Buyer consents to the terms and conditions. We are not obliged to accept any order. If your order is accepted we will confirm acceptance by electronic means (“Confirmation”) to the email address provided. Please contact us if you do not receive Confirmation of order.
You shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including name, full delivery address, contact details and any applicable specification) submitted, and for giving the us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with its terms and also for ensuring that all information provided by you is accurate.
The Buyer warrants that the credit or debit card used in connection with the transaction belongs to him and that there are sufficient funds or credit facilities to meet the cost of any Goods ordered. The Seller reserves the right to obtain validation and verification of the authenticity of the credit or debit card before supplying the Goods.
The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory requirements or, where the Goods are to be supplied to the Seller’s specification, which do not materially affect their quality or performance.
All orders are subject to availability of the Goods. If the Goods are unavailable we will be at liberty to supply to you a substitute of an equivalent quality and price without notice (“the Substitute Product”). In the event that we are unable to supply the Product or any substitute product we will notify you as soon as possible and reimburse any payment made. Any special offers are subject to availability and subject to change. The offer can be withdrawn at anytime.
The Seller will endeavour to provide the best customer service possible. Should anything go wrong the Seller will make every effort to resolve the issue. However, should the problem be incapable of resolution, the Buyer may prefer to amend or cancel the order. In that case the Buyer should email the Seller.
Order Cancellation
You have the legal right to cancel your order within 14 calendar days from the day after the receipt of the goods. The Buyer has no right to cancel at any time should their order include a personalised requirement ie. optional fixtures, adaptations or preferences. Where goods are delivered to a third party (eg a gift) you will only be able to exercise this right if you are able
to return to us the goods you ordered. For details of how to exercise this right please see our Returns and Refunds sections.
If you wish to cancel your contract prior to your order being despatched or if your order has already been despatched, please follow the procedure set out in our Returns and Refunds sections.
You must confirm your wish to cancel the order in writing via email or post within 7 calendar days. The order will not be considered cancelled until notification in writing is received.
If you decide to cancel the order after the Goods have been dispatched and commenced their carriage (by whatever method), we may charge you for carriage of the goods. Buyers are advised to check the status of the order before requesting cancellation. Any charges will be communicated to you before we confirm cancellation.
If you have received the goods and then decide to cancel you must return the goods to us at your own cost and risk.
Please note that orders placed on Saturdays, Sundays or on public holidays and orders placed after 1.00pm on normal working days will not be processed until the next working day.
Also note that subject to the provisions of delivery clauses we will use endeavour to deliver any order placed before 18 December in time for Christmas, but the Seller cannot give any guarantee in this regard. Furthermore orders placed after 18 December may be delivered in the first week in January, but again this is subject to the provisions delivery clauses below.
Buildings.
We produce some sheds and summerhouse in our yard, We also purchase in from other companies ie: log cabins, summer houses and larger sheds / workshops.
It is always advisable too give us a call to understand what you are about to purchase, regarding the quallity of the timber used.
Description of Products
We take all reasonable care in the preparation of the content of this website, in particular to ensure that details, descriptions and prices of products on our website are correct at time of publishing and all products have been fairly described. Although we aim to keep the website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy within the Order Process section of the Terms and Conditions.
Orders will only be accepted if there are no material errors in the description of the goods or their price as advertised on this website. We have made every effort to display as accurately as possible the colours of our products that appear on the website. The actual colours you see will depend on your monitor; we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery.
Any typographical, clerical or other error or omission on this website or in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the
Delivery
This website is only for delivery of products to customers in UK mainland. We may not be able to deliver to some offshore locations and there may be an additional delivery charge for some locations. We cannot usually deliver to BFPO addresses or the Republic of Ireland.
Off Shore deliveries, some areas in mainland UK will incur an extra delivery charge. These destinations will be subject to a minimum 21 working day lead-time unless otherwise stated.
Any dates quoted for contact or delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence. Deliveries do not generally occur on Saturdays, Sundays or public holidays
Delivery charges and estimated timescales for delivery are shown against all products. We reserve the right to charge for delivery in the event that incorrect information is provided by the customer to us resulting in a re delivery of your order or replacement parts.
Where an ‘express delivery service’ is selected (not available on all products) it is your responsibility to provide working daytime contact telephone number(s). Failure to do so may result in delays to the expected delivery. The ‘Express delivery service’ is subject to real-time stock levels. Should the Seller be unable to provide the ‘Express delivery service’ due to low stock levels, the ‘premium delivery service’ fee shall be refunded to the customer.
Delivery is usually very easy and straightforward. We can often deliver to specified dates, but cannot guarantee this. Customers will always be contacted at least 24 hours before delivery and be given the date and approximate time of delivery.
Delivery, particularly of log cabins, may be made on an 18T truck with a crane. There must be sufficient space for this vehicle to operate. If in doubt – please contact us to discuss. If a Cabin cannot be off-loaded due to a lack of space a delivery charge may apply.
Delivery is Kerb Side: Our drivers are very helpful and will always try to leave the product as conveniently positioned as possible. We leave it entirely at the driver’s discretion whether or not it is suitable to drive onto your property.
It is Important that you should insert your mobile phone number in the telephone box when ordering. Our system or call centre will always contact you at least one day prior to delivery. You will be given as accurate a delivery schedule as possible.
When buildings are delivered they are packed in a weather proof wrapping and can stand outside quite satisfactorily for a reasonable time. Buildings may be delivered without a crane on a smaller vehicle and has to be off-loaded manually, and therefore un-packed.
If you feel that delivery on a smaller vehicle would be more appropriate – please don’t hesitate to contact us. We can always arrange this and frequently at no additional cost.
Seller. All advertised sizes and measurements are an approximation only. The Seller will endeavour to make sure that sizes and measurements are as accurate as possible but no guarantees can be given. Buildings may differ to images shown.
To the extent permitted by applicable law, we disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. All sizes quoted are approximate. The Seller shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website.
Materials
Some of the products may be made from wood or other natural materials and unlike steel or plastic or other man made materials are affected by its environment. Also each piece of timber will have grains and knots which will vary. These variations can absorb treatment and react to the atmosphere differently.
Some splitting of the timber may occur as it expands and contracts with changes in humidity and temperature, knots may also fall out, this is perfectly natural and does not affect the integrity of the product and does not class as damage or faulty unless it makes the building unfit for purpose.
Payment
Full payment will be taken from your card at the time you place your order, unless we state otherwise on the product page or in direct communication with you. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.
You confirm that the credit or debit card that is being used is yours.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
All prices include VAT (where applicable) at the applicable current rates. For delivery charges refer to our section on Delivery
Payment will be made by credit or debit card and will be taken when the order is placed. This is to protect the Seller from card fraud.
Payment can be made in a number of ways whether online or over the telephone.
Photos
All Pictures of Buildings in brouchure & Website are for reference only, Building are supplied from Colchester sheds and fencing untreated, Teatment is available on request, Buildings are supplied from Shire garden buildings are tanalised ( All Cabins are supplied UNTREATED )
Delivery will be deemed to be completed once the Goods have arrived at the delivery address. Generally the Buyer or his agent will be required to sign for the Goods by way of proof of delivery. In certain circumstances arrangements can be made through email or written confirmation. All Goods must be signed for by an adult aged 18 or over. Where Goods are being delivered to a business or some other institution such as a hospital, ship, airport or hotel, then arrangements must be made for an authorised signatory to deal with the proof of delivery. Special arrangements can be made for the Goods to be left at the Delivery address without a signature (unless a third party supplier requires otherwise).
Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits business or goodwill) whatsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question as stated in the Terms and Conditions.
The Seller is not liable for delivery delays or failures caused by factors outside of our control including “Acts of Nature”, adverse weather conditions, road accidents, vehicle breakdown or personal illness.
Shortages / Damage
You should inspect the goods and notify us within 14 days after the day of receipt of any shortages or damage to the said goods.
Shortage or damage should be reported with detail in writing to ‘The Company’ address, by email.
Upon approved claims within the period defined, the manufacturer will forward the replacement parts usually within 5 to 10 working days, subject to stock level.
Guarantee claims made by you after the period as defined, shall only be considered at the discretion of the manufacturer and not the Seller.
All statements made relating to guarantee periods are to be honoured by the relative manufacturer. We shall assist with any guarantee claim but shall not bear responsibility.
We reserve the right to decline any replacement request should damage or miss-use of the product have occurred upon your property or during self-assembly.
The Seller will not be liable for any costs incurred by the Buyer should they fail to inspect and satisfy themselves that the product is sound and complete prior to self-assembly.
Replacement(s) for shortages or damage reported on ‘Express delivery service’ orders would be arranged using the ‘Standard’ delivery. The initial service charge will be retained to account for the initial delivery service.
However, as the smaller vehicles do not have a crane – the driver will off load the cabin manually.
We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
It is your duty to make yourselves available to be contacted prior to delivery. Should we or our chosen agent is unable to contact you the delivery of the order may be adversely affected. Some products can be left without you being present on the day of delivery either by prior arrangement with us or by you leaving a signed note for the delivery driver on the day of delivery.
We shall aim to fulfil all orders at the earliest opportunity using the distribution infrastructure provided by the manufacturer of the product chosen, unless subject to other arrangement given to you in writing. Delivery periods as published are given in good faith and are anticipated, based upon manufacturer guidance. Delivery can occur sooner or later than the anticipated timescales. If you do not receive goods ordered by you within 30 days of the date on which you ordered them we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.
All orders are subject to availability of the Goods. If the Goods are unavailable we will be at liberty to supply to you a substitute of an equivalent quality and price without notice (“the Substitute Product”). In the event that we are unable to supply the Product or any substitute Product we will notify you as soon as possible and reimburse any payment made. Any special offers are subject to availability and subject to change. The offer can be withdrawn at anytime.
Risk of loss and damage of products passes to you on the date when the products are delivered on or on the date of first attempted delivery by us.
If the Seller fails to deliver the Goods for any reason other than any cause beyond the Seller’s reasonable control or the Buyer’s fault, and the Seller is accordingly liable to the Buyer, the Seller’s liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) the, without prejudice to any other right or remedy available to the Seller, the Seller may:
- store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage and re-delivery; or
- sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.
Risk and Property
Risk of damage to or loss of the Goods shall pass to the Buyer in the case of Goods to be delivered otherwise than at the Seller’s premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.
Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.
Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller’s fiduciary agent and Bailee, and keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property. Until that time the Buyer shall be entitled to resell or use the Goods in the ordinary course of its business, but shall account to the Seller for the proceeds or sale or otherwise of the Goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any moneys or property of the Buyer and third parties and, in the case of tangible proceeds, properly stored, protected and insured.
Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the buyer or any third party where the Goods are stored and repossess the Goods.
The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.
Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the buyer or any third party where the Goods are stored and repossess the Goods.
The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable
Returns
The Buyer may return any delivered Goods within 14 days of delivery for any reason whatsoever (except for bespoke items). The Buyer must notify the Seller in writing via email.
The Seller will not accept returns or cancellations if the Goods have been altered by applying chemicals or paints to the surfaces or by altering or customising the Goods in any way or doing anything that could be deemed to be an act of the Buyer accepting the Goods as his or her own.
The Buyer must keep any Goods he or she intends to return to the Seller in good condition. The Goods must be returned in the same condition as the condition in which they were delivered.
If Goods are delivered flat packed they must be returned in the same condition including complete disassembly. Care must be taken to ensure that Goods returned are packed well to avoid damage or loss in transit.
Goods returned which cannot be sold as new due to damage or wear and tear may be subject to a reduction in the refund given.
Concrete Products
All posts and gravel boards need to be check when collected or delivered by the customer for cracks and damage, because of the nature of the product there is NO return policy on these products, as they are too easily damaged if not transported correctly.
Refunds
The Seller will process refunds within 30 days. If a refund has been requested once the product has left for delivery or has already been delivered, the 30 days commence from the time that the product has been returned to our premises. Where exchange rates of currency are involved, the refund will be made in £GBP at the current exchange rate. The Seller does not accept any responsibility for any loss or gain caused by changes in the exchange rate between the time of ordering and the time of issuing the refund.
Warranties and Liability
Subject to the conditions set out below the Seller warrants that the Goods will correspond with their specification at the time of delivery and will be free from defects in material (please see clause above ‘Materials’), and workmanship for a period of 12 months from the date of their initial use or 6 months from delivery, whichever is the first to expire.
The above warranty is given by the Seller subject to the following conditions:
The Seller shall be under no liability in the event that the Seller in its absolute discretion makes any change to the specification of the Goods which are required to comply with any
applicable safety or statutory requirement or otherwise or which do not materially affect the quality and fitness for purpose of the Goods.
The Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Seller’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Seller’s approval.
The Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment;
The above warranty does not extend to parts, materials or equipment not manufactured by the Seller, in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Seller.
Subject as expressly provided in these Conditions and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977 and/or the Unfair Terms in Consumer Contracts Regulations 1999), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
Where the Goods are sold under a consumer transaction the statutory rights of the Buyer are not affected by these Conditions.
If the Goods delivered are not the Goods ordered by the Buyer (including any substitute product) the Buyer shall be entitled to reject the Goods. Subject to this, any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 7 days from the date of delivery (save in the case of shortages or other defects discoverable on inspection which must be notified to immediately on delivery and be noted on the consignment note) or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract. Furthermore the Buyer will lose the right to reject the Goods if the Buyer takes any step whatsoever to accept the Goods (such as in the case of a shed installing electrical fittings or in all cases doing any act consistent with the Buyer having acknowledged the fact that it accepts the Goods and has no intention of returning the Goods to the Seller)
Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the Goods (or the part in question) free of charge or, at the Seller’s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.
Except in respect of death or personal injury caused by the Seller’s negligence the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the
Contract, for any consequential loss or damage (whether for loss of profit of otherwise), which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, except as expressly provided in these Conditions.
The Seller shall not be liable to the Buyer or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control:
- Act of God, explosion, flood, tempest, fire or accident;
- war or threat of war, sabotage, insurrection, civil disturbance or requisition;
- acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
- import or export regulations or embargoes;
- strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);
- difficulties in obtaining raw materials, labour, fuel, parts or machinery;
- Power failure or breakdown in machinery.
The Seller will not accept any responsibility for any third party costs incurred for late deliveries, failed deliveries or incomplete deliveries. It is the Buyers responsibility to check that the delivery is complete and in good order before arranging any third party contractors to assist in installation.
Installation of Product
For supply only orders, the customer should not arrange or commence any assembly service privately until they have received their product and have fully checked that their product is both complete and sound. We will not be liable for any economic losses or claims (including without limitation loss of revenues, data, profits, expenses, contracts, business or anticipated savings); or loss of goodwill or reputation; or special or indirect losses due to any fitters and contractors not being able to continue installation as a result of missing, damaged, non-delivery or incomplete delivery of goods ordered.
Where we provide details about installers or where you use your own installer the contract is between you and the installer. We cannot accept any liability for claims arising from
installation of products purchased from us, and in the event of any queries or problems arising from work carried out by the installers, customers must contact the installer concerned
An extended delivery time period of up to 10-20 working days will apply to our assembly service. In exceptional and unavoidable circumstances, these periods may be extended.
This service is currently offered to limited postcodes only – please consult the relevant product page on our website.
Customers will be contacted prior to the anticipated fitting date.
Installations are carried out weekdays only, typically between the hours of 7.00am and 8.00pm. In unavoidable circumstances these times can be extended.
It is the responsibility of the Buyer to provide a concrete or paved base, being firm, square (diagonals) and level (by spirit level) – no less than the size of their chosen product. See details on How to build a base.
The buyer should also ensure
600mm (2’) unobstructed access is provided all around the proposed site
No trees, branches or similar encroach upon the proposed site or working space
Provide clear external pedestrian access (not height or turn limited) to allow unimpeded passage of the product sections or components
Customers who have purchased an adjustable base with their building need to be aware that it is their responsibility to ensure that the ground it will sit on is of a gradient no more than 65mm across the length or width of the base, the area should also be devoid of obstructions and not overly saturated with water. If the fitting team deem the ground is not suitable, the installation will be aborted.
Please be aware that our fitting team will not install the building onto a portable base not purchased from our website.
If you are unsure about anything to do with our recommended range of adjustable bases, please contact our customer service help line number before making your purchase, alternatively you can email us.
Our fitting team requires unobstructed access for product delivery and entry to the fitting site. Any failed, abortive or return delivery charges shall be recovered from the Buyer if the base is deemed unsuitable for assembly or assembly is not possible due to access restrictions. We only recommend concrete bases for Log Cabins and larger workshops and summerhouses.
The Seller will not bear any abortive costs arising from or due to a failed delivery / installation.
If the assembly team have to leave the site before completion for reasons beyond our control including the reasons stated above then the assembly charge will not be refundable.
If on arrival, the base does not fully comply with the above and installation is abandoned, the buyer will become liable for the installation service fee. This fee will be retained by the Seller to cover the initial incurred labour costs. The product can be left on site and the Buyer given the option of either self-assembly or preparing an appropriate base upon which a return visit can be arranged subject to payment of an additional erection service fee.
If the buyer decides to cancel the order once the fitting team have finished the installation, the fitting charge will not be refunded if the customer wishes to return the building within the 7 days.
If the buyer decides to cancel the assembly on the day of assembly there will be a cost to the customer. The assembly charge will not be refundable.
If the assembly team have to leave the site before completion for reasons beyond our control including the reasons stated above then we will retain the cost of the installation and either simply deliver the building to the site at the time to enable the customer to assemble the order themselves or return the product(s) to base and charge an additional 50% of the installation cost (with a £75 + VAT minimum charge) to cover a second visit to complete the installation.
The Seller has no objection to any third party companies not contracted by us, working on for example installation of your building or, any electrical package you request from third parties as sub-contractors. (In the case of any electrical installation, this work should be carried out only by a competent qualified electrician)
The Seller cannot accept any responsibility for damage to yourself, or any property arising from the use of any third party or their consequent workmanship, howsoever caused.
It is advisable that you check the indemnity carried or offered by all third parties.
This statement does not affect your statutory rights.
Indemnity
Any disclaimers and exclusions of liability in these Terms & Conditions shall not apply to any damages arising from death or personal injury caused by the negligence of the Seller or any of its employees or agents or fraud. These disclaimers and exclusions shall be governed by and construed in accordance with English Law. If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this
Website, or the use by any other person accessing the Website using your shopping account and/or your Personal details.
We pledge that we will not release your Personal Information to any company for mailing or marketing purposes.
Intellectual Policy
The material and content contained within this website is made available to the Buyer for his or her personal non-commercial use only. Any other use of the material and content is forbidden and the Buyer must not copy, reproduce, transmit, publish, display, distribute, commercially exploit or create any works of such material and content or suffer or allow the copying, reproduction, transmission, publishing, display, distribution, exploitation or creation of derivative works of the material and content.
Undertakings Regarding the Content and Material
The Seller will take all reasonable precautions to keep the details of the Buyer secure. In the absence of negligence on the part of the Seller the Seller will not be held responsible for any losses caused as a result of unauthorised access to information provided by the Buyer.
Links
From time to time the Seller provides links to external websites that may be of interest. The Seller accepts no responsibility for:
The privacy practices of such websites.
The contents of such websites including advertising, content, products, goods or other materials or services on or available from such websites or resources, or
The use to which others make of such websites or resources.
Nor for any damage, loss or offence caused or alleged to be caused by or in connection with the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
Anti-Rot Guarantee
Our garden buildings are pre-treated with a water based timber treatment for protection during transit. In order to receive the full 10 year anti-rot guarantee, it is necessary that you treat the garden building with a high quality, spirit-based, timber preservative prior to or shortly after construction. This will protect the timber from weathering and will need to be repeated accordingly in relation to manufacturer’s instructions.
This guarantee covers fungal decay and insect attack
This guarantee does not cover;
- movement, warping or splitting of the timber over time;
- damage caused by or as a result of misuse;
- glazing material, joinery or roofing felt.
The Seller shall not be liable to the Buyer or be deemed to be in breach of the contract by reason of any delay in performing or any failure to perform, any of the Seller’s obligations in relation to the goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control – Act of God, explosion, flood, storm, fire or accident, war or threat of war, sabotage, civil disturbance or requisition.
This warranty is only valid in the UK.
Validity of Guarantee
The guarantee is invalid if:
- The building has not been constructed on a firm, level base;
- The building has not been constructed or installed as per the instructions;
- The building has been customised or modified in any way;
- The person claiming is not the original purchaser of the building;
- The building has not been treated immediately once constructed and at least every 12 months thereafter;
- The buildings have been touched by an external wall or in contact with a tree or a bush. As this would allow moisture to penetrate the building.
- A damp proof membrane is not laid between the floor joists and the base;
- Corner joints are not sealed with silicone;
- Roofing felt is not properly maintained.
All of our products are sold for domestic use only
These terms and conditions do not affect your statutory rights.
General
If any part of these Terms and Conditions is found to be unenforceable as a matter of law, all other parts of these terms and conditions shall not be affected and shall remain in force.
If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity we shall have no liability to you unless you notify us in writing at our contact address of the problem within 14 days of the delivery of the goods in question.
You must observe and comply with all applicable regulations and legislation including obtaining all necessary customs, import or other permits to purchase goods from our site. Certain national laws may prohibit the importation or exportation of certain of our goods to you. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
These Terms and Conditions do not affect your statutory rights.
Thank you for your time to read the above Terms and Conditions and wish you an enjoyable Internet Shopping Experience.