Terms & Conditions Of Sale
Green Retreats Ltd | The Annex
The “Company” is Green Retreats Ltd (Company number 08305447), whose registered place of business is Hangar 4, Westcott Venture Park, Aylesbury, HP18 0XB.
The “Customer” is the person or firm who purchases the product or services from the Company.
The Annex is a trading name of Green Retreats Ltd.
The “Project Start Date” is the week commencing date agreed between the Company and the Customer for the commencement of works at the customer’s property and is stated on the Customer’s Sales Order.
- 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 will 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 require altering.
3.1. All prices stated on the Company’s website and literature include VAT at the current rate.
3.2. The Company adheres 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.
3.3. 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 by the Customer for longer than 90 days at which point any recent price changes may apply.
4.1. The Payment schedule for The Annex orders is as follows and as outlined on your Sales Order:
4.1.i. A non-refundable deposit of £2,000 on placing the order, prior to the submission of the Customer’s Planning Application
4.1.ii. Of the remaining balance, a full deposit of 60% is due 6 weeks before the commencement of the Project
4.1.iii. A stage payment of 30% is due on completion of the groundworks
4.1.iv. A final stage payment of 10% is due on completion of the installation
4.2. Failure to make payment on or before the due date may result in delays to the schedule of works and as such the Customer will be liable for any postponement fees as detailed in Section 8 of this contract.
4.3. 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 in full.
5.1. As all Products designed and manufactured by Green Retreats Ltd are made-to-order, to Customer specifications, they are exempt from cancellation rights once a contract has been confirmed between both parties.
5.2. The Customer may cancel without penalty before the due date of the full deposit but accepts that the initial payment of £2,000 is non-refundable and non-negotiable.
5.3. If the Customer cancels at any time within 6 weeks of the Project Commencement date, they will not be entitled to any refund of any balance paid to the Company.
5.4. If the Customer cancels an order once the base has been laid they will be liable for the total sales price in full unless an alternative agreement has been confirmed between the Customer and the Company.
5.5. The Company reserves the right to cancel an order at any time, for any reason. In the event of the Company cancelling an order, a full refund will be given to the Customer.
- 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 any deposit will remain on account with the Company. 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.
- PLANNING PERMISSION AND BUILDING CONTROL
7.1. The Company if asked to do so, will advise the Customer upon the requirements for planning permission, to the best of its ability and knowledge. The accuracy of such advice is not guaranteed.
7.2. The £2,000 deposit covers a Householder Planning Application only. Additional charges may apply for Full Planning Applications for Commercial properties, Flats or New Dwellings.
7.3. The Company makes no guarantee as to the outcome of any Planning Application it submits on behalf of the Customer.
7.4. In the event that Planning Permission is declined by the Local Planning Authority, both the Customer and the Company reserve the right to cancel the order. As per clause 4.1., the £2,000 deposit is non-refundable.
7.5. The Customer will be liable for any amendment fees incurred by any changes to product specification once the Planning Application has been submitted.
7.6. It is the Customer’s responsibility to ensure that any conditions of the Planning Permission are adhered to.
7.7. In the event that additional works are required in order to secure planning or building control approval, the Customer will indemnify the Company for any additional costs (including labour, materials and other consequential costs and charges) incurred as a result of any such additional works.
7.8. In the event that the local water supplier or any other similar body seeks to exercise statutory powers available to them, and (without limitation to that generality) requires any works to be carried out to relocate or otherwise alter any drain, sewer or item of water infrastructure, the Customer will indemnify the Company for any additional costs thereby incurred (including labour, materials and other consequential costs and charges, and including any consequential costs of variations to the proposed Garden Building installation works).
7.9. The Company accepts no liability with regards to the Local Planning Authority’s request(s) with regards to the Community Infrastructure Levy and any associated costs will be the responsibility of the Customer only.
- SCHEDULED DATES
8.1. The Company will always try to honour the estimated delivery/installation dates, 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, installation or completion of an order. The Company will not be held financially liable for return visits that may be required for any rectification works to the building.
8.3. Any time frames given to the Customer to suggest the duration of installation is an estimate only and do not form part of any contract. The Company will not guarantee to complete the installation of a building by any specified date or time.
8.4. The Company accepts no liability for any delays to installation dates caused by any delay in the receipt of any applicable Permissions.
8.5.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 and applied to the final invoice;
8.5.i. Within 14-6 days of the scheduled base installation date: 15% of the total sales price;
8.5.ii. Within 5 days of the scheduled base installation date: 30% of the total sales price;
8.5.iii. Any time after the base has been laid: 35% of the total sales price.
8.6. If the Customer cancels visits to install additional items such as Air Conditioning, Blinds, after a date has been confirmed, the Customer will be liable for any financial loss suffered by the Company as a result of the cancellation.
- 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. 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 and 9.2.
9.4. The Company will not deliver or install products through domestic buildings, over fences or other obstacles without prior consultation and written agreement.
9.5. Whilst every care is taken to avoid any damage to the Customer’s property, the Company cannot be held liable for unavoidable damage caused by the installation teams. The Customer accepts that some damage may be unavoidable, especially to access routes and the surrounding working areas.
9.6. We strongly recommend that garden landscaping is completed after the building has been installed to avoid any incidental damage.
9.7. The Company will install materials, fittings or appliances supplied by the Customer on a goodwill basis only. The Company will not be held liable for any damage to such items. No additional items will be fitted/installed unless agreed in writing on the Sales Order prior to the team visiting site.
9.8. The Company reserves the right to withdraw its employees or designated contractors from the 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 the 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 6 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.
9.11. The site survey completed at the time of sale is a visual inspection only and the Company cannot be held liable should any underground obstruction be discovered upon commencement of works.
9.12. The Company reserves the right to cancel or postpone any works should unforeseen circumstances arise that affect the Company’s ability to fulfil an order. In the event that the Company cancel the total installation of an order a full refund will be given to the Customer unless it is found that such unforeseen circumstances have been directly caused by the Customer.
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. No apertures or fittings for services not supplied by the Company will be made unless agreed and confirmed in writing on your Sales Order.
10.3. If an existing base has been used e.g. concrete slab, the Company cannot be held liable for subsidence or settlement issues.
10.4. Spoils created by the base team will not be removed from the site unless agreed in writing prior to the works commencing.
10.5. The Company will not be held liable for any issues with regards to the height of the building if the Customer has not levelled the site/ground in accordance with the Site Preparation Notes.
- ELECTRICAL WORKS
11.1. All electrical quotations are subject to a technical site survey.
11.2. Every effort is made to provide an accurate quotation for electrical works, however, the inspection of the Customer’s own armoured 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 is suitable. The Company cannot be held liable should the cable prove to be unsuitable or inadequate.
11.3. The Company 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 the Company is to complete the 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 10 metres of cable reaching the site. Unless otherwise stated on the Customer’s Sales Order, the Company 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.
11.6. Armoured electrical and Ethernet cables are always installed on the outside of the garden building, no armoured cable will be installed within the wall cavity.
11.7. No additional electrical work will be carried out by the Company or designated sub-contractors unless agreed in writing on the Sales Order prior to the team visiting site.
11.8. Electrical plans must be completed and confirmed by the customer before the installation commences, as all internal wiring is completed during the first fix. The Company accepts no liability for the position of electrical items where a plan has not been confirmed by the customer.
11.9. Where internal works are required in order to complete a connection, the Customer accepts that there may be a certain amount of unavoidable damage to internal fixtures and finishes, such as floorboards and skirting, when it is necessary to remove such items for the purpose of laying the electrical cable.
11.10. Green Retreats makes no guarantee as to the suitability of any WiFi powerline adapter, such as the TP HomePlug Solution. The liability of the Company for any Internet or Communications device or service will be limited to the value of that specific item only, as outlined on the Customer’s Invoice.
- YOUR GUARANTEE
12.1. The Annex 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)
Door and window manufacturing faults, including hinges and locks
External decking (rot, corrosion and structural faults)
Internal misting in double glazing
Internal linings and trim, including in kitchens and bathrooms, floor coverings, internal accessories, blinds
Electrical installations and appliances, including underfloor heating and air conditioning units
Electrical and network connections
12.2. All kitchen and bathroom appliances are covered by a manufacturer’s warranty. It is the Customer’s responsibility to activate all relevant warranties with the manufacturer.
12.3. No guarantee will be made by the Company 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 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. Superficial cracking of timber cladding is not covered under guarantee as timber is a natural product and it is not uncommon for small cracking to appear over time.
12.6. The Company guarantees 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.
12.7. 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.
12.8. Guarantee claims should be made to the main office on the discovery of a 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.
12.9. 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.
12.10. No guarantee will be made for materials, appliances or services supplied by the Customer to be installed by Green Retreats Ltd. Such items are installed on a good will basis only.
12.11. The Company’s liability shall not exceed the total purchase value of the of the Product and the taking of the steps it deems necessary to rectify any issues shall constitute an entire discharge of the Company’s liability under this warranty.
12.12. The Company shall not be deemed liable for subsidence to the garden room or of the surrounding installation site unless such subsidence is caused by the negligence of the Company during installation.
12.13. Any structural alteration made to the building by the Customer or a third party employed by the Customer will invalidate your guarantee and as such, any related remedial works will be chargeable as per clause 12.9.
12.14. The Company follows 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. Plaster cracking over 2mm wide is covered under your guarantee for a 1-year
12.15. 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.
- GROUND, GUTTER AND ROOF MAINTENANCE
13.1.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. This will also ensure that moisture cannot be trapped underneath the building.
13.2. Gutters and roofs should be inspected and cleared of all debris a minimum of twice a year.
13.3. 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.
13.4. 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 12.9).
14.1.Nothing contained in these Conditions shall be construed so as to limit or exclude the liability of the Company for death or personal injury as a result of the Company’s negligence or that of its employees or agents.
- CUSTOMER FINANCE AGREEMENTS
15.1. Green Retreats Ltd, Westcott Venture Park, Aylesbury, HP18 0XB acts as a credit broker and not the lender. Hitachi Capital (UK) PLC is the credit lender. Hitachi Capital (UK) PLC (Company number 1630491) is authorised and regulated by the Financial Conduct Authority. The Company is not liable for any financial service obtained through the credit lender.
15.2. Credit is available to UK residents only and is subject to application, status and lending criteria.
15.3. Application Criteria
In order to be eligible for consideration for finance, all Customers must:
(i) be 18 or older;
(ii) be in permanent paid employment (over 16 hours a week), retired and receiving a pension, be a house person with a partner in permanent paid employment or be self-employed;
(iii) be a UK resident (minimum of 12 months);
(iv) be able to provide acceptable proof of address and proof of signature;
(v) make payments by direct debit; and
(vi) be purchasing the Product for personal not business use.
15.4. Credit Applications are honoured for a period of 180 days from acceptance. Should the Customer opt for an installation date which takes place after this period they will be required to complete a new application.
15.5. The Customer must be present on the final day of the installation to sign the Customer Satisfaction Note. The product will remain the property of Green Retreats Ltd until this Satisfaction Note has been signed and returned to the Company.
15.6. The full deposit payment is due strictly 6 weeks before the scheduled installation date. Failure to pay the deposit could result in a delay to the installation date or, in some cases, cancellation of the order.
15.7. Changes to Finance Agreements as a result of order specification amendments are possible up to 180 days after the initial application agreement has been received by the Customer. The Customer will be responsible for completing the signing of an amended application.
15.8. Cancellation of a Finance Agreement with the credit lender does not constitute cancellation of the product order with the Company. All orders with Green Retreats Ltd are subject to cancellation and postponement charges, where applicable, in accordance with Sections 5 and 8 of this contract.