TERMS AND CONDITIONS OF SALE – GARDEN PERFECTION
These terms and conditions govern all contracts entered into by Garden Perfection for the supply and sale of goods or services. Any booking / order given to Garden Perfection shall be deemed to constitute an agreement to be bound by these terms and conditions. No variations of these terms and conditions shall be of any effect unless agreed by Garden Perfection in writing.
DESCRIPTION OF GOODS
The Garden Perfection website, brochure and any elevation drawings serve as a guide only and do not form part of any contract. Garden Perfection reserves the right to alter specifications without prior notice. Some timber sizes are nominal and subject to normal variations.
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.
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. Final payment of the outstanding balance is due strictly on or before the final day of installation. The finished building should be inspected and signed off prior to payment.
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 Garden Perfection and the customer until the outstanding works are completed. 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 Garden Perfection). All goods remain the property of Garden Perfection until the final balance is paid for in full.
ORDERS ON HOLD
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 Garden Perfection. 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. 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 their has been no communication between the customer & us within this period.
If the customer wishes to cancel an order, 35 days’ notice is required prior to the installation date whereupon all deposits will be returned in full. If the customer wishes to cancel within 35 days of the installation, the following penalties will be incurred: 10% of the total sales price within 35-14 days of the installation, 30% within 14-10 days and 50% within 10 days. Once the commencement has taken place no refunds will be made. Garden Perfection reserves the right to cancel any order prior to the project start / installation date for any reason. In the event of Garden Perfection cancelling an order, a full refund will be given.
If the customer postpones/delays the project start / installation date for any reason the follow penalties will be immediately incurred: 15% of the total sales price within 14-5 days of the scheduled base installation date, 30% within 5 days.
ECO SPACE DELIVERY
Garden Perfection will always try to honour the estimated delivery/install date, 98% of our buildings are delivered and installed within the estimated time. However we cannot guarantee the install date and cannot be held responsible for postponement or delay outside of our control (for example extreme weather conditions, access difficulties, parking, traffic etc.) and cannot be liable for compensation. Garden Perfection will not deliver or install products through domestic buildings, over fences or other obstacles without prior consultation and written agreement. Access route to the build site must be clear. Parking requiring permits must be arranged by the customer during the days of install.
GARDEN BUILDING BASES & INSTALLATIONS
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. A minimum charge of £500 will be incurred in the event that the site does not confirm with our requirements and as a result the installation date has to be cancelled/delayed. 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. If an existing base has been used e.g. concrete slab, Garden Perfection cannot be held liable for subsidence or settlement issues.
Access to electricity and water is required on site. Whilst every care is taken to avoid any damage to plants, grass, trees and garden landscaping, Garden Perfection cannot be held responsible for damage caused by the install team. We strongly recommend that we provide garden landscaping / re-landscaping to complete the project after the building has been installed to avoid any incidental damage. Spoil created by the base team will not be removed from site unless agreed prior to the works commencing.
A Part P certificate will only be supplied where Garden Perfection 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 28 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. Every effort is made to provide an accurate quotation for electrical works, however the inspection of the customer’s power source and consumer unit is only visual and is based on the assumption that the customer’s electrics comply with current building regulations. Garden Perfection 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 prior to any necessary additional works being carried out.
ECO SPACE PLANNING
Planning consent is not normally required, however it is the customer’s responsibility to ensure that planning consent is not required for the installation. We recommend you seek clarification from your local planning authority. If the customer has been provided with 3D Animation / Design 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 refusal is provided to Garden Perfection. 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.
Garden Perfection are covered by liability insurance up to £2million. Full details are available on request.
LAW GOVERNING THIS CONTRACT
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.