Terms & Conditions
These are the terms and conditions on which we supply any of our products (including Log Cabins) (Cabins) and any of our services (including design, delivery and installation) (Services) listed on our website to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Cabins and Services. By placing an order, you agree to be bound by these terms and conditions.
You should keep a copy of these terms and conditions for future reference.
1. Information about us
1.1 We are Crossley Garden Buildings Limited, a company registered in England and Wales under company number 04520955 and with our registered office at 11A Holloway Drive, Wardley Industrial Estate, Worsley, Manchester M28 2LA. Our main trading address is 11A Holloway Drive, Wardley Industrial Estate, Worsley, Manchester M28 2LA. Our VAT number is 831793611.
2. Your Order
2.1 Due to the difficulties in delivery of our Cabins and Services overseas, we do not accept orders from addresses outside of Great Britain.
2.2 After placing an order, you will receive an acknowledgement. Please note that this does not mean that your order has been accepted. All orders are subject to acceptance by us, and we will confirm acceptance to you by sending you confirmation (Order Confirmation). The binding contract between us (Contract) will only be formed when we send you the Order Confirmation.
2.3 The images of our Cabins are for illustrative purposes only. Your Cabin may vary slightly from those images. We will try to be as accurate as possible, but timber is a natural product. In accordance with trade practice, all timber sizes are approximate and nominal. All dimensions and measurements have a [5%] tolerance. Timber is subject to movement and weathering as it seasons. Cracks or small splits (shakes) and knot holes can occur naturally, and they are not considered faults.
2.4 Most of our Cabins are made according to the measurements you provide to us. You can find information about how to measure the size of Cabins on our website, or by contacting us. Please make sure you measurements are correct. We cannot accept the return of made to measure Cabins if the reason for the return is because you provided us with incorrect measurements. This does not affect your legal rights as a consumer in relation to Cabins that are faulty or not as described.
3. Availability and delivery
3.1 Timescales for delivery and delivery charges vary depending on the availability of the ordered Cabin and your address. Most Cabins are ready to deliver within 30 days, but, for unusual Cabins or delivery addresses, delivery may take up to three months. We do not deliver to addresses outside of mainland Great Britain.
3.2 We will contact you with an estimated delivery date. Occasionally our delivery to you may be affected by an event outside of our control. See clause 14 for our responsibilities when this happens.
3.3 Delivery of the order is completed when we deliver the Cabin to the address you gave us, or you collect the Cabin from us.
3.4 If you have asked to collect a Cabin from our premises, you can do so at any time during our working hours. You must collect the Cabin within seven days of us notifying you that it is ready for collection. If you do not collect during that period we may charge you storage and insurance costs, and / or resell the Cabin.
3.5 If no one is available at your address to take delivery of the Cabin, or if your delivery address is not accessible to our 7.5 tonne delivery lorry, or if the site of the Cabin is not properly prepared, or it is difficult to access, we may charge you extra delivery costs. If you are in any doubt, please refer to the information on our website or contact us.
4. Risk and title
4.1 The Cabin will be your responsibility from the time of delivery.
4.2 Ownership of the Cabin will only pass to you when we receive full payment of all sums due in respect of the Cabin, including delivery and installation charges.
5. Our Services
5.1 If you have requested our installation services, we will try to complete the installation within a reasonable period, however, there may be delays due to events outside our control. See clause 14 for our responsibilities when this happens.
5.2 If you provide incomplete or inaccurate information, we may make an additional charge of a reasonable sum to cover any extra work that is required, and we will not be responsible for any delay or non-performance where you have not provided this information to us.
5.3 If you do not pay us for the Services when you are supposed to, we may suspend the Services with immediate effect until you have paid us the outstanding amounts (unless you have disputed the invoice in accordance with these terms). This does not affect our right to charge you interest on overdue amounts.
5.4 If we have designed the Cabin for you, we will own the copyright, design rights and all other intellectual property rights in the Cabin and any drafts, drawings or illustrations we make in connection with the Cabin for you.
6. Price and payment
6.1 The price of the Cabins and our Services will be as quoted, except in cases of obvious error. If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Cabin to you at the incorrect (lower) price.
6.2 Our prices include VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid in full before the change in VAT takes effect.
6.3 Our prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
6.4 If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of [Royal Bank of Scotland plc] from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest together with any overdue amount. If you dispute an invoice in good faith and contact us to let us know promptly, interest will not apply for the period of the dispute.
6.5 Buildings ordered through one of our Agents should be accompanied by a deposit of 25% payable to the Agent. The balance must be paid to Crossley Log Cabins Limited in full or upon delivery. If the customer is unavailable to pay on the day of delivery then prior arrangement for payment must be made before the building is delivered. Payment to the driver can be made by cash or cheque only. We accept most major credit/debit cards, details of which must be provided prior to delivery. Full payment is required with order for all special or non-standard buildings.
7. Our Guarantee
7.1 We guarantee to you that any Cabin purchased from us will, on delivery and for the following 12 months, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which Cabins of that kind are commonly supplied.
7.2 This guarantee does not apply to any defect in the Cabin arising from:
(a) fair wear and tear;
(b) wilful damage, accident, or negligence by you or by any third party;
(c) adverse weather conditions;
(d) if you fail to use or maintain the Cabin in accordance with any supplied instructions;
(e) any alteration or repair by you or by a third party who is not one of our authorised repairers;
(f) any specification provided by you;
(g) siting a Cabin in exposed positions; and
(h) failure to prepare the site in accordance with our recommendations.
7.3 You must notify us in writing if you wish to make a claim under our guarantee as soon as reasonably possible, and in any event within seven working days of discovery of the defect.
7.4 This guarantee is in addition to your legal rights in relation to goods that are faulty or not as described.
7.5 In the unlikely event that there is any defect with our Services, please contact us and tell us as soon as reasonably possible, giving us a reasonable opportunity to repair or fix any defect. This is in addition to your legal rights in relation to services not carried out with reasonable skill and care.
8. Cancellation of Orders
8.1 If you are contracting as a consumer, and ordering using our website, you will have the right to cancel a Contract for a Cabin within seven working days of delivery, provided that the Cabin was from our standard range.
8.2 If you are contracting as a consumer, and ordering using our website, you will have the right to cancel your order for our installation Services within seven working days of Order Confirmation, or if we agree that delivery is to take place before the expiry of seven working days of Order Confirmation, you may cancel up to the time we start to provide our Services.
8.3 To cancel a Contract, you must inform us in writing. If the Cabin has been delivered to you, you must also return the Cabin to us. If you prefer, we can arrange to collect the Cabin at your expense. You have a legal obligation to take reasonable care of the Cabin whilst it is in your possession.
8.4 If you are contracting as a consumer, and ordering using our website, and you cancel the Contract and comply with these terms, we will refund the cost of the Cabin (and / or the Services) less any collection costs. Less any reasonable or collection costs.
9. Our liability to a business
9.1 Subject to clause 11.2, if we fail to comply with these terms and conditions, we shall only be liable to you for the quoted price for the Cabin and Services.
9.2 Subject to clause 11.2, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories even if such losses result from our deliberate breach:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
However, this clause 9.2 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 9.2.
9.3 This clause 9 does not apply if you are contracting as a consumer. Please see clause 10.
10. Our liability to a consumer
10.1 If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the terms and conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this Contract.
10.2 We only supply the Product for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.3 If you are contracting as a business, this clause 10 does not apply. Please see clause 9.
11. Our Liability to all Customers
11.1 We will make good any damage to your property caused by us in the cause of installation or performance of our Services. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover in the course of installation and / or performance of Services by us.
11.2 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples);
(e) defective goods under the Consumer Protection Act 1987; and
(f) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
11.3 Please also note that you must check (and comply with) all applicable laws and regulations (including planning regulations) relating to the where the Cabin is installed. We do not promise that any Cabin will comply with local laws and regulations, and we will not be liable for any breach by you of any such laws.
12. Written communications
12.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12.2 All notices given by you to us must be given to us at the address above. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13. How we may use your Personal Information
13.1 We will use the personal information you provide to us to:
(a) Provide the Cabins and / or Services;
(b) Process your payments; and
(c) Inform you of similar products or services that we provide, but you may stop receiving these at any time by contacting us.
13.2 We will not give your personal data to any third party.
14. Events outside our control
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Event).
14.2 An Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government; and pandemic or epidemic.
14.3 Our performance under any Contract is deemed to be suspended for the period that the Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Event.
15. Other Important Terms
15.1 If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.2 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.3 We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
15.4 We may transfer our rights and obligations under these terms and conditions to another organisation, but that will not affect your rights or our obligations under this Contract.
15.5 We have the right to revise and amend these terms and conditions from time to time.
15.6 You will be subject to the policies and terms and conditions in force at the time that you order Cabins and / or Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Cabin).
15.7 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16. Law and jurisdiction
These terms are governed by English law. We both agree to submit to the exclusive jurisdiction of the English courts.