Terms and Conditions for the Supply, Lease and Rental of Goods
Terms and Conditions for the Supply, Lease and Rental of Goods
The following words are used in these Terms and Conditions and in any correspondence between us will have the following meaning:
1.1 Business Day: a weekday, excluding Saturdays, Sundays and public holidays.
1.2 Confirmation of Order: this is the confirmation in writing from Greendown Shepherd Huts to you, the Purchaser, in response to your request for a Quotation, detailing the Goods to be supplied, their Specification, total price together with an Invoice for the Deposit/First Instalment.
1.3 Contract: this is the Contract between you and Greendown Shepherd Huts Ltd, as set out in the Confirmation of Order, inclusive of these Terms and Conditions.
1.4 GSH, we, us: means Greendown Shepherd Huts Ltd (Company Number 10749700). Our, GSH, registered office address is 90 Lymore Avenue, Bath, United Kingdom, BA2 1AY.
1.5 Build slot deposit -This is a payment of £1,000 which places the customer into the production plan and provides a delivery month (Date TBC). This is also used as a gateway to allow GSH to attend a site visit at the customer’s property or where the hut will be sited. If the customer decides not to use GSH as their preferred builder, we will refund £750 to the customer, retaining £250 as payment for the site visit and any administration work. Should GSH decide that the delivery is not feasible, we have the right to retain the £250 at our discretion.
1.6 Hut Confirmation Payment: this is the payment invoice issued after the hut design, finishing touches and delivery date/week have been confirmed. A £5,000 hut confirmation payment will be invoiced to you, the customer, as a commitment from both the customer and GSH that the build has been finalised and agreed to the detail. This payment is only refundable if you, the customer, are pursuing a Glamping Exemption Certificate that is declined by your chosen glamping company and written confirmation of refusal clearly showing reasons for the rejection is provided to GSH. All other cancellations would be deemed the ‘customer’s choice’ and the Hut Confirmation Payment would be retained by GSH.
1.7 First Instalment: this is payment of 75% of the Purchase Price, payable to us when you accept our Confirmation of Order. All builds either purchase, finance or lease require a £1,000 build slot deposit, which is taken from the final balance payment.
1.8 Final Balance Payment: this is the final payment invoice which is payable prior to delivery on completion of the build.
1.9 Delivery Address: this is where we have agreed to deliver your Greendown Shepherd Hut to.
1.10 Goods: this means the Greendown Shepherd Hut that you have agreed to purchase, lease, or rent, as set out and specified in the Confirmation of Order and correspondence between us.
1.11 Purchase Price: this is the price for the Goods, as detailed in our Confirmation of Order, comprising of the Deposit/First Instalment and Second Instalment.
1.12 Purchaser: this means you, the individual or Company who has contracted to purchase, lease or rent the Goods from us. By placing an order with us for the purchase, lease or rental of Goods, you agree to enter into a legally binding Contract with GSH on the Terms and Conditions set out in this document.
1.13 Specification: this includes any written confirmation of Specification, including our website, drawings, written amendments to Specification, optional extras, and bespoke items that we fit and supply with the Goods.
1.14 Writing: The Confirmation of any Order, amendment to Specification or Price, or Terms and Conditions will be in writing, usually by email unless otherwise requested.
2.1 These Conditions set out the agreement between us, GSH, to the exclusion of any other terms, unless otherwise confirmed in writing between us.
2.2 These Terms and Conditions apply exclusively to the Contract between us.
2.3 You, the Purchaser, are responsible for ensuring that the Confirmation of Order and Specification are as agreed, and form the full and final basis of Contract between us.
2.4 The Contract represents the entire Agreement between the Purchaser and GSH.
3.1 GSH skilfully hand builds luxury outdoor living spaces via the sale and lease of bespoke shepherd huts.
3.2 The shepherd huts produced and provided by us, GSH, are crafted using sustainable European Oak at our Somerset-based workshop.
3.3 In addition to designing and building shepherd huts from our range, including the Herdsman, Herdwick and Double Hut, bespoke hut designs can be commissioned via our team of highly skilled joiners.
3.4 Bespoke huts are accessible with a wide selection of options and applications, which will be discussed with you, the Purchaser, prior to the placement of the order.
3.5 The use of oak and timber from FSC certified forests comes as standard across the GSH product range and bespoke commissions. The use of FSC certified timber ensures well managed stocks are supported.
3.6 As members of the Woodland Trust, GSH also commits to planting ten trees for every hut built to harness additional environmental benefits and reduce impact accordingly.
3.7 As described in the Specification and drawings. Any amendments or additions and attached costs will be by agreement and confirmed in writing.
3.8 GSH reserves the right to alter the Specification if statutory or regulatory changes require us to do so; we will inform you in writing should this occur.
4.1 The Goods will be delivered by us to you to the agreed Delivery Address unless you wish to collect the Goods from our workshop. If the customer arranges collection, GSH will not be liable for any damages to the build and will charge for any requested repair work.
4.2 Delivery shall not take place until Payment in full has been received by GSH.
4.3 The Goods shall be delivered (or collected) within 10 Business Days of us notifying you.
4.4 Delivery of the Goods will have been completed when the Goods are unloaded and located at the agreed Delivery Address.
4.5 The delivery date given by us to you in any correspondence shall be an estimate and you will be notified of a final delivery date during the construction process. Time shall not be regarded as ‘of the essence’.
4.6 Greendown Shepherd Huts Ltd will not be liable for any delay in delivery of the Goods due to causes beyond their control or due to force majeure.
4.7 If for whatever reason you are unable to take delivery of the Goods within 10 Business Days of our notification, other than due to force majeure or our non-compliance under the Contract, delivery shall be deemed to have taken place before the end of the 10th Business Day. Under these circumstances, GSH will hold and store the Goods until delivery takes place. You will be responsible for any holding costs (rent, insurance, cancellation and any other reasonable costs) that we may have. If you do not take Delivery of the Goods within 30 days of the delivery date we gave you notice of, then GSH may resell the Goods.
4.8 The delivery site must be accessible to a commercial vehicle with openings of no less than 3.5 metres. Vertical clearance of up to 4.7 metres will also be required. GSH will advise during the site visit of obstructions or changes that will require action by the customer to enable delivery. GSH will not be liable for damages to the hut that require repair if recommendations have not been carried out on site prior to delivery. The hut site should be clear, level, accessible and of sufficient hard standing to support both hut and towing delivery vehicle.
4.9 Payment for delivery is required as part of the Deposit/First Instalment and Second Instalment.
4.10 In the event of a lease or rental agreement, delivery of the Goods is charged to the Purchaser at a cost that is dependent on location (POA).
4.11 In the eventuality of GSH not being able to deliver the Goods due to unforeseen circumstances or force majeure, GSH has the right to charge for any additional costs incurred. Additional charges would also apply for any materials, logistics or insurance required to complete any scheduled delivery where unforeseen circumstances occur, or if necessary, a rearranged delivery.
4.12 In the event that a delivery cannot be completed on the scheduled day, and the delivery runs into a second day (due to unforeseen circumstances), all overnight accommodation, and expenses for GSH staff and its sub-contractors will be charged to the customer.
4.13 It is the customer’s responsibility to inform GSH 48 hours prior to the agreed delivery date of any issues that may impact the full delivery. GSH uses a third-party delivery company that may charge GSH for any losses of income. This charge will be passed onto the customer for payment where applicable.
4.14 Whilst deliveries may not require additional delivery items, GSH has the use of track matting to assist in the delivery of customer builds. Track matting would be used in the event of bridging holes or ruts in the ground, along with helping in the eventuality of towing across wet ground or gardens to minimise damage and assist delivery. If the use of track mats is deemed necessary by GSH, there will be a charge for the hire of this equipment. This figure would increase dramatically if there was a need to hire an industrial roll out road, which would be charged by the metre.
5.1 GSH warrants that, on delivery, the Goods shall match the Specification as described under “Goods”.
5.2 GSH warrants that, on delivery, the Goods shall be of satisfactory quality (as set out in the sale of Goods Act 1979).
5.3 GSH warrants that, on delivery, the Goods shall be free from material defects in design, composition and craftsmanship.
5.4 GSH Ltd will provide a 10 Year Limited Warranty that shall form part of these Terms and Conditions
5.5 Please note, this warranty does not extend to any damage resulting from neglect, failure to carry out routine maintenance and upkeep, improper use, adverse weather, exposure to corrosive materials, fair wear and tear, or damage caused by a third party.
5.6 During periods of prolonged extreme cold weather (when temperatures drop to 3 degrees Celsius or below), GSH advises that the heating within the build is left on at an ambient temperature if your Greendown Shepherd Hut is not in use. This will minimise any cold weather effects, including frost damage and/or water in your system becoming frozen and potentially causing damage to fixtures and fittings within the build. Pay particular attention to the bathroom, leaving the bathroom door open to allow warm air to circulate.
5.7 In the event of damage caused by frost, GSH will undertake assessment to determine the severity and decide if negligence was the cause. If we deem that the customer is at fault, GSH will offer to repair the damaged items but will charge accordingly to the customer.
5.8 As part of the build completion, GSH ensures each hut is LPG tested by a certified gas engineer prior to delivery. This ensures that water heaters/boilers are fitted correctly and are safe. It is the new owner’s responsibility to ensure that a retest is carried out at the hut’s new location by a qualified LPG gas engineer before use.
5.9 GSH fits items into builds that come with manufacturers’ warranties. The relevant paperwork for these items will be delivered with the Goods. It is the new owner’s responsibility to ensure that all warranties are validated as soon as possible. GSH will not be responsible for the replacement of items that are either not validated or out of warranty. GSH will of course supply details of the item and/or manufacturer to the Purchaser to assist with the reordering process. This however would be chargeable.
6.1 Any risk shall pass to you, the Purchaser, once Delivery has taken place.
6.2 Title in the Goods shall not pass to the Purchaser until delivery has taken place and Payment has been received in full.
7.1 The full Purchase Price will be set out in the Confirmation of Order.
7.2 The price will include any optional extras, the delivery cost and specify details of the First Instalment and the Second Instalment amounts.
7.3 The First Instalment, comprising of 75% of the Purchase Price, shall be payable 4 weeks prior to build commencement. If the time frame is less than 4 weeks, the First Instalment payment will be due immediately, otherwise the Contract will be void and the Purchase Price may be subject to amendment. The First Instalment is non-refundable. This does not affect your right to cancel the agreement – please refer to 14.1 Cancellation.
7.4 Any delay in paying the First Instalment of 75% could jeopardise the allocated build slot. This could also mean that the build slot and delivery date would have to be renegotiated and the price potentially affected due to rescheduling and material costs.
7.5 The Final Balance Payment, together with any additional cost variations as agreed between us, shall be payable within 5 Business Days of us issuing an Invoice for the residual amount to you.
7.6 Delivery of the Goods, as set out above, shall not take place until the Purchase Price has been paid in full to GSH.
7.7 GSH shall inform you of any increase in the price of the Goods due to any requested and agreed amendment to the Specification made by you.
7.8 GSH reserves the right to charge interest upon any overdue payments at the rate of 10% above the Base Rate (UK £). Interest will be calculated daily until payment (inclusive of amount outstanding and interest) is received.
8.1 In the event of a lease or rental agreement, there would be a minimum non-refundable deposit of £5,000 + vat (Single Door Herdsman), followed by 60 monthly payments of £998 plus vat and an end of term balloon payment of £18,000 plus vat (at the appropriate rate).
Please note that this is a representative example only. All quotes are subject to individual illustrations, which are available upon request.
8.2 Subsequent monthly repayments for the Goods, as specified in the Confirmation of Order, will be based on the cost of build (POA), with the payments varying as a result.
8.3 Delivery of Goods purchased via our lease or rental scheme is charged to you, the Purchaser, dependent on location. Again, this cost will be agreed on application (POA).
8.4 All builds either purchase, finance or lease require the payment of a £1,000 build slot deposit, which is taken from the final balance payment
9.1 GSH’s liability shall not be limited by anything in these Terms and Conditions for any injury caused by their negligence of their employees or agents or subcontractors; fraud or fraudulent misrepresentation; breach of terms implied by s12 of the Sale of Goods Act 1979 or defective products under the Consumer Protection Act 1987.
9.2 Subject to this, GSH shall not be liable to you for any loss or damage caused by breach of this Contract or any loss arising under this Contract that is not reasonably foreseeable.
9.3 GSH’s total liability to the Purchaser in respect of all other losses under this Contract shall not exceed the Purchase Price.
9.4 We are responsible to you for any foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for any loss or damage you suffer that is a foreseeable result of our breaking of this agreement or our failing to use reasonable care and skill.
9.5 We are not liable for any indirect losses or business losses. If you use the products for any commercial, business or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.6 Neither party shall be liable for any failure or delay in performing its obligations under this Contract due to “force majeure”, i.e. events, circumstances or causes deemed beyond our reasonable control.
9.7 GSH is not responsible for damage to gardens or surrounding areas that may need to be crossed or utilised during the delivery process at your chosen and agreed location. This includes gardens, lawns and shrubs etc. GSH will advise upon site inspection of any possible damage to such areas and take steps to limit damage within our control.
9.8 GSH has the right to refuse to deliver your build should any alterations take place after the site visit and prior to delivery that may hamper delivery. All planting of shrubs or erection of fencing etc. should be completed after the delivery of your build. If GSH must return to complete a delivery because of this, the customer will be charged an agreed fee.
9.9 GSH has the right to refuse delivery if the groundworks that have been carried out are not suitable for the build’s final resting place. GSH will instruct on groundwork requirements for the build’s final positioning during the site visit and in any supporting emails or specifications.
10.1 GSH provides additional support and aftercare to Purchasers, regardless of whether the build has been secured via purchase, finance or lease.
10.2 You, the Purchaser, can contact GSH Customer Services via email (email@example.com), telephone (0117 986 9685) or site visit at Zeal Green Business Park, Somerset, BS14 0QL. Please note, GSH opening hours are from 8.00am to 5.00pm.
Only those persons or organisations that are a party to the Contract shall have any right under or in connection to it.
12.1 GSH may assign, transfer or otherwise deal with all or any of their rights under these Terms and Conditions.
12.2 The Purchaser shall not assign, transfer or deal in any way with their rights under these Terms and Conditions, other than with the prior written consent of GSH, that consent not to be unreasonably withheld.
Other than as set out in these Terms and Conditions, any variation to the Contract, including the addition of additional Terms and Conditions, shall only be binding when agreed in writing by both parties.
14.1 You, the Purchaser, have the right to cancel your agreement with us under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 without giving any reason for doing so, provided you give GSH notice to cancel within 14 calendar days after your order has been placed with us.
14.2 Termination of your Contract with us should be provided in writing.
14.3 Upon cancellation under these Terms, GSH will refund any monies paid by you as soon as reasonably possible.
14.4 In any event, your refund will be processed within 14 days of receiving your written notice of cancellation.
14.5 If you give us notice to cancel your order after this period but prior to commencement of construction of the Goods, we will refund monies paid by you less 10% of the total net price specified on your Confirmation of Order.
14.6 If construction of Goods has already commenced, GSH will be unable to provide a refund.
This Contract is governed by English Law and subject to the exclusive jurisdiction of the courts of England and Wales.
16.1 – The figures generated by the calculator represent an illustration only and we recommend that you conduct your own due diligence as part of this investment process.
16.2 – GSH will not be liable for any ROI calculations that influences the customer’s decision to purchase.
16.3 – GSH strongly recommends that the purchaser refers to 16.1 and seeks the relevant professional advice based on the ROI illustrations in advance of any final decision to buy.
16.4 – The calculation does not include site works, transportation, or any other external fees
16.5 – The calculation does not include land cost. ROI calculations are purely based on the information inputted into calculator