- 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.
1.5. Changes to these terms We reserve the right to make changes to these terms without notice.
- 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 email@example.com
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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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 firstname.lastname@example.org. 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 email@example.com 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.
- 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.
- 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.
- 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 www.adviceguide.org.uk 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.
- 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.
- 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.
- 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.
- 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.
- How we may use your personal information
- 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.