Terms of Sale
Important information about buying from this website
In this document the following words shall have the following meanings:
1.1 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.2 “Customer” means any person who purchases Goods and Services from the Supplier;
1.3 “Goods” means the articles specified in the Proposal;
1.4 “Proposal” means a statement of work, quotation or other similar document describing the Goods and Services to be provided by the Supplier;
1.5 “Services” means the services specified in the Proposal;
1.6 “Supplier” means GardenLife Products Ltd of 684 Old Dalkeith rd, Edinburgh EH22 1RR;
1.7 “Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
2.1 These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer.
3 The order
3.1 Any offers and quotes attached to these Terms and Conditions shall remain valid for a period of 30 days.
3.2 The Customer shall be deemed to have accepted any offers and / or quotes by placing an order with the Supplier (“the Order”) within the period specified in Clause 3.1.
3.3 All Orders for Goods and Services shall be deemed to be acceptance of the quote pursuant to these Terms and Conditions.
4 Price and payment
4.1 The price for the Goods and Services is as specified in the Proposal and is inclusive of VAT and any applicable charges outlined in the Proposal.
4.2 Payment of the price shall be in the manner specified in the Proposal.
5.1 Average delivery time on our standard buildings is 3-5 weeks from confirmed order.The date of delivery specified by the Supplier is however an estimate only. Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the goods. 5.2 All risk in the Goods shall pass to the Customer upon delivery.
6 Payment and title
Payment for our cabins needs to be made on order in full and receipt of said payment shall be seen as confirmation of order. In certain circumstances a part payment deposit can be agreed but in all instances full payment must be received prior to delivery.
Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.
7 Customer’s obligations
To enable the Supplier to perform its obligations the Customer shall:
7.1 co-operate with the Supplier;
7.2 provide the Supplier with any information reasonably required by the Supplier;
7.3 obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer; and
7.4 comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
8 Supplier’s obligations
8.1 The Supplier warrants that the Goods will at the time of delivery correspond to the description given by the Supplier.
8.2 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
8.3 The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects.
8.4 In addition to the Customer’s statutory rights, the Supplier guarantees all components parts for a period of 5 years from the date of delivery as per manufacturer’s warranty.
8.5 The Supplier provides the following guarantee(s) in relation to building constructions undertaken by GardenLife. 12 month workmanship.
9 Cancellations and refunds
9.1 Where the Goods are faulty or do not comply with any of the contract, the Customer must notify the Supplier within 7 days of delivery and the Customer shall be entitled to replacement parts.
9.2 The Customer may cancel an Order by notifying the Supplier in writing at the address above within 7 days of placing an Order and any deposit paid will be refunded in full. The customer may also cancel an order within seven days of delivery if all packaging is intact as per condition on delivery. GardenLife in this instance reserve the right to charge for recollection at cost from our hauliers. This fee will be deducted from any refunds due.
9.3 If the Customer fails to cancel the order within the time specified in Clause 9.2 any deposit paid may not be returnable. Bespoke cabins made especially for individual customers can only be cancelled prior to manufacture. A seven day cancellation period applies from confirmation of order but no cancellation policy will apply after delivery.
10 Limitation of liability
10.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
10.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
10.3 For the avoidance of doubt, time shall not be of the essence and the Supplier shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
11 Force majeure
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
13 Governing law
These Terms and Conditions shall be governed by and construed in accordance with the law of the United Kingdom.
14 . Log cabins
Log buildings are constructed from a natural product ( ie timber) and consequently subject to certain natural processes such as splits and shakes in the timber. These splits and shakes can occur as buildings dry out and settle. These splits and shakes do not effect the structural integrity of buildings and are a normal occurrence in these type of buildings. Consequently the supplier cannot guarantee splits and shakes will not occur . Splits and shakes in timber are not deemed to be defects and individual pieces cannot be deemed to be faulty.All timber pieces for our cabins will be supplied supplied kiln dried but untreated. The exception to this will be the base bearers which will be supplied green pressure treated. All packaging for our products will be left with the customer unless otherwise agreed at time of sale. All log buildings must be treated with a preservative stain within three weeks of erection to ensure weather protection and prevent excess absorption of moisture. All packaging for our products will be left with the customer unless otherwise agreed at time of sale. Manufacturers guarantees will not be valid should suitable staining of buildings occur within this time frame.
9. Our details
Our business’s name is: GardenLife Products Ltd
Our VAT number is: GB 129217812
Our business address is: 684 Old Dalkieth Road, Edinburgh, Midlothian,Scotland, EH22 1RR
Our contact details can be found here