Terms and Conditions
1. CONDITIONS APPLYING
(a). Unless otherwise agreed in writing these conditions will govern all contracts including all on-line contracts for the sale of the Company's goods or the supply of its services. Any qualification, amendment or addition to these conditions imposed by the Customer will not apply unless expressly accepted by the Company in writing.
2. BASIS OF SALE
(a). An order from the Customer shall constitute an offer, and acknowledgement of that order by the Company shall constitute acceptance of the offer. The only representations in connection with the Company's goods or services for which the Company will accept liability are those specifically referred to in the Company's price list or quotation.
(b) All advertised sizes and measurements are an approximation only. The Company will endeavour to make sure that sizes and measurements are as accurate as possible.
3. PRICE
(a) All quotations remain valid until the conclusion of the present month. Any price adjustments, if applicable, are implemented on the 1st day of each month.
(b) Notwithstanding the above the Company reserves the right to alter the price of the goods to reflect any change in the cost to the Company due to customer changing delivery dates, changes in specification to the goods requested by the Customer, failure to provide adequate delivery access or failure of the Customer to provide the Company with adequate information or instructions.
(c) The prices shown in the Company's price list, website and store are in £GBP and are inclusive of VAT @ the current rate. Delivery of goods is chargeable dependent on postcode and type of goods, PLEASE NOTE we do not cover delivery to all areas of England so check before hand, on http://www.haventimber.co.uk or 01225 720140.
4. PAYMENT
(a) Full payment must be received upon order, unless otherwise agreed in writing or delivery/collection will be delayed or cancelled and we reserve the right to charge you a fee which is sufficient to cover our lost expenses.
(b) Payment can be made with Visa, MasterCard, Visa Electron or Cash. CHEQUES are not accepted.
(c) The Customer warrants that the credit or debit card used in connection with the transaction belongs to them and that there are sufficient funds or credit facilities to meet the cost of any goods or services ordered from the Company.
(d) Application may be made for an Account, however the application shall be determined in the absolute discretion of the Company; if an Account is approved by the Company then payments are due in full not more than 30 days from the date of invoice.
(e) Reservation of Title. All goods supplied by Haven Timber remain the property of Haven Timber until paid for in full.
(f) Interest on overdue invoices shall accrue from the date when payment becomes due @ 2% per calendar month or part thereof.
(g) Any deposits against purchases are strictly non-refundable.
5. CANCELLATIONS AND RETURNS
(a) The Company or the Customer may cancel the contract at any time, prior to commencement of manufacture of the goods by giving written notice.
(b) In the event of cancellation before acceptance of an offer, all monies accompanying the Customers order will be returned. See (g)
(c) In the event of the company cancelling the contract the customer will be entitled to a full refund and compensation for the costs they incurred due to cancellation. If the customer cancels the contract then the company reserves the right to charge for all net costs incurred at the time of cancellation. The remainder, if any will be returned to the customer.
(d) If the Customer is not reasonably satisfied with the goods, then the Company will refund all monies paid providing the goods are returned to the Company's premises, carriage paid, within seven (7) days of delivery and are in as good condition as when dispatched by the Company. See (h).
(e) All refunds that may be authorized by the Company will be paid back by the method that the monies were paid.
(f) The Company will not accept returns or cancellations if the Goods have been erected, altered by applying chemicals or paints to the surfaces or by altering or customizing the Goods as his or her own, or that have been made to the Customers personal requirements, i.e; optional fixtures, adaptations, or preferences. The Customer must keep any Goods they intend to return to the Company dry and in good condition as delivered.
(g) When ordering via distance means (over the telephone or via the website/email) you have a right to cancel under the Consumer Protection (Distance Selling) Regulations 2000. You have 7 working days from the day after you receive the goods to return them for a full refund. Please contact us in writing (email is sufficient) if you wish to cancel. You are responsible for the return costs. We can also collect the goods from you where a charge will apply. We would request that goods are returned with the original packaging if possible and would like to remind you that you have a statutory duty to take care of the goods.
(h) ALL ITEMS PURCHASED AS 'EX-DISPLAY' ARE SOLD AS SEEN, NO REFUNDS or RETURNS OR EXCHANGES ARE ACCEPTED.
6. DELIVERY AND ACCESS
(a) The Company will deliver the goods by road to the Customers premises or that of a specified address made at the time of the order by the Customer and it is the Customers responsibility to make necessary arrangements to take delivery of the goods.
(b) Delivery vehicles will not be driven off road and it is the Customers responsibility to advise us in writing of any narrow lanes, narrow roads, bends, height restrictions, driveways etc, which will impede our delivery vehicle on route to the Customers premises or address.
(c) If through lack of advice from the Customer, the Company is unable to deliver the goods to the Customer or in the case of a contract to erect the building on the date that the Company has notified of intended delivery, the Company reserves the right to either:
( * ) Stack the goods adjacent to the delivery site or,
(** ) Return the goods to the Company's own premises.
The Company reserves the right to apply a re-delivery charge if (*) (**) apply.
(d) Goods will be delivered to point most convenient from our delivery vehicle; it is the Customers responsibility to provide able-bodied assistance to move the goods to the Customers chosen site.
7. ASSEMBLY & INSTALLATION
(a) All our products require assembly, unless assembly service has been paid for in full. Please follow the assembly instructions precisely, as no refund or replacement will be given for incorrect assembly or installation.
(b) Roofing felt is delivered in rolls, please take care handling as they are heavy and can damage easily if dropped or manhandled. Check shades of colour of roofing felt before cutting the roll or nailing, as no exchange, refund, or replacement will be given, as this is not a product defect. Exercise care with roofing felt as, if cut incorrectly you may be short, however if you do, you can purchase additional roofing felt from The Company.
(c) All products, unless otherwise stated are pre-treated with a factory base coat for protection during storage & transit, The Company therefore recommends the Customer to treat the exterior and/or interior of the product as soon as possible after installation, assembly and/or purchase, with a good quality wood preserver treatment. Timber is porous and the Company also advises the Customer to always apply a good quality waterproof treatment to the exterior of any garden building to stop water penetration. The Company advises the Customer to follow all treatment manufacturers’ instructions and treat the product on a regular basis; this will help keep the product in top condition.
(d) If the Customer requests the Company to install the goods, then the Customer shall be responsible to the Company for ensuring sufficient parking and clear access to and around the site. Access should be wide enough for a person to walk through without height restrictions, steps, severe turns as some sections of the goods may not be able to negotiate these. For Health and Safety reasons we cannot take panels over fences, walls, hedges, garages. The base will be clear of all rubbish.
(e) To ensure installation of garden buildings can be completed , the Customer must;(a ) provide a concrete or paved base, being firm, square, (diagonally ) and level (by spirit level ) - no less than the size of their chosen Product,
(f )ensure 600mm (2ft ) nonconstructive access is provided all around the proposed site, (c )no trees, branches, or similar encroach upon the working space of the proposed site. And (d) provide clear external pedestrian
Access (not turn or height limited) to allow unimpeded passage of the product components and sections.
(g) If on arrival we find the access to the site or the base prepared by the Customer does not comply with
7(e ) or 7(f ) then the Customer shall be liable for action of their choosing as defined under 7(h) or 7(i)
(h) Upon abortive installation, the goods can be left for self-assemble by the Customer, but the company reserves the right to charge for costs incurred due to the installation not going ahead.
(i) Upon abortive installation, the goods can be left until the Customer provides adequate parking or access to the base, or provide an appropriate base as defined in 7 (e) or 7(f), at which point a return
Installation visit can be arranged upon payment of an additional payment similar to that defined under 7(h).The initial fee having been retained to account for initial abortive labour costs.
(j) If the reason for the callout is the goods do not conform to the contract and/or the installation was not done to a reasonable standard then the call out charge will be refunded.
8. LIABILITY
(A). Other than for death or personal injury due to the negligence of the Company, liability to the Customer shall not exceed the cost of the goods.
(b) The Company may at its option make good, or supply components free of charge, or replace goods manufactured or supplied by the Company which are found to be defective by reason of faulty materials or workmanship.
Under these circumstances the following shall apply:
(i) The Customer should notify the Company in writing or e-mail as soon as the discovery of the defect is found giving full details. The company will then contact the customer to arrange a suitable date and time to inspect the product.
(ii ) The Company shall have no liability in respect of any defect and/or consequential loss or damage, arising from fair wear and tear, willful damage, negligence on the part of the Customer, abnormal conditions including storm damage, failure to follow the Company's instructions regarding maintenance, advise and/or specification, failure by the Customer to provide adequate site and base work for a building, misuse of the goods, alteration and/or addition to the goods made by the Customer or the Company at his direction.
(iii) Timber is living; natural material affected by environmental and climatic changes, therefore the Company cannot accept liability for shrinkage, expansion, cracking, warping, and variations in colour.
(c) No exclusions or restrictions contained in this contract apply in relation to the terms implied by the Sale of Goods Act where the Customer is the Consumer.
9. CUSTOMERS REVIEWS
(a) The Company reserves the right to approve, disapprove or display any Customers review at our discretion. Where we see fit, we may correct the grammar of a Customers review. But not the content unless we feel it is necessary to remove any potentially offensive or unlawful statements.
10. GENERAL
(a) As the Company has no responsibility over the Customers base then the Customer is responsible for general maintenance of the building and/or product after the Company's installers have left the Customer's site. Doors and windows may need re-adjusting due to the base being slightly out of level and the building settling to the Customers base. Due to the variations in our climate the roofing felt may experience undulations; this is nothing to cause concern and is beyond the control of the Company. The Company recommends the installation of guttering on all building, and the good ventilation of the interior of the building.
(b) All timber sizes are nominal i.e. before machining.
(c) The Company advises the Customer to insure the building and any contents against all risks.
(d) The Company advises the Customer not to install any electrical products in any of its buildings. If the Customer insists then the Customer should seek a qualified electrician for advice and installation.
(e) These conditions contain the whole of the Company's liability's and all conditions & warranties implied by Statue common law or trade usages are hereby excluded.
(f) No delay or indulgence by the Company in enforcing any provisions of these conditions shall prejudice or restrict the rights of the Company, nor shall any waiver by the Company of any breach of any provision of these conditions by the Customer be treated as a waiver of any subsequent breach of the same or any provision.
(g) The Company may alter these terms & conditions from time to time and post a new version on the website, following which all use of the website will be governed by the new version. It is the Customers responsibility to check the terms and conditions on the website on a regular basis.
(h) The Company recommends to the Customer to print out a copy of these terms and conditions for future reference.
(I) these terms and conditions do not affect your statutory rights. For further advice and information on your rights contact Citizen Advice on 08454 040506.
IMPORTANT NOTICE REGARDING PLANNING AND PLANNING PERMISSIONS.
Planning Permission
Planning Permission deals with how a building looks and the impact it has on it's surroundings and environment. Generally planning permission is required for any new building, however recent changes in regulations have relaxed the rules somewhat, allowing small outbuildings to be erected without requiring official planning consent as long as they follow certain conditions. Planning rules vary slightly depending on where you are, but we have itemized some of the main points below for your assistance ONLY, HAVEN TIMBER and/or HAVEN TIMBER team members are not permitted to give Planning advice and NOT responsible for Sheds and/or Garden Buildings that fail to meet Planning Guidelines, these should only be used as a guide and we recommend that you check with your local authority for the most up-to-date information prior to ordering your Shed and/or Garden Building.
Planning Permission for England
Under new regulations that came into effect on 1 October 2008, outbuildings are considered to be permitted development, not needing planning permission, subject to the following limits and conditions:
No outbuilding on land forward of a wall forming the principal elevation.
Outbuildings and garages to be single story with maximum eaves height of 2.5m and a maximum overall height of 4.0m with a dual pitched (apex) roof or 3m for any other roof.
Maximum height of 2.5m in the case of a building, enclosure or container within 2m of a boundary of the curtilage of the dwelling/house.
No verandas, balconies or raised platforms.
No more than half the area of land around the 'original house' would be covered by additions or other buildings.
In National Parks, the Broads, Areas of Outstanding Natural Beauty and World Heritage Sites the maximum area to be covered by buildings, enclosures, containers and pools more than 20m from house to be limited to 10 square metres.
On designated land, buildings, enclosures, containers and pools at the side of properties will require planning permission.
Within the curtilage of listed buildings any outbuilding will require planning permission.
Building Regulations
Building Regulations ensure that the structure is safe and is constructed to a high standard. In general a building warrant won't be required if the floor area of the outbuilding is less than 15m2. If the floor area of the building is between 15m2 and 30m2, you won't normally be required to apply for building regulations approval providing that the building is either at least one metre from any boundary, or if it is constructed of substantially non-combustible materials. In both cases, building regulations don't apply ONLY if the building does not contain any sleeping accommodation. As always, please check with your local authority.
All information above is supplied as a guide for your assistance, HAVEN TIMBER and/or member' of the HAVEN TIMBER team are not held as responsible for any planning breaches and cannot be held liable, HAVEN TIMBER and/or HAVEN TIMBER team members are also not permitted to give planning advice, you, the customer, are liable and responsible for the Shed and or Garden Building ordered too fall within Planning Guidelines, HAVEN TIMBER cannot refund any Sheds and/or Garden Buildings that fall outside of Planning Guidelines, HAVEN TIMBER and/or HAVEN TIMBER team members are also unable to advise on any planning issues.
Please check with your local authority if you are unsure, as we can't be held responsible if your building breaches local regulations.
Please check with your local authority if you are unsure before ordering your Shed and/or Garden Building.