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Terms & Conditions

  1. These terms 

1.1. What these terms cover. These are the terms and conditions on which we supply the  Summerhouse and products to you.  

1.2. Why you should read them. Please read these terms carefully before you submit your  order to us. These terms tell you who we are, how we will provide products to you, how  you and we may change or end the contract, what to do if there is a problem and other  important information. 

1.3. Are you a business customer or a consumer? In some areas you will have different  rights under these terms depending on whether you are a business or consumer. You  are a consumer if: 

  • You are an individual. 
  • You are buying products from us wholly or mainly for your personal use (not for  use in connection with your trade, business, craft or profession). 

1.4. If you are a business customer this is our entire agreement with you. If you are a  business customer these terms constitute the entire agreement between us in relation to  your purchase. You acknowledge that you have not relied on any statement, promise,  representation, assurance or warranty made or given by or on behalf of us which is not  set out in these terms and that you shall have no claim for innocent or negligent  misrepresentation or negligent misstatement based on any statement in this agreement.  

  1. Information about us and how to contact us 

2.1. Who we are. We are West Midlands Summer Houses Limited a company registered in  England and Wales. Our company registration number is 11825644 and our registered  office is at 123 Tipton Road Woodsetton, Dudley, West Midlands, United Kingdom, DY3  1BZ. Our registered VAT number is 823917910.  

2.2. How to contact us. You can contact us by telephoning our customer service team on  01384 424538 or by writing to us at 

2.3. How we may contact you. If we have to contact you we will do so by telephone or by  writing to you at the email address or postal address you provided to us in your order.  

2.4. "Writing" includes emails. When we use the words "writing" or "written" in these terms,  this includes emails. 

  1. Definitions used in these terms and conditions  

Summerhouse The product outlined in the Quote we will provide to you. 

Quote The list of products and prices you have selected to be provided on the dates  agreed, as set out in writing by us either by email, messenger or WhatsApp.  

  1. Our contract with you 

4.1. How we will accept your order. Our acceptance of your order will take place when we  send you a final plan or we tell you that we are able to provide you with a Summerhouse  and accept your deposit, at which point a contract will come into existence between you  and us. Your signature of these terms and conditions demonstrates your agreement to  them and they together with the Quote will form the basis of our contract with you.  

4.2. If we cannot accept your order. If we are unable to accept your order, we will inform  you of this. This might be because the product is out of stock, because of unexpected  limits on our resources which we could not reasonably plan for, because we have  identified an error in the price or description of the product or because we are unable to  meet a delivery deadline you have specified.  

  1. Our products/ Summerhouse  

5.1. It is your responsibility to ensure you are content with the materials of the  Summerhouse before you accept the order. We will give you opportunity to view the  materials we use for the Summerhouse at our warehouse before you place your order.  Please ensure you are happy with the materials before you place the order, as we will  not be responsible if you are not happy with the quality of the products and you have not  reviewed the materials prior to placing your order.  

5.2. Products may vary slightly from their pictures. The images of the products on our website or in our brochure are for illustrative purposes only. The products and your Summerhouse may vary slightly from those images. Translucent paint colours can be very light and may show natural defects. Paint may become darker with every coat. 

5.3. The ground screw base is only compatible on some ground types and we are unable to guarantee until tested that the ground is suitable. It is your responsibility to ensure that a flat and level base is provided with suitable drainage. If the ground is not suitable, it is not our responsibility to fit a suitable base and this can void the warranty should you not provide a suitable base in all aspects. 

5.4. Ground screws will make the building taller. It is your responsibility to ensure that any increased height is compliant with any applicable building regulations or planning requirements, please enquire beforehand if you have concerns.  

5.5. If we are supplying and fitting a ground screw base, it is the customers responsibility to supply us with a detailed plan of any underground works, if you do not supply a detailed plan of underground pipes and cables or other, or personally be on site to identify where any pipes or cables may run underground. When we drill down and if we hit a pipe or cable etc,  we accept no responsibility whatsoever, and you the customer agrees this is not our responsibility to fix any damage, even if customer is on site to identify cables as ultimately it is the customers responsibility to correctly identify underground obstacles.

5.6. If you have purchased the hand painting service please note that although our timber is of a very high quality, all timber can naturally move, shrink and expand, seepage may become visible from knots on the paint and unpainted areas may appear due to expansion and contraction in the tongue and groove over time. All timber is kiln dried and has a small amount of moisture left in the timber, and this movement can be the last signs of drying out and settling. This is not a defect in the provision of the services but as a natural consequence of the nature of wood. The building may need repainting within the first 6 months due to this. 

5.7. Once you receive your Quote and plan, please review for any missing details. If these  have not been disclosed to us before acceptance of your order, we may not be able to  rectify this. It is your responsibility to review the Quote and check for any missy details. If  the details are not included on the plan, they will not be included on the Summerhouse.  

5.8. Product packaging may vary. The packaging of the product may vary from that shown  in images on our website.  

5.9. Making sure your measurements are accurate. If we are making the product to  measurements you have given us you are responsible for ensuring that these  measurements are correct. You can find information and tips on how to measure by  contacting us and you should leave at least 500mm around the perimeter of the building.  All measurements of the products are approximate and we will confirm with you whether  they are inside or outside measurements. Measurements must be made to our set sizes  and any variations will need to be added to the plan by you.  

5.10. What is not included in the supply of the Summerhouse The Quote details the only  products that we will be obliged to supply as part of the fitting of the Summerhouse.  Please note that in particular you are responsible for organising your own access to the  area we are building the Summerhouse, supplying an appropriate base, with adequate  drainage and creating a level area. If you are unable to arrange for this, then we are not  responsible for any losses you may incur as a result and provided we are ready and able  to provide/deliver the Summerhouse we shall not be liable to you. 

5.11. We are not insured to carry our Summerhouse and products over roofs, or any obstacles  which we deem unsafe. If you ask us to lift products over a roof or fence, in signing  these terms, you are agreeing that any accidental damage to your property or  Summerhouse is at your own risk and we will not be held responsible.  

5.12. It is your responsibility to ensure you have checked your local planning portal and that your building abides by all your imposed restrictions. While we can advise on general restrictions, it is impossible for us to know the ever changing restrictions for every area in the UK, and we cannot be held accountable for any problems due to you not following your areas restrictions.

5.13. The internal finish of the summerhouse is intended to be filled and painted (both plywood and MDF) and may come with natural defects in the sheet materials. This is not a fault. With all internal finishes, decorating needs to be taken into consideration and is not a service we provide. 

  1. Your rights to make changes 

6.1. If you wish to make a change to the Summerhouse you have ordered please contact us.  We will let you know if the change is possible. If it is possible we will let you know about  any changes to the price of the Summerhouse, the timing of supply or anything else  which would be necessary as a result of your requested change and ask you to confirm  whether you wish to go ahead with the change. The latest date on which you can  request any changes is 14 days prior to the agreed delivery date on the proviso that we  have not started to fit the Summerhouse and any agreed delivery dates.  

6.2. Please check for any damages before we leave your property on delivery. If you have  chosen our fitting service, please ensure you are satisfied with the Summerhouse before  we leave. A waiting period will be added to any rectifications, if you do not inform us of  them on the day of installation.  

  1. Our rights to make changes 

7.1. Minor changes to the Summerhouse. We may change the Summerhouse:  (a) to reflect changes in relevant laws and regulatory requirements; and 

(b) to implement minor technical adjustments and improvements, for example to  address a security threat. These changes should not affect your use of the product.  

(c) to reflect the availability of products – for example the provision of a certain type of  paint may be unsuitable for the specific job  

  1. Providing and fitting the Summerhouse  

8.1. Delivery costs. The costs of delivery will be as told to you in the course of email or  telephone exchanges. 

8.2. When we will provide the Summerhouse. During the order process we will let you  know when we will provide the products to you. The timing of the delivery may be  subject to amendment depending on availability of products. Delivery time of the  individual products of your Summerhouse is not of the essence – that means that it is  not essential and you cannot terminate this contract and we will not be liable for any  losses in relation to minor delays in delivery. If you wish to change the date of delivery,  you must notify us not less than 30 days before the agreed delivery date. If you make  any changes to the delivery date which are less than 30 days’ notice, we may charge a  handling a storage fee.  

8.3. We win begin fitting the Summerhouse on the date agreed with you during the order  process. The estimated completion date for the fitting is as told to you during the order  process. 

8.4. We are not responsible for delays outside our control. If our supply of the products is  delayed by an event outside our control then we will contact you as soon as possible to  let you know and we will take steps to minimise the effect of the delay. Provided we do  this we will not be liable for delays caused, but if there is a risk of substantial delay (more than 12 months in circumstances relating to the effect of a pandemic, epidemic or  communicable disease) you may contact us to end the contract and receive a refund for  any products you have paid for but not received.  

8.5. We will not be responsible for issues that arise due to your own failure to maintain  the Summerhouse. You are responsible for maintaining the Summerhouse after we  have completed the fitting and we will not be responsible for any issues that arise from  faults outside of our control.  

8.6. If you are not at home when the product is delivered. If no one is available at your  address to take delivery and fitting of the Summerhouse, we will contact you using your  chosen method of communication informing you of how to rearrange delivery. We will  charge additional delivery costs for second delivery.  

8.7. If you do not re-arrange delivery. If you do not collect the products from us as  arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect  them from a delivery depot we will contact you for further instructions and may charge  you for storage costs and any further delivery costs. If, despite our reasonable efforts,  we are unable to contact you or re-arrange delivery or collection we may end the  contract and clause 11.2 will apply. 

8.8. If you do not allow us access to provide services. If you do not allow us access to  your property to perform the services and provide the goods as arranged (and you do  not have a good reason for this), and you have not prepared the area correctly in line  with the above terms, we may charge you additional costs incurred by us as a result. If,  despite our reasonable efforts, we are unable to contact you or re-arrange access to  your property we may end the contract and clause 11.2 will apply. 

8.9. Your legal rights if we deliver goods late. You have legal rights if we deliver  collectively the Summerhouse late. If we miss the delivery deadline for any goods then  you may treat the contract as at an end straight away if any of the following apply: 

(a) we have refused to deliver the goods; or  

(b) delivery within the delivery deadline was essential.  

8.10. Setting a new deadline for delivery. If you do not wish to treat the contract as at an  end straight away, or do not have the right to do so under clause 8.9, you can give us a  new deadline for delivery, which must be reasonable, and you can treat the contract as  at an end if we do not meet the new deadline. However, we will not be responsible for  failure to meet the new deadline due to delays outside of our control under clause 8.3.  

8.11. When you become responsible for the goods. A product which is goods will be your  responsibility from the time we deliver the product to the address you gave us or you  collect it from us. 

8.12. When you own goods. You own a product which is goods once we have received  payment in full. 

8.13. What will happen if you do not give required information to us. We may need  certain information from you so that we can supply the products to you, in particular for  example:  

(a) Not less than 15 working days before agreed delivery date, a photograph of the  bases together with access to your back garden or anywhere you are having the  Summerhouse built, including any measurements of small openings such as  doorways, overhead restrictions, potential hazards and stairs; 

(b) Notify us if we have to carry the Summerhouses over roofs or any obstacles; and 

(c) Notify us if you have any slopes, concrete, obstacles, pipes or sewage in and  around the area where the Summerhouse is being built.  

We will contact you to ask for this information. If you do not give us this information  within a reasonable time of us asking for it, or if you give us incomplete or incorrect  information, we may either end the contract (and clause 11.2 will apply) or make an  additional charge of a reasonable sum to compensate us for any extra work that is  required as a result. We will not be responsible for supplying the products late or not  supplying any part of them if this is caused by you not giving us the information we need  within a reasonable time of us asking for it.  

In the event that we arrive at the site and are unable to erect the Summerhouse, it will be  at our discretion whether the products can be left at your premises for you to erect.  

8.14. Reasons we may suspend the supply of products to you. We may have to suspend  the supply of a product to: 

(a) deal with technical problems or make minor technical changes; 

(b) update the product to reflect changes in relevant laws and regulatory requirements; 

(c) make changes to the product as requested by you or notified by us to you (see  clause 7). 

8.15. Your rights if we suspend the supply of products. We will contact you in advance to  tell you we will be suspending supply of the product, unless the problem is urgent or an  emergency. If we have to suspend the product we will arrange for an alternative product  to be supplied of equal value. 

8.16. We may also suspend supply of the products if you do not pay. If you do not pay us  for the products when you are supposed to (see clause 15.2) and you still do not make  payment within 7 days of us reminding you that payment is due, we may cancel this  contract. As well as cancelling the contract we can also charge you interest on your  overdue payments (see clause 15.4).  

8.17. Unacceptable working conditions for our staff. If our staff arrive on the day to install  your Summerhouse/product and the working conditions are not acceptable, including but  not limited to animal waste, debris and household waste, we will unload the  summerhouse/product and leave it in your care and a redelivery must be arranged, for  which a redelivery fee may be charged even if the initial delivery of the building was free.  It is the customers responsibility to remove anything that may be unpleasant for our staff  to work around. We must have a clear, clean working environment.  

8.18. Additional, unquoted work. If we end up being required to do any additional work  which had not been explicitly agreed upon in writing before accepting the order, we  reserve the right to charge for this retrospectively. This includes but is not limited to extra  work to prepare a base, digging out dirt, removing fence panels, adjusting access routes  and moving debris.  

  1. Your rights to end the contract 

9.1. You can always end your contract before the Summerhouse has been built. Your  rights when you end the contract will depend on what you have brought, whether there is  anything wrong with it, how we are performing, when you decide to end the contract and  whether you are a consumer or business customer

(a) If what you have bought is faulty or misdescribed you may have a legal right  to end the contract (or to get the product repaired or replaced or to get some or all  of your money back), see clause 13 if you are a consumer and clause 14 if you are a  business; 

(b) If you want to end the contract because of something we have done or have  told you we are going to do, see clause 9.2; 

(c) If you are a consumer and have just changed your mind about the product,  see clause 9.3. You may be able to get a refund if you are within the cooling-off  period, but this may be subject to deductions and you will have to pay the costs of  return of any goods;  

(d) In all other cases (if we are not at fault and you are not a consumer exercising  your right to change your mind), see clause 9.6. 

9.2. What happens if you have good reason for ending the contract. If you are ending a  contract for a reason set out at (a) to (c) below the contract will end immediately and we  will refund you in full for any products which have not been provided. The reasons are: 

(a) we have told you about an error in the price or description of the Summerhouse you  have ordered and you do not wish to proceed; 

(b) there is a risk that supply of the products may be significantly delayed because of  events outside our control; or  

(c) you have a legal right to end the contract because of something we have done  wrong and we do not rectify the issue within 30 days of you notifying us of the issue.  

9.3. How long do consumers have to change their minds? If you are a consumer then for most products bought over the telephone, by mail order or by exchange of emails you have a legal right to change your mind within 14 days and receive a refund. However this is not the case with our products, as they are Bespoke and customised goods they are exempt from this. You have 48 hours in which to cancel from the point of paying your deposit. Past that, the deposit is forfeit as it will have been used on the bespoke materials for your building. 

9.4. When consumers don't have the right to change their mind. Your right as a  consumer to change your mind does not apply in respect of: 

(a) Services and fitting, once these have been completed, even if the cancellation  period is still running; 

(b) any products which become mixed inseparably with other items after their delivery. 

9.5. How long do consumers have to change their minds? If you are a consumer how  long you have to change your mind depends on what you have ordered and how it is  delivered.  

(a) If you have asked us to install the Summerhouse, you have 14 days after the day  we email you to confirm we accept your order. However, once we have completed  the services you cannot change your mind, even if the period is still running. If you  cancel after we have started the services, you must pay us for the services provided  up until the time you tell us that you have changed your mind.  

(b) If you have purchased goods and our Summerhouse, you have 14 days after the  day you (or someone you nominate) receives the goods, unless that are split into  several deliveries over different days. In this case you have until 14 days after the  day you (or someone you nominate) receives the last delivery to change your mind  about the goods.  

9.6. What happens if you end the contract without a good reason. Even if we are not at  fault and you are not a consumer who has a right to change their mind, you can still end  the contract before it is completed, but you may have to pay us compensation. A contract  for goods is completed when the product is delivered and paid for. A contract for services  is completed when we have finished providing the services and you have paid for them. .  If you want to end a contract before it is completed where we are not at fault and you  have not changed your mind, just contact us to let us know. The contract will end  immediately and we will refund any sums paid by you for products not provided but we  may deduct from that refund (or, if you have not made an advance payment, charge you)  reasonable compensation for the net costs we will incur as a result of your ending the contract as compensation for the net costs we will incur as a result of your doing so  including but not limited to any non-refundable deposits that have been paid to materials  for the Summerhouse. For the avoidance of doubt the initial deposit will not be  refundable as this covers our administration costs in providing the products and secures  the main products for the Summerhouse. 

  1. How to end the contract with us (including if you are a consumer who has  changed their mind) 

10.1. Tell us you want to end the contract. To end the contract with us, please let us know  by doing one of the following:  

(a) Phone or email. Call customer services on 01384424538 or email us at Please provide details of what you bought,  when you ordered or received it and your name and address.  

(b) By post. Or simply write to us at West Midlands Summerhouses, Unit 15, Wallows  Road, Brierley Hill, West Midlands, DY5 1QB including details of what you bought,  when you ordered or received it and your name and address.  

10.2. Returning products after ending the contract. If you end the contract for any reason  after products have been dispatched to you or you have received them, you must return  them to us. You must allow us to collect them from you. Please call customer services  on 01384424538 or email us at to arrange  collection. If you are exercising your right to change your mind you must send off the  goods within 14 days of telling us you wish to end the contract.  

10.3. When we will pay the costs of return. We will pay the costs of return: (a) if the products are faulty or misdescribed; 

(b) if you are ending the contract because we have told you of an upcoming change to  the product or these terms, an error in pricing or description, a delay in delivery due  to events outside our control or because you have a legal right to do so as a result of  something we have done wrong; or 

(c) In all other circumstances (including where you are exercising your right to change  your mind) you must pay the costs of return. 

10.4. What we charge for collection. If you are responsible for the costs of return and we are  collecting the product from you, we will charge you the direct cost to us of collection. The  costs of collection will be the same as told to you in the course of email exchanges. 

10.5. How we will refund you. We will refund you the price you paid for the products  including delivery costs, by the method you used for payment. However, we may make  deductions from the price, as described below. 

10.6. When we may make deductions from refunds if you are a consumer exercising  your right to change your mind. If you are exercising your right to change your mind:  

(a) We may reduce your refund of the price (excluding delivery costs) to reflect any  reduction in the value of the goods, if this has been caused by your handling them in  a way which would not be permitted in a shop. If we refund you the price paid before  we are able to inspect the goods and later discover you have handled them in an  unacceptable way, you must pay us an appropriate amount. 

(b) Where the product is a service, we may deduct from any refund an amount for the  supply of the service for the period for which it was supplied, ending with the time  when you told us you had changed your mind. The amount will be in proportion to  what has been supplied, in comparison with the full coverage of the contract. 

10.7. When your refund will be made. We will make any refunds due to you as soon as  possible. If you are exercising your right to change your mind then:  

(a) If the products are goods and we have not offered to collect them, your refund will  be made within 14 days from the day on which we receive the product back from  you or, if earlier, the day on which you provide us with evidence that you have sent  the product back to us. For information about how to return a product to us, see  clause 10.2. 

(b) In all other cases, your refund will be made within 14 days of your telling us you  have changed your mind. 

  1. Our rights to end the contract 

11.1. We may end the contract if you break it. We may end the contract for a product at any  time by writing to you if: 

(a) you do not make any payment to us when it is due and you still do not make  payment within 7 days of us reminding you that payment is due; 

(b) you do not, within a reasonable time of us asking for it, provide us with information  that is necessary for us to provide the products;  

(c) you do not, within a reasonable time, allow us to deliver the products to you or  collect them from us; 

(d) you do not, within a reasonable time, allow us access to your premises to supply the  services; or 

(e) you are otherwise in breach of the terms of this contract.  

11.2. You must compensate us if you break the contract. If we end the contract in the  situations set out in clause 11.1 we will refund any money you have paid in advance for  products we have not provided but we may deduct or charge you reasonable  compensation for the net costs we will incur as a result of your breaking the contract, including but not limited to any non-refundable deposits. For the avoidance of doubt the  initial deposit will not be refundable as this covers our administration costs in providing  the products and secures the main products for the Summerhouse.  

11.3. We may withdraw the product. We may write to you to let you know that we are going  to stop fitting the Summerhouse. We will let you know at least 14 days in advance of our  stopping the supply and will refund any sums you have paid in advance for products  which will not be provided. 

  1. If there is a problem with the product 

12.1. How to tell us about problems. If you have any questions or complaints about the  products, please contact us at the details given on the first page of these terms. We  request that any complaints are raised as soon as possible.  

  1. Your rights in respect of defective products if you are a consumer  

13.1. If you are a consumer we are under a legal duty to supply products that are in conformity  with this contract. See the box below for a summary of your key legal rights in relation to  the product. Nothing in these terms will affect your legal rights.

Summary of your key legal rights 

This is a summary of your key legal rights. These are subject to certain exceptions. For  detailed information please visit the Citizens Advice website or call  03454 04 05 06. 

If your product is goods, for example the Summerhouse, the Consumer Rights Act 2015 says  goods must be as described, fit for purpose and of satisfactory quality. During the expected  lifespan of your product your legal rights entitle you to the following: 

up to 30 days: if your goods are faulty, then you can get an immediate refund. 

up to six months: if your goods can't be repaired or replaced, then you're entitled to a full  refund, in most cases. 

up to six years: if your goods do not last a reasonable length of time you may be entitled to  some money back. 

See also clause 9.3. 

If your product is services, for example installing the garden summerhouse, the Consumer  Rights Act 2015 says: 

you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or  get some money back if we can't fix it. 

if you haven't agreed a price beforehand, what you're asked to pay must be reasonable. if you haven't agreed a time beforehand, it must be carried out within a reasonable time. See also clause 9.3.

13.2. Your obligation to return rejected products. If you wish to exercise your legal rights to  reject products you must allow us to collect them from you. Please contact us using the  details in these terms to arrange collection. 

  1. Your rights in respect of defective products if you are a business  

14.1. If you are a business customer we warrant that on delivery, any products which are  goods shall: 

(a) conform with their description and any relevant specification; 

(b) be free from material defects in design, material and workmanship;  

14.2. Subject to clause 14.3, if: 

(a) you give us notice in writing within a reasonable time of discovery that a product  does not comply with the warranty set out in clause 14.1; 

(b) we are given a reasonable opportunity of examining such product; and 

(c) you return such product to us at our cost, 

we shall, at our option, repair or replace the defective product, or refund the price of the  defective product in full.  

14.3. We will not be liable for a product's failure to comply with the warranty in clause 14.1 if: 

(a) you make any further use of such product after giving a notice in accordance with  clause 14.2(a); 

(b) the defect arises because you failed to follow our oral or written instructions as to the  storage, installation, commissioning, use or maintenance of the product or (if there  are none) good trade practice; 

(c) the defect arises as a result of us following any drawing, design or specification  supplied by the Customer; 

(d) you alter or repair the product without our written consent; or 

(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or  abnormal working conditions. 

14.4. Except as provided in this clause 14, we shall have no liability to you in respect of a  product's failure to comply with the warranty set out in clause 14.1. 

14.5. These terms shall apply to any repaired or replacement products supplied by us under  clause 14.2. 

  1. Price and payment 

15.1. Where to find the price for the product. The price of the product (which excludes VAT)  will be the price as on our website and discussed with you in our telephone and course  of email exchanges. We take all reasonable care to ensure that the price of the product  advised to you is correct. However please see clause 15.2 for what happens if we  discover an error in the price of the product you order.  

15.2. What happens if we got the price wrong. It is always possible that, despite our best  efforts, some of the products we sell may be incorrectly priced. We will normally check  prices before accepting your order so that, where the product's correct price at your  order date is less than our stated price at your order date, we will charge the lower  amount. If the product's correct price at your order date is higher than the price stated to  you, we will contact you for your instructions before we accept your order.  

15.3. When you must pay and how you must pay. You must pay invoices by the date set  out in the Quote. If no dates are set out in the Quote then you must pay the following  amounts within the following time scales: 

(a) 25% deposit on acceptance of your order/signature of these terms and conditions.  This will be non-refundable unless the order is cancelled within 48 hours of the  deposit being paid, unless agreed otherwise.  

(b) The balance of the total price no later than 7 days before delivery of the  Summerhouse.  

(c) Payment of any other amount or any additional products subsequently ordered  within 7 days of the date of the invoice.  

15.4. We can charge interest if you pay late. If you do not make any payment to us by the  due date we may charge interest to you on the overdue amount at the rate of 4% a year  above the base lending rate of Lloyds Bank PLC from time to time. This interest shall  accrue on a daily basis from the due date until the date of actual payment of the overdue  amount, whether before or after judgment. You must pay us interest together with any  overdue amount.  

15.5. What to do if you think an invoice is wrong. If you think an invoice is wrong please  contact us promptly to let us know. You will not have to pay any interest until the dispute  is resolved. Once the dispute is resolved we will charge you interest on correctly  invoiced sums from the original due date. 

15.6. PayPal and credit card refunds. If you seek and obtain a PayPal refund under the  buyer protection scheme or equivalent or from your credit card provider in circumstances  where you are not entitled to a refund under these terms, you promise to indemnify us  for any and all losses we incur as a result.  

  1. Our responsibility for loss or damage suffered by you if you are a consumer  

16.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail  to comply with these terms, we are responsible for loss or damage you suffer that is a  foreseeable result of our breaking this contract or our failing to use reasonable care and  skill, but except as set out in clause 16.2, we are not responsible for any loss or damage  that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will  happen or if, at the time the contract was made, both we and you knew it might happen,  for example, if you discussed it with us during the sales process. If you do not discuss  the potential risks set out in clause 16.4 with us before fitting, we will not be responsible.  

16.2. 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 as  summarised at clause 12.1 and for defective products under the Consumer Protection  Act 1987. 

16.3. We are not liable for business losses. If you are a consumer we only supply the  products for to you for domestic and private use. If you use the products for any  commercial, business or re-sale purpose our liability to you will be limited as set out in  clause 17.  

16.4. When we are liable for damage to your property. If we are providing services in your  property, we will make good any damage to your property caused by us while doing so.  However, we are not responsible for the cost of repairing any pre-existing faults or  damage to your property that we discover while providing the services.  

  1. Our responsibility for loss or damage suffered by you if you are a business 

17.1. Nothing in these terms shall limit or exclude our liability for: 

(a) death or personal injury caused by our negligence, or the negligence of our  employees, agents or subcontractors (as applicable); 

(b) fraud or fraudulent misrepresentation; 

(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2  of the Supply of Goods and Services Act 1982; or 

(d) defective products under the Consumer Protection Act 1987; or 

(e) any matter in respect of which it would be unlawful for us to exclude or restrict  liability. 

17.2. Except to the extent expressly stated in clause 17.1 all terms implied by sections 13 to  15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and  Services Act 1982 are excluded. 

17.3. Subject to clause 17.1: 

(a) we shall not be liable to you, whether in contract, tort (including negligence), breach  of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential  loss arising under or in connection with any contract between us; and 

(b) our total liability to you for all other losses arising under or in connection with any  contract between us, whether in contract, tort (including negligence), breach of  statutory duty, or otherwise, shall be limited to [%] of the total sums paid by you for  products under such contract. 

  1. How we may use your personal information 

18.1. How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.  

  1. Other important terms 

19.1. Guarantee. We offer a 12 month manufacturing warranty on our Summerhouse against  defective workmanship and materials, subject to clause 19.2 and 19.3. The warranty  commences from the date of delivery to you.  

19.2. The warranty does not cover timber as this is a natural living product and is subject to  movement, swelling, warping, twisting, shakes, splits and knots after the Summerhouse  has been fitted. A 30 day warranty only is offered on doors and windows from the date of  delivery.  

19.3. Nail on standard felt has no guarantee and will need to be replaced as it is a temporary  item. Other options are available.  

19.4. Recommendations. Opaque colours will protect your Summerhouse better than  translucent colours as this will offer more UV protection.  

Translucent paints will become darker with every coat applied.  

If your Summerhouse is not insulated, please be aware that by storing damp items in the  Summerhouse, or not ventilating your Summerhouse regularly, this can result in mould  growth. This is not a fault or covered by the Guarantee.  

19.5. We may transfer this agreement to someone else. We may transfer our rights and  obligations under these terms to another organisation. We will contact you to let you  know if we plan to do this and we will ensure that the transfer foes not affect your rights  under the contract.  

19.6. You need our consent to transfer your rights to someone else (except that you can  always transfer our guarantee). You may only transfer your rights or your obligations  under these terms to another person if we agree to this in writing.  

19.7. Nobody else has any rights under this contract (except someone you pass your  guarantee on to). This contract is between you and us. No other person shall have any  rights to enforce any of its terms, except as explained in clause 19.6 in respect of our  guarantee. Neither of us will need to get the agreement of any other person in order to  end the contract or make any changes to these terms. 

19.8. If a court finds part of this contract illegal, the rest will continue in force. Each of  the paragraphs of these terms operates separately. If any court or relevant authority  decides that any of them are unlawful, the remaining paragraphs will remain in full force  and effect. 

19.9. Even if we delay in enforcing this contract, we can still enforce it later. If we do not  insist immediately that you do anything you are required to do under these terms, or if  we delay in taking steps against you in respect of your breaking this contract, that will  not mean that you do not have to do those things and it will not prevent us taking steps  against you at a later date. For example, if you miss a payment and we do not chase you  but we continue to provide the products, we can still require you to make the payment at  a later date. 

19.10. Which laws apply to this contract and where you may bring legal proceedings if  you are a consumer. These terms are governed by English law and you can bring legal  proceedings in respect of the products in the English courts. If you live in Scotland you  can bring legal proceedings in respect of the products in either the Scottish or the  English courts. If you live in Northern Ireland you can bring legal proceedings in respect  of the products in either the Northern Irish or the English courts. 

19.11. Alternative dispute resolution if you are a consumer. Alternative dispute resolution is  a process where an independent body considers the facts of a dispute and seeks to  resolve it, without you having to go to court. Should you raise a complaint that we cannot  resolve for you we will provide you in writing with details of a certified ADR provider at  the end of our complaints procedure together with confirmation as to whether we are  willing to use ADR in the particular circumstances.  

19.12. Which laws apply to this contract and where you may bring legal proceedings if  you are a business. If you are a business, any dispute or claim arising out of or in  connection with a contract between us or its subject matter or formation (including non contractual disputes or claims) shall be governed by and construed in accordance with  the law of England and Wales and the courts of England and Wales shall have exclusive  jurisdiction to settle any such dispute or claim.