1. Introduction and Interpretation
1.1 Introduction The Buyer should read these terms and conditions carefully before purchasing.
By purchasing from our website the Buyer agrees to be legally bound by these terms and conditions.
The Buyer should note that these terms and conditions may be modified from time to time.
1.2 In these conditions:
“BUYER” means the person who places an order for Goods or whose order for the Goods is accepted by the Seller.
“GOODS” means the goods (including any instalment of the goods or parts for them) which the Seller is to supply in accordance with these Conditions. The Buyer should note that all Goods depicted on this website (as from time to time modified) are available almost anywhere in mainland UK.
“SELLER” means Timberdise Garden Buildings, 42 Adlard Road, Wheatley Hills, Doncaster, DN2 5NQ.
“CONDITIONS” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in Writing between the Buyer and the Seller.
“CONTRACT” means the contract for the purchase and sale of the Goods.
“WRITING” means email, fax, letter or comparable means of communications.
1.3 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.4 The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. Basis of Sale
2.1 To order Goods the Buyer must follow the procedures set out in these conditions.
Details of procedures, products, prices, payment and delivery are set out in the contract of sale. The Buyer will be given clear instructions as to the order process. The Buyer will be asked to provide accurate personal details.
2.2 These terms combined with the pricing policy, order form and payment method instructions form the total agreement between Seller and Buyer.
2.3 The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into the Contract the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
2.4 Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in Writing by the Seller is followed or acted upon entirely at the Buyer’s own risk and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed.
2.5 Any typographical, clerical or other error or omission in these conditions of sale or in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller. All advertised sizes and measurements are an approximation only. The Seller will endeavour to make sure that sizes and measurements are as accurate as possible but no guarantees can be given. Buildings may differ to images shown or viewed on the website.
3. Orders and Specifications
3.1 The Buyer is obliged to follow the procedure set out in these terms and conditions when placing an order. The Buyer consents to these terms and conditions set out. Timberdise Garden Buildings is not obliged to accept any order. If the Buyer’s order is accepted the Seller will confirm acceptance to the Buyer by any suitable communications means. The Buyer should contact the Seller if he or she does not receive Confirmation of order.
3.2 The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order (including name, full delivery address, contact details and any applicable specification) submitted by the Buyer, and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms and also for ensuring that all information provided by the Buyer is accurate.
3.3 The Buyer warrants that the credit or debit card used by him in connection with the transaction belongs to him and that there are sufficient funds or credit facilities to meet the cost of any Goods ordered. The Seller reserves the right to obtain validation and verification of the authenticity of the credit or debit card before supplying the Goods.
3.4 The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory requirements or, where the Goods are to be supplied to the Seller’s specification, which do not materially affect their quality or performance.
3.5 All orders are subject to availability of the Goods. If the Goods are unavailable the Seller will be at liberty to supply to the Buyer a substitute of an equivalent quality and price without notice (“the Substitute Product”). In the event that the Seller is unable to supply the Product or any substitute Product the Seller will notify the Buyer as soon as possible and reimburse any payment made. Any special offers are subject to availability and subject to change. The offer can be withdrawn at any time.
3.6.1 The Seller will endeavour to provide the best customer service possible. Should anything go wrong the Seller will make every effort to resolve the issue. However, should the problem be incapable of resolution, the Buyer may prefer to amend or cancel the order. In that case the Buyer should contact the Seller.
3.6.2 The Buyer may cancel the order within 7 calendar days from the date of making the order. If the Buyer cancels the order via telephone the order will be put on hold. The Buyer must confirm his or her wish to cancel the order in writing via email or post within 7 calendar days. The order will not be considered cancelled until notification in writing is received.
3.6.3 If the Buyer decides to cancel the order after the Goods have been dispatched and commenced their carriage (whether by carrier or by post), the Seller may charge the Buyer for carriage of the Goods. Buyers are advised to check the status of the order before requesting cancellation. Any charges will be communicated to the Buyer before the Seller confirms cancellation.
3.6.4 The Buyer should note that orders placed on Saturdays, Sundays or on public holidays and orders placed after 1.00pm on normal working days may not be processed until the next working day
3.6.5 The Buyer should note that subject to the provisions of clause 6.2 the Seller will use endeavour to deliver any order placed before 14 December in time for Christmas, but the Seller cannot give any guarantee in this regard. Furthermore orders placed after 14 December will be delivered in the first week in January, but again this is subject to the provisions of clause 6.2
3.6.6 The seller reserves the right to change the specification of any items given away free, in a promotion.
4. Price of the Goods
4.1 The prices are listed in £GBP and are subject to additional costs for installation and delivery to some areas. The Seller reserves the right to change the advertised price of Goods at any time. The price payable by the Buyer shall be the price in force at the time when the order is placed.
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4.5 We do not deliver to the Channel Islands, the Republic of Ireland, Northern Ireland, the Isle of Man, the Isle of Wight, BFPO (British Forces Post Office) addresses, and some areas in mainland Scotland, Wales and the South West will incur an extra delivery charge. Delivery will be at the discretion of Timberdise Garden Buildings and recommend contacting the seller before placing any orders to these destinations.
5. Terms of Payment
5.1 Payment will be made by credit or debit card and will be taken when the order is placed. This is to protect the Seller from card fraud.
5.2 Payment can be made in a number of ways whether in person, via the website or bank transfer. The Seller accepts payment by Visa, MasterCard, Switch, Solo, Delta, Visa Electron, Maestro or PayPal.
6. Delivery
6.1 Delivery of Goods shall be made to the Buyer’s nominated address.
6.2 The seller aims to contact the customer to arrange for delivery of the Goods within the lead time specified in the Confirmation of Order or if no time is specified in the Confirmation within a maximum of 5 working days from the date upon which the Order is placed. However, any dates quoted for contact or deliveries of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence. Customer Deliveries do not generally occur on Saturdays, Sundays or public holidays.
6.2.1 Occasionally deliver of the goods could be on a different day to when the installation will be completed, in this instance the customer must be present at home to receive these goods and they can arrive anytime between 7am and 7pm. Timberdise Garden Buildings will confirm a delivery date and if possible a time slot. If the buyer is not home when delivery takes place and we have not been instructed to leave the product elsewhere, the delivery will not take place and the buyer will be charged for re-delivery. If the day of delivery differs from the day of installation then Timberdise Garden Buildings will take no responsibility for any goods that may be stolen whilst in storage at your property before the completion of the work.
6.4 If the Buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) the, without prejudice to any other right or remedy available to the Seller, the Seller may:
6.4.1 store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage and re-delivery; or
6.4.2 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.
6.5 Delivery will be deemed to be completed once the Goods have arrived at the delivery address. Generally the Buyer or his agent will be required to sign for the Goods by way of proof of delivery. In certain circumstances arrangements can be made through email or written confirmation. All Goods must be signed for by an adult aged 18 or over.
7) Supplied and Fitted Terms and Conditions
Self-Assembly products
7. All our products will require assembly.
7.1. Please follow the assembly instructions. There will be no refunds or replacements for incorrect installation or assembly. The buyer has purchased the Timberdise Garden Buildings product for self-assembly and by doing so has agreed to the terms and conditions for building the product upon a suitable base. Product installation on an unsuitable base will waiver all guarantees null and void including the anti-rot guarantee.
7.1.2. In order to qualify for your Timberdise Garden Buildings anti-rot guarantee you must provide evidence of continued treatment to the wood products such as a high quality paint being applied at least once a year. Timberdise Garden Buildings does not cover acts of nature. If a building is damaged due to winds, floods, fires etc. this is not covered in your Timberdise Garden Buildings guarantee.
7.1.3 As we assume that products that have been installed, assembled, painted or modified in any way were not defective at the time of delivery, no replacements or refunds will normally be available for such products.
7.1.4 Exercise particular care with roofing felt. If cut incorrectly you can purchase additional roofing felt from most good DIY retailers.
7.1.5 Most buildings are pre-treated with a base coat for protection during storage and transit. We recommend that you treat your new building as soon as possible after assembly, using a wood preservative treatment and follow your aftercare guidance.
7.2 If you experience any other problems whilst assembling your product please contact our customer services team on 01302 811838.
7.2.1 If once assembled or partially assembled you report that the product is faulty, we reserve the right to attend your premises to view the product to determine whether there is a defect for which we are responsible. There is a call out charge for this dependent upon geographical location.
Timberdise installation service
7.3 The customer must be present on the day when the work will be undertaken.
7.3.1 It is the responsibility of ‘The Customer’ to provide free and unobstructed access for product delivery and entry to the fitting site. We recommend that panel sizes are checked to allow access
7.4 Customer will also be required to sign to say when the work has started to confirm where they want their Timberdise Garden Buildings building to be erected and also sign upon completion of the work.
7.5 Occasionally delivery of the goods could be on a different day to when the installation will be completed, in this instance the customer must be present at home to receive these goods and they can arrive anytime between 7am and 7pm. Timberdise Garden Buildings will confirm a delivery date and if possible a time slot. If the customer is not home when the delivery takes place and we haven’t been instructed to leave the product anywhere the delivery will not go ahead and the customer will be charged for re-delivery. On the day of delivery if different to the installation day, Timberdise Garden Buildings will take no responsibility for any goods that may have been stolen whilst in storage at your property before the completion of the work.
7.6 Timberdise Garden Buildings will also need access to water and electricity on certain product installations, this will be confirmed when making appointment for installation, failure to provide us with this access could result in the installation not going ahead or incurring an extra charge.
7.7 To ensure that installation can be completed, the customer must:
7.8 If the buyer has chosen not to purchase a base from Timberdise Garden Buildings, they must ensure a suitable base is laid before our team comes to complete installation as outlined in 7.7.
7.9 If upon arrival to complete installation Timberdise Garden Buildings deems that there is not a suitable base, then Timberdise Garden Buildings have the right to refuse installation and the buyer will incur additional charges. The buyer will be required to make another appointment once a suitable base is laid.
7.10 The buyer can however opt to have the installation take place but will be required to sign a disclaimer which waivers their rights to the product guarantee. As installation on an unsuitable base will waiver all guarantees null and void including the anti-rot guarantee.
7.11 In order to qualify for your Timberdise Garden Buildings anti-rot guarantee you must provide evidence of continued treatment to the wood products such as a high quality paint being applied at least once a year. Timberdise Garden Buildings does not cover acts of nature. If a building is damaged due to winds, floods, fires etc. this is not covered in your Timberdise Garden Buildings guarantee.
7.12 In the event that you have purchased this building to either self install or hire a third party company to install the building. Timberdise will not be held liable for any costs that are incurred from the third party installer through delay of the whole or part of the delivery which results in the installation of the building being delayed.
8. Risk and Property
8.1 Risk of damage to or loss of the Goods shall pass to the Buyer in the case of Goods to be delivered otherwise than at the Seller’s premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.
8.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.
9. Warranties and Liability
9.1 Subject to the conditions set out below the Seller warrants that the Goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for a period of 12 months from the date of their initial use or 6 months from delivery, whichever is the first to expire. Except in the case of products purchased and sold as ‘seconds’ in which case clause
9.1 does not apply to ‘seconds’.
9.2 The above warranty is given by the Seller subject to the following conditions:
9.2.1 the Seller shall be under no liability in the event that the Seller in its absolute discretion makes any change to the specification of the Goods which are required to comply with any applicable safety or statutory requirement or otherwise or which do not materially affect the quality and fitness for purpose of the Goods
9.2.2 the Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Seller’s instructions (whether oral or in Writing), misuse or alteration or repair of the Goods without the Seller’s approval. The Buyer must note the provisions of clause 8.1.
9.2.3 the Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment;
9.2.4 the above warranty does not extend to ‘seconds’, parts, materials or equipment not manufactured by the Seller, in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Seller.
9.3 If the Goods delivered are not the Goods ordered by the Buyer (including any substitute product) the Buyer shall be entitled to reject the Goods. Subject to this, any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within 7 days from the date of delivery (save in the case of shortages or other defects discoverable on inspection which must be notified to immediately on delivery and be noted on the consignment note) or (where the defect or
failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract. Furthermore the Buyer will lose the right to reject the Goods if the Buyer takes any step whatsoever to accept the Goods (such as in the case of a shed installing electrical fittings or in all cases doing any act consistent with the Buyer having acknowledged the fact that it accepts the Goods and has no intention of returning the Goods to the Seller)
9.4 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the Goods (or the part in question) free of charge or, at the Seller’s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.
9.5 Except in respect of death or personal injury caused by the Seller’s negligence the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit of otherwise), which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, except as expressly provided in these Conditions.
9.6 The Seller shall not be liable to the Buyer or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control:
9.6.1 Act of God, explosion, flood, tempest, fire or accident;
9.6.2 war or threat of war, sabotage, insurrection, civil disturbance or requisition;
9.6.3 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
9.6.4 import or export regulations or embargoes;
9.6.5 strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);
9.6.6 difficulties in obtaining raw materials, labour, fuel, parts or machinery;
9.6.7 power failure or breakdown in machinery.
9.7 Timberdise Garden Buildings will not accept any responsibility for any third party costs incurred for late deliveries, failed deliveries or incomplete deliveries for self-assembly. It is the Buyers responsibility to check that the delivery is complete and in good order before arranging any third party contractors to assist in installation.
10. Returns
10.1 The Buyer may return any delivered Goods within 7 days of delivery. The Buyer must notify the Seller in writing.
10.2 The Seller will not accept returns or cancellations if the Goods have been altered by applying chemicals or paints to the surfaces or by altering or customising the Goods in any way or doing anything that could be deemed to be an act of the Buyer accepting the Goods as his or her own. The Buyer must keep any Goods he or she intends to return to the Seller in good condition. The Goods must be returned in the same condition as the condition in which they were delivered. If Goods are delivered flat-packed they must be returned in the same condition including complete disassembly. Care must be taken to ensure that Goods returned are packed well to avoid damage or loss in transit. Goods returned which cannot be sold as new due to damage or wear and tear may be subject to a reduction in the refunds given.
11. Refunds
11.1 The Seller will process refunds within 30 days. If a refund has been requested once the product has left for delivery or has already been delivered, the 30 days commence from the time that the product has been returned to the supplier.
If the buyer decides to cancel the order once the fitting team have finished the installation, the fitting charge will not be refunded if the customer wishes to return the building within the 7 days
12. General
12.1 The Seller may alter these terms and conditions from time and time and post a new version. It is the Buyer’s responsibility to check the terms and conditions on a regular basis or prior to purchase.
12.2 No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.
12.3 The Contract shall be governed by the laws of England.
13. Changes to This Site
13.1 We reserve the right to make changes to these terms and conditions at any time.
14. Planning Permission
This is in no way binding and is dependent on Local Authorities, but may be used as a guide Applications for approval normally involve a fee, normally related in some way to the value of the development.
Every application for Planning Permission or Building Regulations is, to an extent, unique. While the following are general rules, it is impossible to define all the regulations applying to a specific development – Local Authorities have some thick books of rules rather than just these few pages. It is always good advice to consult your local planning/building control officers early to avoid any costly abortive work. If work is carried out without the necessary approvals, the local authority can issue an enforcement notice requiring (at best) retrospective approval or (at worst) demolition of the work completed.
Normally Planning Permission or Building Regulation approval is not required provided that:
If at all in doubt contact your local authority for clarification. No charge will be made if no planning permission is required.
15. Anti-Rot Guarantee
19.1 Our garden buildings are pre-treated with a water based timber treatment for protection during transit. In order to receive the full 10 year anti-rot guarantee, it is necessary that you treat the garden building with a high quality, spirit-based, timber preservative prior to or shortly after construction. This will protect the timber from weathering and will need to be repeated accordingly in relation to manufacturer’s instructions.
19.2 This guarantee covers fungal decay and insect attack. The guarantee does not cover movement, warping or splitting of the timber over time. This warranty is only valid in the UK.
19.3 Validity of Guarantee The guarantee is invalid if:
