Terms & Conditions
The Terms of Use, Privacy & Cookie Policy and Trading Terms set out the basis on which you use this Website.
TERMS OF USE
These terms of use govern your use of this Website. These website terms of use have been provided and, approved by the solicitors at legal documents resource DIY Legals. Please read these terms in full before you use this Website. If you do not accept these terms of use, please do not use this Website. Your continued use of this Website confirms your acceptance of these terms.
1. WEBSITE ACCESS
1.1 It is not necessary to register with us in order to use most parts of this Website. However, particular areas of this Website will only be accessible only if you have registered.
2. USE OF WEBSITE
2.1 This Website may be used for your own private purposes and in accordance with these terms of use.
2.2 You may print and download material from this Website provided that you do not modify or reproduce any content without our prior written consent.
3. SITE UPTIME
3.2 Where possible we always try to give advance warning of maintenance issues that may result in Website downtime but we shall not be obliged to provide such notice.
4. VISITOR PROVIDED MATERIAL
4.1 Any material that a visitor to this Website sends or posts to this Website shall be considered non-proprietary and non-confidential. We shall be entitled to copy, disclose, distribute or use for such other purpose as we deem appropriate all material provided to us, with the exception of personal information, the use of which is covered under our Privacy & Cookie Policy.
4.2 When using this Website you shall not post or send to or from this Website any material:
(a) for which you have not obtained all necessary consents;
(b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
(c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
4.3 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 1.7.
5. LINKS TO AND FROM OTHER WEBSITES
5.1 Throughout this Website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this Website you do so at your own risk.
5.2 Any party wishing to link to this Website is entitled to do so provided that the conditions below are observed:
(a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
(b) you do not misrepresent your relationship with this Website; and
(c) the website from which you link to this Website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
5.3 By linking to this Website in breach of clause 5.2 you shall indemnify us for any loss or damage suffered to this Website as a result of such linking.
6. DISCLAIMER
6.1 Whilst we do take all reasonable steps to make sure that the information on this Website is up to date and accurate at all times we do not guarantee that all material is accurate and, or up to date.
6.2 All material contained on this Website is provided without any or warranty of any kind. You use the material on this Website at your own discretion.
7. EXCLUSION OF LIABILITY
7.1 We do not accept liability for any loss or damage that you suffer as a result of using this Website.
7.2 Nothing in these Terms of Use shall exclude or limit liability for death or personal injury caused by negligence which cannot be excluded or under the law of the United Kingdom.
8. LAW AND JURISDICTION
8.1 These Terms of Use are governed by English law. Any dispute arising in connection with these terms of use shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
9. OUR DETAILS
Our Limited UK Reg No: 4146424
Our place of registration is: England and Wales
Our registered office address is: 7 Lynwood Court, Priestlands, Priestlands Place, Lymington, SO41 9GA
Our contact details are: info@timeinthegarden.co.uk
PRIVACY & COOKIE POLICY
1. WEBSITE PRIVACY POLICY
1.1 This Privacy & Cookie Policy sets out how Broomhill Garden Buildings uses and protects any information that you give Broomhill Garden Buildings when you use this Website.
1.2 Broomhill Garden Buildings is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this Website, then you can be assured that it will only be used in accordance with this privacy statement.
1.3 Broomhill Garden Buildings may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.
2. INFORMATION WE MAY COLLECT FROM YOU
2.1 We may collect and process the following data about you:
(a) information you provide when carrying out transactions through our website.
(b) information you provide when filling out forms on our website, including but not limited to registration forms, enquiry forms, mailing list subscription forms, or contact request forms.
(c) information you provide when contacting us, for example to report a problem or to request a further service.
(d) details of your visits to our website, including but not limited to location, demographic data, preferences and interests.
3. WHAT DO WE DO WITH THE INFORMATION WE GATHER
3.1 We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
(a) internal record keeping
(b) to improve our products and services
(c) to periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided
(d) to contact you for market research purposes from time to time by email, phone or mail. We may use the information gathered to customise the Website according to your interests.
4. SECURITY
4.1 We are committed to ensuring that your information is secure. To prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
5. LINKS TO OTHER WEBSITES
5.1 Our Website may contain links to other websites of interest. However, once you have used these links to leave our Website, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
6. CONTROLLING YOUR PERSONAL INFORMATION
6.1 You may choose to restrict the collection or use of your personal information in the following ways:
(a) whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes.
(b) if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to us or emailing us.
6.2 We will not sell, distribute, or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
6.3 You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to us.
6.4 If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible. We will promptly correct any information found to be incorrect.
7. COOKIES
7.1 The EU have stated that websites must: (1) tell visitors that their site uses cookies, (2) explain what the cookies do and (3) obtain your consent to use cookies saved on to your computer. We have provided the information below so you can make an informed decision about the cookies used on this site and given you details, if you want to refuse consent, about how to delete and block cookies from this site by using the comprehensive cookie management facilities provided with popular browsers.
7.2 A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie remembers information about your general internet usage. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
7.3 Cookies are not viruses and they cannot scan your system or search your computer for private information.
7.4 We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website to tailor it to customer needs. We only use this information for statistical analysis purposes, the data is then removed from the system.
7.5 Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not.
7.6 You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
8. COOKIES USED ON OUR WEBSITE
8.1 Google Analytics (first party cookies)
We use Google Analytics which is a service provided by Google to help millions of website owners like us. Google collects anonymous data for its Analytics service (i.e. they do not capture your name, contact details or billing information). They do this by using cookies to track visitor interactions. These “first-party cookies” (so called because they are placed by this site) are used to store information, such as what time the current visit occurred, whether the visitor has been to the site before, and what site or search referred the visitor to the web page. We use the analytics data Google provide to us to help us improve our website and the services we provide to our customers. However, if you are unhappy about this, Google provide a facility for you to opt of being tracked by Google Analytics here: http://tools.google.com/dlpage/gaoptout.
8.2 Social Media plug-ins (third-party cookies)
In the last few years the Internet has become increasingly social. It is no longer just about searching for information. People want to share what they are doing with their friends and love to tell them if they find something interesting or useful. We use a few plug-ins and tools on our site that aim to make it more interesting for you as a visitor (such as a map to show where something is located) as well as help you to share anything you find useful with your friends (such as with the Facebook Like button). Most of these plug-ins use cookies. They are called third-party cookies because they come from another site.
9. HOW TO STOP COOKIES BEING SAVED ON YOUR COMPUTER
9.1 As we have said above, cookies are used on this site to make the site work better both for you and for us. We are committed to using cookies responsibly. However, you can configure your browser to block all cookies for all sites or just from the sites you are concerned about.
9.2 To help you do that, we have provided links below to help pages showing how to manage and delete cookies for popular browsers:
Internet Explorer
Firefox
Google Chrome
Safari 5
Opera
TRADING TERMS
The terms within these Trading Terms apply to all transactions for the purchase of products and services from this Website.
1. DEFINITIONS USED IN THESE TRADING TERMS
(a) “Goods”: the products that we are selling to you (or any part of them) as set out in the Order
(b) “Order”: your order for the Goods as set out in the order confirmation
(c) “Specification”: the specification for the Goods, including any related plans and drawings, that is agreed between us, subject to any qualification or representation contained on this Website or in other documents
2. OUR CONTRACT WITH YOU
2.2 We consider that these terms and any special terms set out in the Order constitute the whole agreement between you and us. Any variation of the terms must be agreed between us in writing.
2.3 Any samples, drawings or advertising we issue, and any illustrations contained on this Website or in other documents are produced solely to provide you with an approximate idea of the Goods they describe.
2.4 If any of these terms are inconsistent with any term of the Order, the Order shall prevail.
2.5 The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
2.6 You may within 7 working days of placing an Order amend or cancel an Order by notifying us in writing. If you amend or cancel an Order, your liability to us shall be a payment to us of the costs we reasonably incur in fulfilling the Order until we receive notice of your amendment or cancellation.
3. THE GOODS
3.1 We warrant that on delivery, the Goods shall:
(a) conform in all material respects with their description as set out in the Specification
(b) be of satisfactory quality
(c) be fit for any purpose we say the Goods are fit for or for any reasonable purchase for which you use the Goods (and if you are unsure as to whether the Goods are suitable for your intended purpose please discuss this with us when making your Order)
(d) be free from material defects in design, material and workmanship; and
(e) comply with all applicable statutory and regulatory requirements
3.2 Any warranties do not apply:
(a) To any defects in the Goods arising from fair wear and tear (including but not limited to storm damage), wilful damage, accident, negligence by you or any third party or where such defect is caused by defects in the groundworks or base which supports the Goods
(b) if you use the Goods in a way we do not recommend
(c) if you fail to follow our instructions on the maintenance of the Goods as set out in the maintenance sheet
(d) if you do not notify us of any warranty claim within a reasonable time of discovering the fault or damage
(e) if you do not allow us to inspect the Goods to view the fault
(f) to any alteration or repair you carry out without prior written approval (except where the alteration or repair is carried out in accordance with the maintenance sheet)
3.3 The Goods are constructed from timber which is a natural organic material and which may move, split, shrink or leach and on which knot stains may naturally occur over time. Consequently, these warranties do not apply to any such natural movement of the timber except where this has been caused by our breach of these conditions or by our negligence.
3.4 These terms apply to any repaired or replacement Goods we supply to you in the unlikely event the original Goods are faulty or do not otherwise conform with these terms.
4. PRICES AND PAYMENT FOR THE GOODS
4.1 The price of the Goods will be as set out in the Order. Prices are liable to change at any time, but price changes will not affect Orders that we have confirmed in writing.
4.2 All prices are in pounds (£) sterling, inclusive of VAT.
4.3 Payment must be made in full when submitting the Order to us.
4.4 In the unlikely event that the price of Goods has been displayed incorrectly on our Website, we will contact you to ask whether you wish to proceed at the correct price. If you do not wish to proceed, or we are unable to contact you to confirm, we will cancel the Order. Unless your Order has been dispatched, we will not be obliged to supply Goods at the incorrect price.
5. DELIVERY OF THE GOODS
5.1 Delivery lead times are always an approximation. These can be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay. We are not liable for any losses that arise from delayed deliveries.
5.2 Delivery costs are included in the prices listed on this Website. If a bespoke building is priced via our 3D Configurator, delivery costs will be included as long as they are not removed at this stage.
5.3 Your log cabin will be delivered by articulated lorry. Delivery lorries are equipped with Moffat Mounty / Kooi fork lift trucks. It is your responsibility to ensure that the delivery site is connected to adopted highways and roads and is accessible to the delivery vehicle. The delivery driver has the ultimate decision regarding the offloading site and whether it is practical to make the delivery. We shall not be liable for any failure to deliver the Goods where the delivery site is inaccessible. In the unlikely event delivery is not possible to the specified site, the Goods will be offloaded as close as is possible. Moving the Goods will then be your responsibility.
5.4 We cannot take any responsibility for damage caused in the process of delivering and offloading the Goods.
6. OWNERSHIP AND RESPONSIBILITY FOR THE GOODS
6.1 The Goods will be your responsibility from the time of delivery and you will bear the risk of any loss, damage, destruction or theft of the Goods except where it is caused by our breach of these terms or our negligence.
7. OUR LIABILITY TO YOU
7.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms 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.
7.2 We accept no liability for any business loss, including loss of profit, loss of business, business interruption or loss of business opportunity.
7.3 We do exclude or limit in any way our liability for:
(a) death or personal injury caused by our negligence
(b) fraud or fraudulent misrepresentation
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession)
(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples)
(e) defective products under the Consumer Protection Act 1987
8. YOUR OBLIGATION TO US
8.1 You are responsible for obtaining all necessary consents, licenses and permissions required for the installation of the Goods (including but not limited to planning permission) and we will not be liable for any failure by you to obtain any consents which are required for the installation of the Goods at the delivery site. We are under no obligation to enquire as to whether or not you have obtained all necessary consents for the installation of the Goods.
9. EVENTS OUTSIDE OUR CONTROL
9.1 We will not be liable or responsible for our failure to perform, or delay in performance of, any of our obligations under these terms that Is caused by a events outside our reasonable control (a “Force Majeure Event”).
9.2 A Force Majeure Event includes any act, event, non-occurrence, 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 of 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 or pandemic / epidemic.
9.3 Our obligations under these terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these terms can be performed despite the Force Majeure Event.
10. TRANSFER OF RIGHTS AND OBLIGATIONS
10.1 We may transfer our rights and obligations under these terms to another organisation, and we will always notify you in writing if this happens but this will not affect your rights or our obligations under these terms.
10.2 You may transfer the benefit of the warranties in clause 3 to any purchaser of your property. You may only transfer your other rights and obligations under these terms to another person if we agree in writing.
11. HOW WE MAY USE YOUR PERSONAL INFORMATION
11.1 We will use the personal information you provide to us to provide the Goods, process your payment for the Goods and inform you about similar products or services that we provide (but you may stop receiving these communications at any time by contacting us). We will not give your personal data to any third party without your consent.
12. GENERAL
12.1 References to “in writing” in these terms includes email and letter.
12.2 We have the right to revise and amend these terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. You will be subject to the policies and terms in force at the time that your order the Goods from us, unless any change to those policies or these terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
12.3 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of the clauses of these terms are invalid, unlawful or unenforceable, the remain in clauses remain in full force and effect to the fullest extent permitted by law.
12.4 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do not waive a default by you, that will not mean we automatically waive any subsequent default by you. No waiver by us of any of these terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
12.5 A person who is not party to these terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
12.6 These terms shall be governed by English law and we both agree to the exclusive jurisdiction of the courts in England and Wales. We do not accept orders from addresses outside mainland Britain unless otherwise agreed.
13. HOW TO CONTACT US
13.1 If you wish to contact us in writing, or if any clause in these Terms requires you to contact us in writing, you can send this to us by email to info@timeinthegarden.co.uk, by hand or by pre-paid post to Time in the Garden, Stewarts Garden Lands, Lyndhurst Road, Christchurch, BH23 4SA. If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide us in the Order.