Last updated: 18/10/2024

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Terms and conditions of business between Hideaway Living Ltd and the Customer

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1. Definitions:

Agreement: The Order Form, Project Overview, Project Summary, Project Objectives, Project Scope, Optional Extras, Project Costs, Project Constraints, these Terms and Conditions, and any additional terms or modifications expressly agreed to in writing via email by both parties.

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Company: Hideaway Living Ltd, trading as Hideaway Garden Rooms.

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Customer: The person(s), firm, or company who purchases a Garden Building from the Company

Installation Site: The site specified by the Customer for installation of the Garden Building, as described in the Project Overview.

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Garden Building: The Garden Building specified in the Project Overview above (which for the avoidance of doubt shall not include any Optional Extras)

Structural Elements: Means the foundation, timber frame of the floor, roof and external walls of the building

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Non-Structural Elements: Means any parts of the Garden Building which are not either Structural Elements or Optional Extras, including (without limitation) all external or internal cladding, windows, and doors

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Optional Extras: The optional extras supplied by the Company or third parties, made available to the Customer and specified in the Order Form

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Order Confirmation: The order confirmation issued to the Customer following receipt of a signed Order Form and the requisite deposit

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Order Form: The order form accepted on the Company’s website, by email, in writing, or through any legally recognised electronic signature platform (such as Docusign or a scanned signed copy), confirming the Customer’s acceptance of these Terms.

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Property: The property within or upon which the Installation Site is located

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Terms: The terms and conditions set out below

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2. Basis of Sale

2.1. The Company will sell the Garden Building subject to these Terms.

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2.2. The Customer agrees that the Agreement constitutes the entire understanding between the parties hereto and that there are no representations, warranties, conditions, or terms (implied or otherwise) other than those specifically contained in the Agreement.

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2.3. Any advice or recommendation given by the Company or its employees or agents to the Customer or its employees or agents as to the Garden Building, which is not confirmed in writing by the Company, is followed or acted upon entirely at the Customer’s own risk. The Company shall not be liable for any such advice or recommendation which is not so confirmed.

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2.4. Any typographical, clerical, or other error or omission in the Order Confirmation invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.

 

2.5. In these Terms, reference to a statute or statutory provision includes a reference to it from time to time as amended, extended, or re-enacted.

 

2.6. The headings in the Agreement are for convenience only and shall not affect their interpretation.

 

2.7. In these Terms, where two or more individuals are included in the expression “the Customer,” any obligation provided by them shall be deemed to be made by such persons jointly and severally.

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3. Orders

3.1. All Order Forms will be formally accepted by the Company by the issue of an Order Confirmation. An Order Confirmation will only be issued following receipt of an Order Form together with the requisite deposit.

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3.2. If, for whatever reason, no formal Order Confirmation is issued by the Company, the Customer, in making a payment and accepting delivery and installation of the Garden Building, shall be bound by these Terms and Conditions.

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3.3. Once the Order Confirmation has been issued by the Company to the Customer, it may only be cancelled or the installation date deferred with the written agreement of the Company, signed by a director, and on the condition that the Customer indemnifies the Company for all costs incurred as a result of the cancellation or deferral, including labour, materials, and any other charges and expenses.

 

4. Customer Warranties

The Customer warrants that:

 

4.1. The Company will have unrestricted access to an adequate supply of electricity at all times during the installation at the Property.

 

4.2. It will grant the Company suitable access to the Property at all times until payment in full has been made.

 

4.3. The Company will have unrestricted access to toilet facilities and shelter at all times during the installation at the Property or will be given enough space on the Property to install temporary portable welfare units.

 

4.4. The Company will have access to at least two parking spaces as close to the Installation Site as possible for the duration of the project. If it is necessary to use paid parking to complete the work at your property, an amount to cover these charges will be added to your final cost.

 

4.5. The Installation Site and any access routes to the Installation Site have the capacity to support a maximum load of 7.5 tonnes.

 

4.6. The Installation Site is accessible and free from any dangers. In particular, the Installation Site is sound, level, and free from any obstructions.

 

4.7. The Garden Building dimensions detailed in the Order Form have been checked and confirmed, as well as the position of the Garden Building at the Property.

 

4.8. It is the proprietor of the Property.

 

4.9. It has obtained all required consents for the installation of the Garden Building, including (without limitation):

 

4.9.1. Consent from any mortgagee or chargee of the Property;

 

4.9.2. Consent or planning permission from any local or public authority.

 

4.10. The Installation Site has not been subject to subsidence, landslip, or land heave.

 

4.11. The installation of the Garden Building does not contravene any planning or other regulation or legislation.

 

The Customer hereby agrees at all times to keep the Company indemnified against all claims, costs, demands, and liabilities arising as a result of the Customer’s breach of any warranty in this Clause 3, including (without limitation) the costs incurred by the Company as a result of any delay whilst such consents are obtained.

 

5. Installation

​5.1. The Garden Building shall be installed by the Company at the Property unless otherwise agreed in writing. For the avoidance of any doubt, the Garden Building is installed as an empty unit.

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5.2. Any date specified by the Company in the Order Form for the installation of the Garden Building is approximate only and will be confirmed by the Company at least 5 working days before installation. This date shall not be made of the essence by virtue of this confirmation. Where no dates are specified, installation will be within a reasonable time. Subject to the other provisions of these Terms, the Company will not be liable for any loss, costs, damages, charges, or expenses caused directly or indirectly by any delay in the delivery or in the actual installation of the building, nor will delay in installation entitle the Customer to terminate or rescind the Agreement. Any liability of the Company for non-delivery of the Garden Building shall be limited to refunding the deposit (if any).

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5.3. The Company shall use all reasonable endeavours not to cause damage to the Customer’s property and shall make good any damage caused, excluding damage to the lawn or plants around and on the pathway to the Installation Site.

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5.4. If, in the reasonable opinion of the Company, the Installation Site is not accessible or does not otherwise comply with Clause 3, the Company may, without limiting its rights and in its absolute discretion, defer installation to a later date, subject always to the Customer indemnifying the Company for all additional costs incurred due to such deferment. Alternatively, the Company may cancel the Agreement with immediate effect, whereupon the Customer’s deposit will be returned less an amount in respect of all the Company’s charges and expenses in connection with the Agreement up to the time of such cancellation.

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5.5. It is the Company’s responsibility to install the Garden Building’s foundation. It is the responsibility of the Customer to ensure that the Company is informed about underground pipes, cables, and other possible installations installed up to 5 metres from the surface that could prevent the Company from performing the installation.

 

5.6. It is the Company’s responsibility to arrange for a qualified electrician to connect the Garden Building to the Customer’s electricity supply. For the avoidance of doubt, notwithstanding that the Company may have agreed, at an additional cost, to lay or install cables or conducting media between the Garden Building and the mains supply, the Company shall have no liability for ensuring the adequacy of such mains supply or for ensuring that the Garden Building complies with the Electricity at Work Regulations 1989 (or equivalent legislation). Any work required to make good a defective mains supply shall be at the Customer’s sole cost and expense, and the Company shall be entitled to charge additional sums for any work performed over and above the electrical works agreed in the Agreement.

 

5.7. The Company shall not be liable for any defect in the installation caused by the Customer or any third party, including the Customer’s builder, electrician, or otherwise.

 

5.8. The Company reserves the right to use its own discretion to cancel installation and charge for any materials or labour expended in the case of a faulty or dangerous installation site or dangerous access to the Property.

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6. Company Warranty

6.1. The Company warrants that for a period of 12 months from the date of handover of keys or receipt of the final payment, whichever occurs earlier, the Structural Elements of the Garden Building shall be free from significant defects. Should any defect arise during this period, the Company shall remedy the defect as soon as reasonably practicable after being notified in writing of the defect by the Customer. This warranty does not cover natural wear and tear, misuse, or damage caused by Customer error, negligence, or failure to maintain the building as instructed by the Company.

 

6.2. Non-structural warranties will be in line with the manufacturer or supplier's guidelines. For example, window and door frames, roof coverings, and other non-structural components will have warranties dependent on their respective supplier’s terms.

 

6.3. The Company will pass on any relevant supplier or manufacturer warranties for non-structural components, as stated above.

 

6.4. Cosmetic defects, such as scratches, dents, or scuffs, must be reported to the Company within 7 days of installation. Electrical faults must be reported within 12 months.

 

6.5. The Company shall not be liable for any non-compliance of any part of the Garden Building or the Property with Building Regulations.

 

6.6. The Company shall not be liable for the installation of any third-party services or equipment not installed by the Company itself.

 

6.7. This warranty is for the original Customer and is non-transferable.

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7. Payment Terms

7.1. Deposit: A £750 deposit is required to secure your installation dates. This deposit is refundable up to 3 months before the agreed installation start date.

 

7.2. Stage Payments:

• 35% of the total cost is due 4 weeks before the installation start date.

• 25% of the total cost is payable at the end of Day 1 of installation.

• 30% of the total cost is due when the project is ready for second fix (including skirtings, flooring, painting, etc.).

• Final Payment: The remaining 10% of the total cost (less the initial £750 deposit) is due upon handover of the completed project and keys.

 

Please note that all payments must be made in full before progressing to the next stage of installation.

 

7.3. Late Payment: If the Customer fails to make any payment on the due date, the Company reserves the right to:

• Charge interest on the overdue amount at the rate of 4% per annum above the Bank of England base rate until payment is made in full; and/or

• Suspend further work or deliveries under the Agreement until payment is received.

 

7.4. Final Payment: The Customer must make the final payment promptly upon completion of the Garden Building. Full payment is required before the handover of keys and any relevant documentation.

 

7.5. Payment Method: Payments can be made via bank transfer, or other agreed methods. Details will be provided on the invoice.

 

7.6. Ownership: The Garden Building remains the property of the Company until full payment has been received. The Company reserves the right to remove the Garden Building from the Property if payment is not made in full within 30 days of completion.

 

7.7. VAT: If applicable, VAT will be charged at the prevailing rate unless otherwise stated.

 

7.8. Refunds and Adjustments: Any refund or adjustment will be processed at the discretion of the Company and in accordance with UK consumer protection laws.​