TERMS AND CONDITIONS FOR PURCHASE FROM BACKYARD CABINS
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 BackYard Cabins Limited is a private limited company registered in the United Kingdom.
2.2 The company has been issued with the unique tax reference number 357 725 689.
2.3 We have not yet reached the UK VAT threshold, so we have not currently obtained a VAT number. Should we reach the VAT threshold, VAT will be added to the price at the applicable rate in compliance with UK law. Any changes to VAT status will be communicated to the Buyer in writing, and VAT will apply from the date we become registered for VAT.
2.4 You can contact BackYard Cabins Limited 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 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 right to make changes
5.1 Requesting Changes to the Product
5.1.1 If the Buyer wishes to make a change to the Product ordered, they must notify the Seller In writing (via email to hello@backyardcabins.co.uk) as soon as possible.
5.1.2 The Seller will assess whether the requested change is feasible and inform the Buyer of any potential impact on:
5.1.2.1 The Price: Any additional costs associated with the requested change.
5.1.2.2 The Timeline: Adjustments to the delivery or production timeline.
5.1.2.3 Other Implications: Any other necessary modifications resulting from the requested change.
5.2 Procedure for Changes
5.2.1 The Seller will provide the Buyer with a written quotation outlining the implications of the requested change, including any additional costs and adjustments to timelines.
5.2.2 The Buyer must confirm in writing (via email) their acceptance of the revised quotation within 48 hours of receiving it.
5.2.3 If the Buyer does not confirm the acceptance of the change within this timeframe, the Seller reserves the right to proceed with the original agreed design and specifications.
5.3 Limitations on Changes
5.3.1 Changes requested within six (6) weeks of the cabin start date will be subject to additional charges due to the impact on planning, production, and detailed drawings.
5.3.2 No major changes (e.g., structural alterations, significant dimensional changes, or changes affecting the base design) will be accepted once production has commenced.
5.3.3 Minor changes (e.g., cosmetic adjustments) will not be accepted within 28 days of the agreed delivery date unless agreed upon at the Seller’s discretion and subject to additional charges.
5.4 Consequences of Late Changes
5.4.1 The Buyer acknowledges that any changes requested within six weeks of the cabin start date may result in:
5.4.1.1 Delays to the production and/or delivery timeline.
5.4.1.2 Additional charges to cover the cost of reworking detailed drawings, material orders, or other resources.
5.4.1.3 The Seller will not be held liable for any delays or disruptions caused by late changes requested by the Buyer.
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. If we make significant changes to the Product or these Conditions that affect the essential characteristics of the Product, we will notify the Buyer in writing. The Buyer will have the right to either accept these changes or reject them and terminate the contract without penalty. In this case, the Buyer will be entitled to a full refund for the Product.
6.3 If the Buyer rejects the changes, the contract will end, and the Seller will arrange for the refund of any payments made for Products not yet delivered.
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. Lead times typically range from 8 to 20 weeks from the point of order. As soon as reasonably possible we will contact you to agree a delivery timeframe. The Seller will confirm a final delivery time and date to the Seller no less than 48 hours before delivery.
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 no more than 25 metres from the location where the cabin will be erected if you have opted for a fully assembled cabin.
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 not 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 right 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 hello@backyardcabins.co.uk. The contract will end, and we will refund any sums paid by you for Products not provided. The Seller will deduct reasonable compensation for the net costs incurred 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 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 fails to make payment of the order price to the Seller; or
9.1.2 The Buyer does not make any payment to the Seller when it is due and the Buyer still does not make payment within 7 days of the Seller reminding the Buyer that payment is due; or
9.1.3 The Buyer does not, within a reasonable time, allow us to deliver the Product to the Buyer.
9.2 The Seller may also end the contract in the circumstances set out in clause 6 above.
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 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 which 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. Price and Payment
10.1 The price of the Product will be the price indicated on the order Invoice when the Buyer placed your order.
10.2 It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product's correct price at your order date is higher than the price stated on our website, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid, and require the return of any goods provided to you.
10.3 The Seller may increase the price of the Product, by giving notice to the Buyer at any time before delivery, to reflect any increase in the cost of the Product that is due to:
10.3.1 any request by the Buyer to change the delivery date or the delivery location; or
10.3.2 Any request by the Buyer to make changes to the Product order, including late changes made within six (6) weeks of the cabin start date; or
10.3.3 any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate or accurate information or instructions.
11. How to Pay
11.1 Payment for the Product is to be made via BACS (Bank Transfer) directly to the Seller's bank account, the details of which will be provided to the Buyer upon acceptance of the order.
11.2 The deposit (to be paid when the order is placed) must be 60% of the total Product price. No work or materials will be ordered until this deposit is received by the Seller.
11.3 The final balance is to be paid no less than 7 days post to the final completion date. This can be made via BACS directly to the Seller's bank account, the details of which will be provided to the Buyer.
11.4 All bank charges incurred are to be covered by the Buyer. This includes charges incurred by both the Buyer and the Seller's banks.
12. Manufacturer's Warranty
12.1 Warranty Coverage
The Seller provides a Manufacturer's Warranty for all Products, subject to the terms and conditions set out below.
12.2 Warranty Period
The Manufacturer's Warranty covers the Product for a period of 10 years from the date of delivery to the Buyer.
12.3 Scope of Warranty
The Manufacturer's Warranty covers defects in materials and workmanship under normal use and service, provided the Product has been properly installed, used, and maintained in accordance with the Seller's guidelines.
12.4 Exclusions
The Manufacturer's Warranty does not cover:
12.4.1 Improper Use or Installation
Damage caused by improper installation, misuse, abuse, neglect, accidents, negligence, or unauthorised modifications or alterations to the Product.
12.4.2 Acts of Nature
Damage resulting from acts of nature, including but not limited to floods, fire, earthquakes, lightning, storms, or other natural disasters.
12.4.3 Extreme Weather Conditions
Damage caused by excessive wear and tear due to high winds, heavy snow loads, hail, or other extreme or unforeseen weather conditions.
12.4.4 Failure to Maintain
Damage resulting from failure to properly maintain or care for the Product as per the Seller's recommendations. This includes, but is not limited to:
12.4.4.1 Failure to repaint, reseal, or protect surfaces where applicable.
12.4.4.2 Failure to inspect and clean cladding, gutters, or other exterior elements regularly.
12.4.5 Exposure to Substances
Damage caused by exposure to chemicals, solvents, corrosive substances, or other harmful materials.
12.4.6 Normal Wear and Tear
Normal aging and wear and tear, including but not limited to:
12.4.6.1 Fading, discoloration, or weathering of materials over time.
12.4.6.2 Expansion, contraction, or warping of materials due to natural environmental conditions.
12.4.6.3 Cosmetic imperfections that do not affect the structural integrity of the Product.
12.4.7 Water Ingress: Water ingress or leaks caused by wear and tear, improper maintenance, or failure to ensure adequate sealing after installation.
12.4.8 Additional Structures or Add-Ons: Damage caused by third-party additions, structures, or attachments not provided or approved by the Seller.
12.5 Limitations of Liability
12.5.1 The Seller's sole obligation under the Manufacturer's Warranty is, at its discretion, to repair or replace the defective Product or component free of charge to the Buyer.
12.5.2 The Seller will not be liable for any incidental, indirect, or consequential damages, including but not limited to loss of use, loss of profits, or damages arising from the delay in rectifying a fault.
12.5.3 The Seller's total liability under the Manufacturer's Warranty is limited to the original purchase price of the Product.
12.5.4 The Manufacturer's Warranty applies only to the original Buyer and is non-transferable to subsequent owners or users of the Product.
12.6 Conditions for Warranty Claims
12.6.1 The Buyer must notify the Seller of any defect within 30 days of discovering the issue.
12.6.2 The Buyer must provide proof of purchase and any relevant maintenance records.
12.6.3 The Buyer must allow reasonable access for inspection and repair of the Product where necessary.
12.7 Void Warranty
The Manufacturer's Warranty will be void if:
12.7.1 The Product has been relocated or reassembled by anyone other than the Seller or an authorised representative.
12.7.2 The Product has been used for purposes other than its intended use.
12.7.3 The Buyer has failed to adhere to the Seller’s care and maintenance instructions.
12.8 Statutory Rights
The Manufacturer's Warranty is in addition to, and does not affect, the Buyer’s statutory rights under UK consumer law.
12.9 General Maintenance Advice
For longevity and to minimise risks of damage, the Seller advises:
12.9.1 Routine inspection and maintenance of external cladding, seals, and joints.
12.9.2 Prompt repair of any visible damage to protect against further deterioration.
12.9.3 Protection against water ingress through proper sealing and gutter maintenance.
13. Limitation of Liability
13.1 Nothing in these Conditions shall limit or exclude the Seller's liability for:
13.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents, or subcontractors (as applicable);
13.1.2 fraud or fraudulent misrepresentation;
13.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
13.1.4 defective products under the Consumer Protection Act 1987.
13.1.5 any other matter in respect of which it would be unlawful for the Seller to exclude or restrict liability.
13.2 Subject to clause 13.1:
13.2.1 The Seller shall not be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profits, loss of business, loss of contracts, loss of anticipated savings, or any indirect or consequential losses that arise under or in connection with these Conditions.
13.2.2 The Seller’s total liability to the Buyer for any direct losses, whether in contract, tort (including negligence), or otherwise, shall not exceed the total price paid by the Buyer for the Products.
13.2.3 The Seller will not be liable for failure or delay in delivery or installation caused by circumstances beyond the Seller's reasonable control, including but not limited to, acts of God, adverse weather conditions, labour disputes, or governmental action (Force Majeure). The Seller will notify the Buyer as soon as practicable in such circumstances and make reasonable efforts to perform its obligations under the contract.
13.3 Force Majeure: Neither the Buyer nor the Seller shall be liable for any failure or delay in performing their obligations under the contract where such failure or delay results from any cause that is beyond the reasonable control of that party. This includes, but is not limited to, strikes, lock-outs, labour disputes, natural disasters, acts of war, terrorism, pandemics, governmental restrictions, or other events deemed to be a Force Majeure event. In the event of a Force Majeure, the affected party shall inform the other party in writing as soon as reasonably practicable. Either party may terminate the contract if performance is delayed for a substantial period due to a Force Majeure event.
14. Data Protection
14.1 The Seller will only use the Buyer's personal information as set out in the Seller's Privacy Policy, available on the Seller's website.
15. Communications Between Us
15.1 When we refer to "in writing" in these Conditions, this includes email and/ or postal correspondence.
15.2 Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first-class post, or other next working day delivery service, or email.
15.3 A notice or other communication is deemed to have been received:
15.3.1 if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
15.3.2 if sent by email, at 9.00 am the next working day after transmission.
15.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped, and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
16. Other Important Terms
16.1 We may transfer the Buyer rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
16.2 The Buyer may only transfer their rights or their obligations under these terms to another person if we agree to this in writing.
16.3 This contract is between the Seller and the Buyer. No other person shall have any rights to enforce any of its terms.
16.4 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. 16.5 If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.6 These terms are governed by English law. You and we both agree to submit to the exclusive jurisdiction of the English courts.
17. Recommendations
17.1 We recommend that the Buyer carefully read and understand these Terms and Conditions of Sale before placing an order.
17.2 We recommend that the Buyer ensures the base and/ or site of installation are prepared as per the specifications in this document to avoid any additional charges or delays.
17.3 We recommend that the Buyer keeps a copy of this document for reference.
17.4 We recommend that the Buyer maintains the Product as per the guidelines provided by the Seller to maximise its lifespan.
17.5 We recommend that the Buyer contacts us if they have any questions or concerns about these Terms and Conditions of Sale or the Product.