These are the terms and conditions on which we supply Products to you. Please read these Conditions before you submit your order with us.  

1. Definitions

In this document the following words shall have the following meanings:

1.1 “Buyer” means the organisation or person who buys Products from the Seller; and

1.2 “Seller” means Backyard Cabins; and

1.3 “Delivery date” means the date specified by the Seller when the goods are to be delivered; and

1.4 “Price” means the price set out by the Seller; and

1.5 “Products” The articles to be supplied to the Buyer by the Seller; and

1.6 “Conditions” means the terms and conditions of the sale set out in this document and any special terms and conditions agreed in writing by the Seller.

2. About the Seller

2.1 We are a partnership of Nicholas Smith and Matthew Kift.

2.2 The partnership has been registered in the United Kingdom and has been issued with the unique tax reference number 357 725 689.

2.3 We are yet to reach the UK VAT threshold, so we do have not currently obtained a VAT number.

2.4 You can contact the Seller via email, post or telephone.

Email – hello@backyardcabins.co.uk

Telephone - +44 7824 829624

Postal Address – Unit 2 Uffcott Farm, Uffcott, Wiltshire, SN4 9NB

3. General

 3.1 Nothing in these Conditions shall affect the statutory rights of the Buyer.

3.2 Any advice, recommendation or representation is given by the Seller, its employees or agents are acted upon entirely at the Buyers own risk.

3.3 All orders for Products shall be deemed conclusive evidence of the Buyers acceptance of these Conditions of Sale.

4. Products

4.1 Products may vary slightly from their online images. Although the Seller has made every effort to be as accurate as possible with the images used, Products may vary slightly.

4.2 All sizes, weights, capacities, dimensions and measurements advertised are subject to a reasonable level of variation.

4.3 All Products are made to order by the Seller. It is the responsibility of the Buyer to ensure that all measurements are accurate. If you need help or guidance with this, please contact the Seller.  

5. Buyers rights to make changes

5.1 Product changes. If the Buyer wishes to make a change to the Product ordered, please contact the Seller as soon as possible. The Seller will let you know if the change is possible and about any changes to the price of the Product, the timing of supply, or anything else which would be necessary as a result of the Buyers requested change. The Buyer will be asked to confirm whether they wish to go ahead with the change. We generally do not accept major changes if production has already commenced or minor changes later than 28 days prior to the agreed delivery date.

6. Sellers rights to make changes

6.1 The Seller may change the Product:

6.1.1 to reflect changes in regulatory requirements and any relevant laws; and

6.1.2 to implement minor technical adjustments and improvements, for example, to address a cosmetic issue (these changes will not affect your use of the Product).

6.2 More significant changes to the Products and these Conditions. In addition, as informed in the Product description and in our PDF Product information Pack, or on our website, we may make the changes to these Conditions or the Product, but if we do so, we will notify the Seller to obtain authorisation to execute these changes. It is the Sellers choice to decide whether they accept any significant changes. The Seller may decide to reject the changes, which may end the Contract of Sale. In this instance, the Seller will be entitled to receive a refund for the Product in full.

7. Delivering the Product

Delivery

7.1 The delivery cost is included within our Price unless otherwise stated.

7.2 Unless otherwise agreed in writing, delivery of the Product shall take place at the address specified by the Buyer on the date specified by the Seller. The Buyer shall make all arrangements necessary to take delivery of the Products.

7.3 Because our Products are made to order our manufacturing and delivery lead times vary throughout the year depending on demand. The lead times range mainly between 4 to 6 weeks from the point of order,

7.4 The date of the delivery specified by the Seller when placing the order is an estimation only. Time of the delivery shall not be the essence of the contract and while every reasonable effort will be made to comply with such date, compliance is not guaranteed, and the Buyer shall have no rights to damages or to cancel the order for failure for any cause to meet any delivery date stated.

7.5 Severe weather conditions. From time to time, severe weather conditions (heavy snow, strong winds, storms) may occur which may mean that we are unable to deliver and if applicable to begin work to install your Product. We will act as quickly as we are able to, to inform you and to reschedule the delivery and installation of the Product as soon as is reasonably practicable.

7.6 We require the Buyer to be present when we arrive to install the Product (not applicable to supply only). Once the installation team is settled the Buyer may choose to leave. However, we require the person whose name appears on the invoice to be present on completion of the installation as part of our sign-off procedure.

7.7 If no one is available at your address to take delivery we will leave you a note informing you of how to rearrange delivery. This will be subject to additional costs.

7.8 If after a failed delivery, you do not re-arrange delivery we will contact you for further instructions. Any additional costs incurred by us to make a return visit will be payable by the Buyer. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract.

Delivery Criteria

7.9 The base for delivery of the Product must be solid and on a flat surface. Access must be clear with a walkable route for two members of the Sellers installation team to comfortable carry larger items. The base must be a reasonable distance from the Sellers delivery trailer so that the Product can be carried to the site of installation.

7.10 The base for delivery must be within walking distance where the cabin will be erected.

7.11 Any height restrictions on the access route must be notified by the Buyer to the Seller via email to hello@backyardcabins.co.uk. This notification must be made within one week of placing the order.

7.12 Where access to the site of installation or the delivery base is through the Buyers property, it is the Buyers responsibility to protect the floors and walls of the property, to remove any fragile materials, and obstacles and to clear a path for the Sellers team.

7.13 Any parking restrictions or permits required must be obtained by the Buyer before the Sellers arrival. The Buyer must have in place all that is necessary to ensure legal and safe parking of the Sellers delivery vehicle/s.

7.14 If our installers, on arrival to your premises, deem the premises, (including the access route or site of base) be in a state that may carry risk to them or the Product, we reserve the right to deliver the Product to a safe point on or at the entrance of your premises without installation.

Final Product Location

7.15 The base where the Product will be erected must be level and on solid concrete unless otherwise specified on the invoice of sale. Any plants, rubble and/ or any other obstacles must be removed by the Buyer before the Seller arrives.

7.16 Where the final Product location is not clear of debris or is clear and ready for installation, the Sellers team will remove any obstacles and clear the area. This will be charged at a day rate of £250 per individual.

7.17 It is the Buyers responsibility to organise a qualified electrician to connect the electrics in the Product. The Buyer is to obtain any safety certificates directly with the electrician. The Seller takes no liability for faulty electrics in the entirety of the life of the Product.

8. Buyers rights to end the contract

8.1 The Buyers rights to end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

8.1.1 if what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the goods repaired or replaced or to get some or all of your money back); and

8.1.2 if you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2; and

8.1.3 in all other cases (if we are not at fault and there is no right to change your mind), see clause 8.3.

8.2 If the Buyer is ending the contract for a reason set out at 8.2.1 to 8.2.4, below, the contract will end immediately, and we will pay a refund to you for any Products which have not been provided or have not been provided properly. The reasons are:

8.2.1 the Seller has told you about an upcoming major change to the Product or these terms which you do not agree to; or

8.2.2 the Seller has told you about an error in the price or description of the Product you have ordered, and you do not wish to proceed; or

8.2.3 the Seller has suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons; or

8.2.4 the Buyer has a legal right to end the contract because of something the Seller has done wrong.

8.3 Ending the contract where the Seller is not at fault and there is no right to change your mind. The Buyer can still end the contract before it is completed but may have to pay the Seller compensation. A contract is completed when the Product is delivered and paid in full. If you want to end the contract before the order is completed, where the Seller is not at fault and you have changed your mind, contact us as soon as possible to let us know at sales@backyardcabins.co.uk. The contract will end, and we will refund any sums paid by you for Products not provided. Reasonable compensation for the net costs the Seller incurs as a result of cancelling your order and ending the contract. The Seller will deduct expenses from the Buyer for any work carried out or specialist materials that have been ordered for your Product order (or, if you have not made an advance payment, charge you). Warning. It must be noted that the Seller will often incur significant costs in performing obligations to the Buyer, this is due to each Product being made to order. If the Buyer ends the contract in the situations set out in clause 8.4.3, the Seller may receive little or no refund, or may even be asked to pay additional damages to the Seller to cover the net costs incurred.

8.4 When we the Seller pay the costs of return:

8.4.1 if the Product is faulty and cannot be repaired by the Seller; or

8.4.2 if you are ending the contract because the Seller has informed the Buyer of an upcoming change to the Product or these Conditions, an error in pricing or because you have a legal right to do so as a result of something, we have done wrong.

8.4.3 In all other circumstances (including where the Buyer is exercising their right to change their mind) the Buyer must pay the costs to the Seller for the work, parts, return and any other net costs incurred by the Seller in relation to the production of the Product.

9. Sellers rights to end the contract

9.1 The Seller may end the contract at any time by writing to you via email if:

9.1.1 the Buyer does not process payment when it is due; or

9.1.2 the Buyer does not, within a reasonable time of the Seller asking for it, provide information that is necessary to provide the Product; or

9.1.3 the Buyer does not, within a reasonable time, allow the Seller to deliver the Products; or

9.1.4 the Buyer does not, within a reasonable time, allow the Seller access to your premises to supply the services; or

9.1.5 materials to produce the Product is not available from the Sellers suppliers.

9.2 The Buyer must compensate the Seller if the Buyer breaks the contract. If the Seller ends the contract in the situations set out in clause 9.1, we will refund any money you have paid in advance for Products not provided, but the Seller will deduct or charge reasonable compensation for the net costs incurred as a result of the Buyer breaking the contract.

9.3 Warning. It must be noted that the Seller will often incur significant costs in performing obligations to the Buyer, this is due to each Product being made to order. If the Buyer ends the contract in the situations set out in clause 9.1, the Seller may receive little or no refund, or may even be asked to pay additional damages to the Seller to cover the net costs incurred.

9.4 The Seller may write to the Buyer to inform them that the Product is going to be withdrawn from the Sellers production line. The Seller will inform the Buyer in advance of stopping the supply of the Product and will offer an alternative Product in its place. If the alternative Product option is refused, the Seller will refund any sums you have paid for a Product that will not be provided.

9.5 The Seller reserves the right to cancel a Product order at any time. A full refund of any monies paid by the Buyer will be reimbursed.

10. If there is a problem with the Product

10.1 Customer service is important to the Seller. Unless otherwise agreed, the Seller will commence carrying out any repair works within 42 days of being notified. If the repair is considered to be detrimental to the Product the Seller will aim to carry out the repair within 21 days of being notified. However, at times of high demand, it is possible that the Seller will not commence repair in this period.

10.2 If you have any questions or complaints about the Product, please contact us. You can telephone our customer service team at +44 7824 829 624 or write via email to hello@backyardcabins.co.uk.

10.3 We are under a legal duty to supply Products that are in conformity with this contract. Nothing in these Conditions will affect your legal rights.

10.4 For detailed information on your key legal rights please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. Subject to certain exceptions, all Products will be as described, fit for purpose and of satisfactory quality. The Sellers Products are largely made from timber. Timber is a natural resource as such it expands and contracts according to weather conditions and may change colour over time.

11. Product Guarantee

11.1 Our guarantee provides you with protection against Product failure through normal use. As you would expect, our guarantee does not cover fair wear and tear or third-party damage. If a Product develops a fault within the guarantee period, then we will arrange for it to be repaired including any parts and labour required.

11.2 All of our Products are supplied with a 10-year guarantee.

11.3 Exclusions from our guarantee. Our guarantee does not cover:

11.3.1 any Product that is re-located; and/or

11.3.2 any Product that is installed on a base that does not meet our delivery criteria (all bases must be solid, of the correct size and within 6mm of level across the whole base).

11.3.3 When the Product installation is carried out by someone who is not part of the Sellers installation team and the erection of the Product was completed to a standard not deemed satisfactory by the Seller, thus causing the fault with the Product.

11.3.4 Variations to the Timber. Changes may occur in the Timber from piece to piece, it is common that timber may naturally discolour, expand, detract or misshape over time. This is due to the Siberian larch timber used to clad your Product being a natural product and each piece being unique. The timber may need treatment every few years to extend the life of the timber. This is to be completed by the Buyer at the expense of the Buyer.

11.4 You may not transfer the Product guarantee to a person who has acquired the Product.

12. Price and payment

12.1 The price of the Product will be the price agreed upon when you placed your order. Please note that all Product prices are subject to VAT charges and this will be added to the price unless specified by the Seller. No quotation is binding until an advance payment or full payment has been received by the Seller. The Seller will take all reasonable care to ensure that the price of Product advised to the Buyer is accurate.

12.2 It is possible that, despite the Sellers best efforts, some of the Products may be incorrectly priced. The Seller will normally check prices before accepting your order so that, where the Product's correct price the order date is less than the stated price at the order date, the Seller will charge the lower amount. If the Product's correct price at the order date is higher than the price stated, the Seller will contact the Seller for instructions before accepting the order. If the Seller accepts and processes your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by the Buyer as Product mispricing, the Seller may end the contract and refund the Buyer any sums paid.

12.3 When you must pay. At the time of placing a Product order, the Buyer must pay 60% of the total balance to start the production process. Any delays in processing the advance payment may affect the delivery time of the Product.

12.4 The balance of the invoice is due when the Product order is completed.

12.5 The Buyer should make any payments via BACS transfer. Account details and further information will be provided on your invoice copy.

12.6 If outstanding payment is delayed to the Seller and it passes the due date the Seller may charge interest to the Buyer on the overdue amount, at the rate of 4% a year above the base lending rate of the base rate of the Bank of England. 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. The Seller must pay the Buyer interest together with any overdue amount.

12.7 If the Buyer thinks there is a mistake with the invoice please contact the Seller promptly to let them know. Interest will not be charged until the invoice issue has been resolved.

13. Sellers responsibility for loss or damage suffered by the Buyer

13.1 If the Seller fails to comply with these Conditions, the Seller is responsible for loss or damage the Buyer suffers, that is a foreseeable result of the Seller breaking this contract or the Seller failing to use reasonable care and skill, but the Seller is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both the Seller and Buyer knew it might happen, for example, if you discussed it with us during the sales process.

13.2 The Seller does not exclude or limit in any way liability to the Buyer where it would be unlawful to do so. This includes liability for death or personal injury caused by the Sellers or Sellers team negligence; for fraud or fraudulent misrepresentation; for breach of the Buyers legal rights in relation to the Products including the right to receive Products which are: as described and match supporting information provided and any sample or model seen or examined by the Buyer; of satisfactory quality; supplied with reasonable skill and care and, where installed by the Buyer, correctly installed; and for defective products under the Consumer Protection Act 1987.

13.3 If the Seller is providing services at your property, they will make good any damage to the Buyers property caused. Please note that this clause is applicable to the final Product location only and where the Sellers team are working, not to the Buyers property in its entirety. Clause 7.12 is applicable for the delivery of the Product. The Seller is not responsible for the cost of repairing any pre-existing faults or damage to the Buyers property that is discovered by the Seller.

13.4 We supply Products for domestic and private use. If you use the products for any commercial, business or re-sale purpose the Seller will have no liability for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14. How the seller may use the Buyers personal information

14.1 We will use the personal information the Buyer provides to the Seller:

14.1.1 to supply the Products; and

14.1.2 to process your payment for the Products; and

14.1.3 if the Buyer agreed to this during the order process, inform the Buyer about similar products or accessories the Seller provides, but you may stop receiving these at any time by contacting us.

14.2 In the instance where the Seller may extend credit to you for the Products, the Seller may pass personal information to credit reference agencies and they may keep a record of any search that they do.

14.3 Third parties. The Seller will only give the Buyers personal information to third parties where the law either requires or allows us to do so.

15. Other important terms

15.1 The Seller may transfer their rights and obligations under these Conditions to another organisation.

15.2 This contract is between the Seller and the Buyer. No other person shall have any rights to enforce any of its terms, except someone the Buyer may pass the Product guarantee on to.

15.4 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.

15.5 If the Seller does not insist immediately that the Buyer does anything are required from them under these Conditions, or if there is a delay from the Seller in taking steps against the Buyer in respect of the Buyer breaking this contract, that will not mean that the Buyer does not have to do those things and it will not prevent the Seller taking steps against the Buyer at a later date.

15.6 These Conditions are governed by English law and you can bring legal proceedings in respect of the Products in the English courts.