Moorlands Garden Furniture Terms and Conditions – Shepherd Hut orders
1. You and Us
1.1 We are Moorlands Garden Furniture Limited (Company Number 12031061), our registered office is 1 Tape Street, Cheadle, Staffordshire. ST10 1BB (“Moorlands, we, us”).
1.2 You are the purchaser of a shepherd’s hut as designed and manufactured by Moorlands. By placing an order with us for the construction of a shepherd’s hut, you agree to enter into a legally binding contract with us on the terms and conditions set out in this document (“you”).
2. A Helping Hand
2.1 We are on hand to help you every step of the way, from initial queries, right the way through the construction of your shepherd’s hut to aftercare, just call our Customer Services on (01538) 711880 or write to us at email@example.com or 1 Tape Street, Cheadle, Staffordshire. ST10 1BB.
2.2 If we should need to contact you, we’ll always try to do so in the first instance by telephone or by the email that you provide to us at the time of placing your order.
3. Our Huts
3.1 We design and build traditional and contemporary shepherd’s huts to the specifications of our customers. There is a wide variety of options and applications available, which we are happy to discuss with you prior to placing an order with us (the “Hut”).
3.2 We take great pride in our Huts and the techniques used in creating them. As such, we aim to use only trusted FSC, PEFC and Grown in Britain suppliers to ensure all building materials meet our standards.
3.3 Occasionally, we may need to make small changes to a Hut. We may do this to ensure it meets safety or other statutory requirements. If we need to make a material change to the design or layout of the Hut or these terms, then we will write to you to confirm this prior to us starting the construction of your Hut. You have the option of ending the agreement before the construction begins by writing to us within 10 days of us notifying you of the changes to the design of your Hut.
4. Your Order
4.1 You can place your order with us by visiting our workshop or by contacting us via telephone or email. Once we have discussed your requirements, we will send you a quotation detailing the specification of your Hut. The quotation will specify the initial upfront payment required from you before we will begin crafting your Hut (the “Deposit”). Once we receive this initial payment, your order is deemed to have been placed and we will send you your order confirmation detailing the specification of your Hut. Once we have received both your deposit and your written agreement to the specification a binding contract is formed between us and you (the “Contract”).
4.2 During the order process we will provide you with a breakdown of the specifications for your Hut together with our bespoke design plans. These documents will be prepared in accordance with our discussions with you and can be changed or amended as you require. Once payment has been received, our workshop will begin building your Hut.
4.3 You have the right to cancel your agreement with us under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 without giving any reason for doing so, provided you give us notice to cancel within 14 calendar days after your order has been placed. We’ll refund any monies paid by you as soon as reasonably possible and in any event within 14 days of receiving your written notice of cancellation. If you give us notice to cancel your order after this period but prior to commencement of construction of your Hut we will refund monies paid by you less 15% of the total net price of your Hut. Once we begin construction of your Hut, we are unable to provide a refund.
5.1 We’ll keep you updated throughout the design, preparation and construction of your Hut. We aim to provide you with a delivery date as soon as possible after the completion of your Hut. We will use our reasonable endeavours to deliver your Hut to you within the given timescale.
5.2 During the design process, we will give you the dimensions for your Hut. It is your responsibility to inspect your nominated delivery address to make sure that there is an adequate point of entry in terms of both minimum height and width. Keep in mind that we will require adequate room in order to manoeuvre the Hut. This should be at least 2 meters more than the height and width of the Hut.
5.3 If at the time of delivery, a clear point of access is not available, we will assess the situation on site and determine with you the best course of action. Where we are required to carry out such unforeseen additional work in relation to the delivery of your Hut, we reserve the right to charge you for our reasonable costs in carrying out any such additional work.
5.4 To help us make sure that your Hut is delivered to your desired address without delay, you must provide us with current photos of the point of access so that we can prepare a plan for delivery with you in advance of your Hut arriving. This will help us to try and avoid issues and delays occurring when your Hut is delivered.
5.5 You can rely on us to add the finishing touches to your Hut and prepare it for transit from our workshop to your nominated delivery address. While we are making the necessary arrangements at our end, you should consider ahead of time access to your chosen location and make sure that the Hut has a level and firm base to be placed on. This does not necessarily have to be a hardstanding base.
5.6 We advise against placing the Hut on wet or boggy ground without some form of base beneath the wheels. We do not supply or install bases for our Huts. If you believe that you will require a base for the Hut to stand on, it is your responsibility to have this installed prior to the delivery of your Hut.
5.7 Despite our best efforts to deliver your Hut to you in a prompt and safe manner, there may be unforeseen damage caused to your Hut by hazards beyond our control during transit and delivery, such as low hanging branches or inadequate clearance. Should any damage be caused to your Hut as a result of such issues, we can make arrangements for repairs to be carried out on site within 21 days from the date of delivery.
5.8 We are not responsible for any damage to your Hut that results from insufficient access to the delivery address, you may be charged for any repairs required as a result of insufficient access to the property. We will make you aware of this before any such repairs are carried out.
5.9 All of our Huts can accommodate electrical and plumbing connections. If you intend to make use of such features, it is important that you have the necessary connections installed at the delivery address. We always recommend that you contact a certified professional to undertake the installation of and test all electrical and plumbing connections to your Hut.
5.10 Should delivery not be possible on the day, due to insufficient access, we will provisionally arrange an alternative date for delivery. Once payment has been received from you to cover the costs of the second delivery attempt we will provide you with confirmation of the scheduled date.
5.11 We are not liable for any delays in delivery or damage caused as a result of or resulting from your failure to comply with these terms and conditions.
6.1 We guarantee that your Hut will be free from structural defects for a period of 5 years from the date of delivery. If any structural failure should occur to your Hut during this period, we will carry out the required repair works free of charge.
6.2 This guarantee does not extend to any exposed timber, paint work, cladding or non-structural component comprising any part of the Hut.
6.3 This guarantee does not extend to any damage resulting from neglect, failure to carry out routine maintenance and upkeep, improper use, adverse weather, exposure to corrosive materials, fair wear and tear, or damage caused by a third party.
7. Price and Payment
7.1 The price of your Hut will be agreed with you ahead of the building of your Hut beginning. This is to make sure that all of the specifications of the Hut meet your requirements.
7.2 All prices given and delivery services are subject to the applicable rate of UK VAT.
7.3 Once we have agreed the specifications for your Hut with you, we will provide you with a quote for the building of your Hut. This quote is subject to change if you decide to vary the design or make additions to your Hut after our initial quote has been given. We will agree any additional costs with you before implementing any changes to the design and construction of your Hut.
7.4 Once we have provided you with an order confirmation form along with the design plans for your Hut and the deposit has been received, we will begin building your Hut in accordance with the agreed designs.
7.5 A final payment will be required prior to confirmation of delivery. We will not deliver your Hut until payment had been received in full. We will provide you with an update of the outstanding costs once your Hut has been completed.
7.6 We take reasonable care to ensure that the prices quoted by us and in our pricing guides are correct. However, please be aware that if there are any changes to the design of your Hut the price of your order may change to reflect these alterations.
7.7 Once we’ve received payment in full, the Hut will be yours to enjoy and all rights of ownership will pass to you.
7.8 We accept payment via BACS (preferred) or cheque. Any payment made by cheque will be subject to the amount clearing into our account before being deemed as received.
8. Other Terms
8.1 We are responsible to you for any foreseeable loss and damage caused by us. If we fail to comply with these terms we are responsible for any loss or damage you suffer that is a foreseeable result of our breaking of this agreement or our failing to use reasonable care and skill, such liability shall not exceed the value of the Hut. We will not be responsible for any losses suffered by you beyond the value of the Hut.
8.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products and for defective products under the Consumer Protection Act 1987.
8.3 We are not liable for any indirect losses or business losses. If you use the products for any commercial, business or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.4 We will not be in breach of these terms nor liable for any delay in performing, or failure to perform, any of our obligations under these terms if such delay or failure results from events, circumstances or causes beyond our reasonable control.
8.5 If any provision or part-provision of these terms becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these terms.
8.6 Any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms or its subject matter shall be governed by and construed in accordance with the law of England and Wales.
8.7 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms or its subject matter or formation.