TERMS AND CONDITIONS OF SALE – GREEN RETREATS LTD (The Garden Office)
The “Company” is Green Retreats Ltd
The “Customer” is the person, firm or company who purchases the product or services from the Company.
Green Retreats, The Garden Office, Garden Studio and ProWorkshop are all trading names of Green Retreats Ltd.
- APPLICATION OF THESE TERMS AND CONDITIONS
1.1. It is considered that any customer entering in to an agreement with Green Retreats Ltd. is in acceptance of these terms and conditions. The customer is responsible for obtaining a copy of these terms and conditions for their reference.
1.2. Green Retreats Ltd. reserves the right to amend these terms and conditions at any time.
1.3. No variations of these terms and conditions shall be of any effect unless agreed by the company in writing.
1.4. If any part of this Agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable
1.5. The contract shall in all respects be construed and operated as an English contract governed by English law and any dispute arising out of, or in connection herewith, shall be referred to the English courts.
- OUR PRODUCTS
2.1. The company website, brochure and any elevation drawings serve as a guide only and do not form part of any contract.
2.2. The company make every effort to be as accurate as possible however precise measurements indicated on our website, in our brochures and on any order documentation are subject to reasonable levels of tolerance.
2.3. The company reserves the right to alter specifications without prior notice. Changes to product specification are rare and reasons for doing so may include, but are not limited to, improving general quality or efficiency of the product, because the material is no longer available to the company or for drastic changes in material costs. The company will always endeavour to inform the customer when any significant specifications are to be amended.
3.1. All prices stated on the company’s website and literature include VAT at the current rate.
3.2. Showroom Discount will only be applied to orders where the Customer has visited the showroom prior to the installation of their building taking place.
3.3. Green Retreats adhere to a transparent pricing policy; no discounts other than those advertised on our website and/or in our Showroom at the time of order will be applied.
3.4. Once the customer places an order and the deposit is received, a sales confirmation will be issued and the price stated will remain fixed, unless the order is put on hold for longer than 90 days.
4.1. A £200 holding deposit is required upon placing the order and is fully refundable up to 35 days prior to the install date, at this point the balance of the deposit (50% of the sales price) is required.
4.2. Final payment of the outstanding balance is due strictly on or before the final day of installation.
4.3. If additional minor works (i.e. plastering, painting, electrics, trimming) or any remedial action is required after the main installation, a proportionate retention (reflecting the cost of outstanding work) is agreed between Green Retreats Ltd and the customer until the outstanding works are completed.
4.4. Any outstanding balance may be paid by bank transfer (copy of transaction required) or by debit or credit card, unless other arrangements are made. If paying by cheque, it must be handed to the install team on the day of completion (cheques must be made payable to Green Retreats Limited). All goods remain the property of the company until the final balance is paid for in full.
5.5. As all Products designed and manufactured by Green Retreats are made-to-order, to customer specifications, they are exempt from cancellation rights.
5.6. The customer may cancel an order and receive a full refund up to 35 calendar days before the scheduled installation date. For avoidance of doubt, the scheduled installation date is the week commencing date indicated on the most recent Sales Order Confirmation sent to the customer.
5.7. If the customer wishes to cancel an order within 35 calendar days of the scheduled installation date the following charges will be incurred;
5.7.i. Within 35-14 days of the scheduled installation date: 10% of the total sales price;
5.7.ii. Within 14-10 days: 30% of the total sales price;
5.7.iii. Within 10 days: 50% of the total sales price.
5.8. If the customer cancels an order once the base has been laid they will forfeit the total sales price in full unless an alternative agreement has been confirmed between the customer and Green Retreats.
- ORDERS ON HOLD
6.1. If a customer is not ready to proceed with an installation date they may place their order ‘on hold’ in which case the holding deposit will remain on account with Green Retreats. Prices will remain fixed for a period of 90 days from the date the order is put on hold, after which any recent price updates will be applied to the order.
6.2. Orders may remain on hold for a period of 12 months before they are automatically cancelled. The customer will be contacted at this time so that they may provide details for the refund of the holding deposit. No refund will be issued if the customer has been supplied with AutoCAD documents (see clause 7.3).
- PLANNING PERMISSION
7.1. Planning consent is not normally required however, it is the customer’s responsibility to ensure that planning consent is not required for the installation of the outbuilding. We recommend you seek clarification from your local planning authority. Green Retreats will not be held liable for any breach of Permitted Development/Planning regulations applicable to your property.
7.2. If the site is in a Conservation Area we recommend that the customer contacts their local authority to confirm whether or not any Article 4 Directions (restrictions on your Permitted Development rights) have been applied to the property.
7.3. If the customer has been provided with AutoCAD documents and they choose to cancel their order the holding deposit is non-refundable. The holding deposit is refundable if Planning Permission is declined on condition that proof of the refusal is provided.
7.4. The customer is responsible for ensuring that their building and its location complies with their Planning Approval conditions. Green Retreats will not be liable for any changes a customer may make to the design, specification or location of a building once a Planning Application has been submitted or approved.
- SCHEDULED DATES
8.1. The company will always try to honour the estimated delivery/installation date, 98% of our buildings are delivered and installed within the estimated time. However, we cannot guarantee the installation date and cannot be held responsible for postponement or delay outside of our control, this may include but is not limited to extreme weather conditions, access difficulties, parking, traffic.
8.2. The company cannot be held liable for any loss, damages, charges or expenses incurred by the customer as the direct or indirect result of any delay in the delivery or installation of an order.
8.3. Any time frames given to the customer to suggest the duration of an installation are an estimate only and do not form part of any contract. The company will not guarantee to complete an installation of a building by any specified date or time.
8.4. If the customer postpones/delays the installation of the base or building for any reason within 14 calendar days of the installation the following penalties will be immediately incurred;
8.4.i. Within 14-5 days of the scheduled base installation date: 15% of the total sales price;
8.4.ii. Within 5 days of the scheduled base installation date or any time after the base has been laid: 30% of the total sales price.
- WORK ON SITE
9.1. The customer is responsible for preparing the site as per the written notes on their Sales Order and any discussion that takes place with the Site Surveyor at the time of sale.
9.2. The customer is responsible for providing all necessary parking permits, access and permissions in advance of the base and building installation dates. Access to electricity and water is required on site.
9.3. In accordance with the Site Preparation Notes all sites/bases must be level with correct drainage in place, a clearance of no less than 400mm is required in addition to the external dimensions of the building to allow construction.
9.4. Failure to complete the necessary preparations may result in a delay or, in certain circumstances, cancellation of the installation schedule. A minimum charge of £500 will be incurred if the customer has not carried out the necessary preparations as per clauses 9.1, 9.2 and 9.3.
9.5. The company will not deliver or install products through domestic buildings, over fences or other obstacles without prior consultation and written agreement.
9.6. Whilst every care is taken to avoid any damage to plants, grass, trees and garden landscaping, Green Retreats cannot be held responsible for damage caused by the installation teams.
9.7. We strongly recommend that garden landscaping is completed after the building has been installed to avoid any incidental damage.
9.8. The company reserves the right to withdraw its employees or designated contractors from site where they deem the working conditions to be unsafe in accordance with current Health and Safety Regulations. In such cases the company will discuss any necessary changes to the working environment/conditions with the customer which must be carried out before works can continue.
9.9. All installation personnel have been trained and briefed on safe working practices including use of PPE (Personal Protective Equipment) in accordance with current Health and Safety regulations. If a full Risk Assessment and/or Method Statement are required by a customer 5 weeks’ notice must be given and charges may apply based on the level of compliance required.
9.10. Green Retreats Ltd are covered by liability insurance up to £10million. Full details are available on request.
10.1. The customer must be present on the base date and is responsible for confirming the location of the base prior to construction. Once this position has been confirmed and base constructed the position cannot be changed. The customer should consider any areas surrounding the building that may be obstructed or restrict access to openings on or around the garden room.
10.2. If an existing base has been used e.g. concrete slab, Green Retreats cannot be held liable for subsidence or settlement issues.
10.3. Spoils created by the base team will not be removed from site unless agreed in writing prior to the works commencing.
- ELECTRICAL WORKS
11.1. A Part P certificate will only be supplied where Green Retreats completes a full external connection of power and will only be supplied to the customer once the final balance has been paid in full. The certificate can take up to 21 days to process. Where a full connection has not been made, readings are available on request. It is the responsibility of the certified electrician completing the full connection to certify the electrical works.
11.2. Every effort is made to provide an accurate quotation for electrical works, however the inspection of the customer’s own armored cable and consumer unit is only visual and is based on the assumption that the customer’s electrics comply with current building regulations. It is the customer’s responsibility to ensure that the cable is fit for purpose. Quotes given at the point of sale are estimates only and do not act as confirmation of the cable being suitable. Green Retreats cannot be held liable should the cable prove to be unsuitable or inadequate.
11.3. Green Retreats reserves the right to refuse to complete electrical work or to apply additional charges where a connection is not possible with the current power source/consumer unit. The customer will be informed and quoted prior to any necessary additional works being carried out.
11.4. Where Green Retreats are to complete a connection of an existing cable or of a cable to be supplied by the customer, it is the customer’s responsibility to run the cable from the main fuse board in the house to the garden room site. The customer must ensure that there is an excess of at least 3 metres to the end of the cable reaching the site. Unless otherwise stated on the customer’s Sales Order, Green Retreats will not complete any of the works to run the cable, this includes clipping the cable to any boundary/wall/fence. Should the customer request that such work is completed additional charges will apply.
11.5. The company reserves the right to make any changes to electrical product specification or services they deem necessary to ensure safety compliance. The customer will be made aware of any such requirements and cost implications before the relevant works are carried out.
- YOUR GUARANTEE
12.1. Green Retreats buildings are covered by a comprehensive transferable guarantee, which is activated once the final balance is paid in full. The terms of your guarantee are as follows:
Design and manufacturing faults to the structure of the building (including rot and corrosion)
Internal misting in double glazing
Door and window hinges and locks
External decking (rot, corrosion and structural faults)
Internal linings and trim, floor covering, internal accessories, blinds
Electrical installations and appliances, including underfloor heating and air conditioning units
Electrical and network connections
12.2. Buildings constructed by Green Retreats under ‘Permitted Development’ should not be used for habitable accommodation. If used for habitable accommodation the guarantee is invalid. Guarantee excludes normal ‘wear and tear’ and decorated surfaces.
12.3. No guarantee will be made by Green Retreats against the effects of weather exposure on the colour of the external cladding. Cedar will naturally fade and silver over time, it is recommended that that any cedar on the Green Retreat is treated by the customer within 1 month of installation and every 6 months thereafter to preserve its original colour.
12.4. Door adjustments are not covered under guarantee and may be necessary from time to time. Adjustments can be easily carried out by the customer – please call the Customer Care office for advice.
12.5. Green Retreats guarantee glass on windows and doors in accordance with the ‘Glass and Glazing Federation’ guidelines (a copy can be obtained from the Customer Care team). No guarantee will be made against scratches or imperfections in/on the glass once the sign-off of the building inspection has been completed.
12.6. Where underfloor heating has been installed the customer must ensure that all furniture is raised on legs, the use of flat-base furniture will invalidate your guarantee.
12.7. Guarantee claims should be made to the main office on discovery of the fault. Failure to report a fault immediately may invalidate your guarantee. Once agreed, a maintenance team will be dispatched to remedy the issues free of any charge. Green Retreats Ltd will not reimburse payments made to third party repair contractors without prior written consent.
12.8. If the customer is deemed to be responsible for any faults to the building, all costs associated with remedial works will be charged to the customer.
- PLASTERED BUILDINGS
13.1. Green Retreats Ltd follow NHBC guidelines relating to plaster finishes: “some cracking (up to 2mm wide) is likely due to shrinkage and differential movement of materials”. Settlement cracks should be filled and sanded by the customer and are not covered under guarantee.
13.2. It is the responsibility of the customer to ensure that the building is well ventilated during the plaster drying process. The company will not be liable for any cracking or moisture retention caused by lack of ventilation during the drying process.
13.3. Green Retreats buildings finished with the Acoustic Pack are designed to reduce sound by up to 45 decibels (results may vary and are dependent on the amount of glass you opt to have on your garden room). Green Retreats makes no claim of any building being completely soundproof.
14.1. We strongly advise that all buildings are fitted with at least one opening window for ventilation purposes. UPVC doors are fitted with trickle vents and opening windows feature a vent lock system. Aluminium Bifolding doors are not fitted with trickle vents.
14.2. If the building is being used as a gym or exercise room it is important to maintain good ventilation. We recommend heating and ventilating your building before use and during use to avoid condensation on equipment.
- GROUND, GUTTER AND ROOF MAINTENANCE
15.1. Green Retreat products require zero maintenance however, it is the customer’s responsibility to ensure areas around the building are kept clear. An air gap under the sides and rear of the building must be maintained and clear of obstacles to ensure vegetation and weeds do not make contact with the building and lead to possible intrusion within the building.
15.2. Gutters and roofs should be inspected and cleared of all debris a minimum of twice a year.
15.3. As with any external building, failure to clear gutters and keep air gaps maintained may result in damage to the fabric of the building which will invalidate your guarantee.
15.4. If remedial work is carried out and the defect is found to be a result of the customer failing to maintain a clear area around the building the work will be chargeable to the customer (as per clause 12.7).