Contract Terms - Shepherd’s Huts
1. PRELIMINARIES
1.1. Steph’s Cabins (“SC”) is the designer and manufacturer of the Shepherd’s Hut (“Hut”) which you are buying.
1.2. By placing an order with SC for the construction of a shepherd’s hut, you agree to enter into a legally binding contract with SC on the terms and conditions set out in this document.
2. DESIGN AND SPECIFICATION
2.1. The inspiration for SC’s shepherd’s hut design springs from the traditional hut used by shepherds to tend their flock in England and France from as early as the 16th Century. SC’s design preserves the traditional elements such as a stable door at the front of the hut, four functioning wheels and a curved tin roof. To promote your comfort, SC has added comprehensive 3” insulation to the design. Signature features of SC’s design are; its portico, handmade hardwood window frames and tailor-made stained-glass windows for the front and back of the hut.
2.2. SC will consult with you about each aspect of the design, to make it unique to you. Your options include:
2.2.1. Choosing the size of the Hut;
2.2.2. Selecting the style of steps/ramp;
2.2.3. Adding a portico over the steps;
2.2.4. Incorporating a platform by the door, by way of a decked area;
2.2.5. Including a wood-burning stove or other form of heating;
2.2.6. Deciding how many windows to have;
2.2.7. Choosing individually bespoke stained-glass windows;
2.2.8. Providing a purpose-built kitchen;
2.2.9. Including an in-built shower unit and water closet;
2.2.10. Co-designing purpose-built shelving and/or cupboards;
2.2.11. Additional elements available on request;
2.3. SC also designs and creates items of decoration and furniture to suit any additional wishes.
3. PLANNING CONSIDERATIONS
3.1. It is your responsibility to obtain any planning consent which may be required.
3.2. Planning consent for your Hut may be required in a wide range of circumstances. SC strongly recommends that you obtain specialist advice.
3.3. The flexibility of SC’s design service means that in some circumstances your Hut could be considered as a ‘building’ and not a ‘chattel’. Different planning considerations apply to buildings, and movable structures. The more fixed your Hut is in your chosen location, the more likely it is that it will be considered to be a building. If you choose to connect your Hut to the drainage system, it will be more fixed to the ground. Your hut is capable of being transported on a large loader or pulled along a private track, but it cannot be towed on the highway. Different planning considerations apply to buildings, and movable structures.
3.4. The range of use, to which your Hut is to be put, will also be a factor. Issues which may be relevant could be: whether your Hut is to be used for regular sleeping accommodation; whether it is to be rented out for commercial gain; whether it is located on residential property or land which is otherwise designated; whether the location lies within an area which has a special designation such as a National Park.
3.5. SC does not hold itself out as a planning adviser and cannot accept responsibility for any difficulty or cost which you may incur in connection with any planning requirements.
4. DELIVERY ARRANGEMENTS
4.1. SC will keep you updated throughout the design, preparation and construction of your Hut. SC will offer you a delivery date as soon as possible after completion of your Hut. It is an express term of this contract that you will take delivery of your Hut no later than 7 days after the delivery date offered.
4.2. During the design process, SC will confirm the external dimensions for your Hut. It is your responsibility to inspect your nominated delivery address to make sure that there is an adequate point of entry in terms of both minimum height and width. Keep in mind that adequate space is required in order to manoeuvre the Hut into position. This should be at least 1 metre more than the height and width of the Hut.
4.3. If at the time of delivery either a clear point of access or sufficient space on site for positioning the Hut is not available, SC will charge you for any additional costs incurred by them in making suitable arrangements for access; for any additional costs incurred by them in respect of storage pending delivery; and for any other costs reasonably incurred as a result of delivery being delayed.
4.4. You must ensure that you provide a suitable location, as well as level, firm ground support for your Hut. SC does not supply or install bases for their Huts. It is your responsibility to assess the suitability of the proposed position of your Hut and also the suitability of the ground conditions there. You must have regard to the weight and size of the completed Hut.
4.5. Damage can occur to the Hut during the delivery process. In the event that such damage is caused by SC’s negligence, SC will undertake all reasonably necessary repairs. SC cannot be responsible for any damage caused by your failure to provide adequate access or suitable location, nor for any damage subsequent to delivery. On delivery you accept responsibility for maintenance and repair of your Hut.
5. BUYING PROCESS
5.1. Step 1: Visit SC’s website to view options and examples of previously completed huts.
5.2. Step 2: Contact SC by email to set up a design consultation. Ideally you will send photographs of the proposed location, together with your key requirements for your Hut in terms of proposed use and size. It may be that SC will propose a site visit.
5.3. Step 3: During the design consultation, SC will discuss with you the range of additional design features available and also explore your style preferences.
5.4. Step 4: SC will then work up design proposals for you to consider. Your Hut will be designed to meet your unique needs and you should not hesitate to ask for a follow-up consultation to ensure those needs are met.
5.5. Step 5: Once your design brief is finalised, SC will send you a quotation detailing the specification of your Hut. The quotation will set out the deposit payment needed to place your order.
5.6. Step 6: You return the signed copy of the specification together with the deposit, and your contract with SC is formed once both these items are received. SC will then begin building your Hut, subject to the clause below.
5.7. In the event that you choose to buy a ready-made Hut, paragraphs 5.3 and 5.4 will not apply. Paragraph 5.6 will only apply to the extent that your contract with SC is formed at the moment when your signed copy of the specification together with the deposit is received here by SC. At that point SC will start to make arrangements for delivery.
6. PAYMENT ARRANGEMENTS
6.1. You have the right to cancel your agreement with SC under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 without giving any reason for doing so, provided you give SC notice to cancel within 14 calendar days after your order has been placed. SC will refund any monies paid by you as soon as reasonably possible and in any event within 14 days of receiving your written notice of cancellation. If you give SC notice to cancel your order after this period but prior to commencement of construction of your Hut SC will refund monies paid by you less 10% of the total net price of your Hut. Once SC has begun construction of your Hut, no refund can be given.
6.2. The deposit you will pay forms one half of the total price of your Hut, including VAT.
6.3. The balance is due and payable prior to delivery. Arrangements to deliver your Hut will be made as soon as transfer of the balance is received. SC accepts payment via BACS (preferred) or cheque. Any payment made by cheque will be subject to the amount clearing into SC’s account before being deemed as received.
7. SC’s COMMITMENT TO YOU
7.1. Where SC fails to comply with any of the terms of this contract, whether implied by law or expressly stated, SC is responsible to you for any foreseeable loss and damage sustained as a result. Such liability does not exceed the price you paid for your Hut.
7.2. SC fully accepts all and any liability to you or to others wherever and whenever the law precludes any exclusion of liability. This includes accepting liability for death or personal injury caused by SC’s negligence. It includes accepting liability for any fraud or fraudulent misrepresentation. It includes accepting liability for breach of your legal rights in relation to the product and for defective products under all consumer protection legislation.
8. EXCLUSION OF SC’s RESPONSIBILITY
8.1. SC is not liable for any indirect losses or business losses.
8.2. SC is not liable for any loss or damage caused by delay or failure to perform which is due to causes beyond SC’s control.
8.3. SC is not liable for any loss or damage caused by wear and tear of the Hut.
8.4. SC is not responsible for any loss or damage caused by your failure to maintain or repair the Hut after delivery.
8.5. Timber is a natural product and, as such, may have imperfections such as knots and splits. As it dries, it is normal for timber to develop splits. This is not a fault and it will not compromise or affect its structural integrity or inherent strength. If you experience cracks and splits in your timber, it is simply timber exhibiting its normal state and characteristics. SC cannot accept any liability for normal signs of weathering and ageing in the timber used to make your Hut.
9. OTHER TERMS
9.1. Any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms or its subject matter shall be governed by and construed in accordance with the law of England and Wales.
9.2. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms or its subject matter or formation.
10. COMMUNICATION CHOICES
SC recommends that you make contact by email and leave a telephone number to enable discussion of your options.