TERMS AND CONDITIONS OF SALE
“Company” means Optipod Limited, company number 12844074, with registered address 1 Bramley Business Centre, Station Road, Bramley, Surrey, GU5 0AZ.
“Optipod” means the modular garden room specified by the Customer as detailed in the Order Confirmation.
“Customer” means the person(s), firm or company who purchases an Optipod from the Company.
“Order Confirmation” means the written confirmation issued to the Customer following receipt of an order.
“Company Website” means the Company’s website at www.optipod.com.
“Installation Site” means the site specified by the Customer where the Optipod will be installed.
“Scheduled Installation Date” means the date agreed between the Company and the Customer when the Optipod installation will begin.
“Agreement” means the Order Confirmation and these Terms and Conditions.
TERMS AND CONDITIONS
1. BASIS OF SALE
1.1 A Customer purchasing an Optipod from the Company confirms their acceptance of these Terms and Conditions.
1.2 The Company reserves the right to amend these Term and Conditions from time to time.
1.3 No variations of these Terms and Conditions shall be of any effect unless agreed to by the Company in writing.
1.4 If any part of this Agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
1.5 Any claim or dispute arising out of these Terms and Conditions shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.
2.1 The Company Website and brochures serve as a guide only and do not form part of the Agreement.
2.2 The Company makes every effort to be as accurate as possible, however precise measurements indicated on Company Website and in brochures are subject to reasonable levels of tolerance.
2.3 The Company reserves the right to alter its specifications without prior notice. The Company will endeavour to inform the Customer whenever any significant specifications are amended.
3.1 All prices stated on the Company Website and in brochures includes VAT.
3.2 Once the Customer places an order, an Order Confirmation is issued. The Customer has a period of 7 days to pay the required deposit to confirm the price offered.
4.1 A 50% deposit is required upon placing an order to confirm a Scheduled Installation Date. This 50% deposit is fully refundable up to 21 calendar days prior to the Scheduled Installation Date.
4.2 Final payment of the remaining 50% is due strictly the day before the final day of installation in cleared funds.
4.3 Payments may be made by bank transfer, direct debit, credit card or debit card.
4.4 All goods remain the property of the Company until the balance is paid in full.
5.1 As all Optipods are designed and manufactured by the Company to the Customer’s specifications, they are exempt from consumer cancellation rights.
5.2 The Customer may cancel their order and receive a full refund up to 21 calendar days prior to the Scheduled Installation Date.
5.3 If the Customer wishes to cancel their order within 21 calendar days of their Scheduled Installation Date, they forfeit their 50% deposit.
6. PLANNING PERMISSION
6.1 Optipods have been designed to comply with planning requirements when installed in domestic gardens.
6.2 If the Installation Site is in a conservation area, the Company recommends that the Customer contacts their local authority to confirm whether or not any Article 4 Directions (restrictions on Permitted Development Rights) have been applied to the Installation Site.
6.3 The Company will not be held liable for any breach of Permitted Development/Planning Regulations applicable to the Installation Site.
7. SCHEDULED DATES
7.1 The Company will always try to honour the Scheduled Installation Date. In some instances, however, changes to this date are necessary due to extreme weather conditions, access difficulties, and other unavoidable delays. In such circumstances, the Company will give the Customer as much notice as possible and work with the Customer to agree a new Scheduled Installation Date as soon as practicable.
7.2 The Company will not be held liable for any loss, damages, charges, or expenses incurred by the Customer as the direct or indirect result of any delay in the delivery, installation, or completion of an order.
8. WORK ON SITE
8.1 The Customer must be present during installation to specify the exact Installation Site.
8.2 The Customer is responsible for clearing the Installation Site as described on their Order Confirmation prior to the Scheduled Installation Date.
8.3 The Customer is responsible for providing all necessary parking permits, access, and permissions in advance of the Installation Date. The Customer must ensure free access to the front of the house for unloading, including a van plus a 5m long trailer. Access to electricity and water is required on site.
8.4 Failure of the Customer to complete the necessary preparations may result in a delay of the installation schedule. A penalty of £500 will be incurred if the Customer has not carried out the necessary preparations as per clauses 8.1 and 8.2.
8.5 Whilst every care is taken to avoid any damage to the Customer’s property, the Company cannot be held liable for unavoidable damage caused by the installation teams.
8.6 The installers will only install items listed on the Order Confirmation. No additional items supplied by the Customer will be installed or fitted unless agreed in writing with the Company.
8.7 The Company reserves the right to withdraw its employees or designated contractors from a site where they deem the working conditions to be unsafe in accordance with current Health and Safety Regulations. In such cases the Company will discuss any necessary changes to the working environment/conditions with the Customer before the works can continue.
8.8 All installation personnel have been trained and briefed on safe working practices including use of PPE (Personal Protective Equipment) in accordance with current Health and Safety regulations.
8.9 Waste materials will be removed from the site by the installers unless agreed in writing by the Customer.
8.10 The Company is covered by liability insurance up to £10million. Full details are available on request.
9. ELECTRICAL WORKS
9.1 A Part P certificate will be supplied to the Customer once the final balance has been paid in full. The certificate can take up to 21 days to process.
9.2 The Company reserves the right to apply additional electrical installation charges in the following specific circumstances. The Customer will be informed and quoted prior to any necessary additional electrical works being carried out. Photos provided by the Customer during the ordering process will typically identify if additional charges are likely:
9.2.1 If the Installation Site is more than 25 metres from the back of the Customer’s house,
9.2.2 If there is no fixed fence line to attach the armoured electrical cable to thus necessitating the digging of a trench to bury the cable,
9.2.3 If the consumer unit inside the Customer’s home is not compliant with current regulations thus necessitating the replacement of the consumer unit before any modifications can be made, or
9.2.4 If the electrician is required to do serious construction works to access the consumer unit inside the Customer’s house.
9.3 The Company reserves the right to make any changes to electrical product specification or services deemed necessary to ensure safety compliance. The Customer will be made aware of any such changes and cost implications before the relevant works are carried out.
10. CUSTOMER GUARANTEE
10.1 The Company provides the following comprehensive transferable guarantee, which is activated once the final balance is paid in full:
10.1.1 10-year guarantee:
i. Design and manufacturing faults to the structure, including rot and corrosion
10.1.2 3-year guarantee:
i. Internal misting in double-glazing
ii. Door and window hinges
iii. External decking, including rot, corrosion, and structural faults
10.1.3 1-year guarantee:
i. External Siberian Larch fascia
ii. Internal flooring
iii. Electrical sockets and switches
iv. Internal and external lights
vi. Blinds (if supplied)
vii. Air conditioning (in supplied)
10.2 Optipods should not be used for habitable accommodation. If used for habitable accommodation the guarantee is invalid.
10.3 Door adjustments are not covered under guarantee and may be necessary from time to time. Adjustments can be easily carried out by the Customer – please contact firstname.lastname@example.org for advice.
10.4 Guarantee claims should be made to email@example.com on discovery of the fault. Failure to report a fault immediately may invalidate your guarantee. Once agreed, a maintenance team will be dispatched to remedy the fault free of charge or a replacement part will be sent to you together with detailed instructions. The Company will not reimburse payments made to third-party repair contractors without prior written consent.
10.5 If the Customer is deemed to be responsible for any fault(s), all costs associated with remedial works will be charged to the Customer.
10.6 The Company’s liability shall not exceed the value of the of the faulty item and the taking of the steps it deems necessary to rectify the fault shall constitute an entire discharge of the Company’s liability under this warranty.
10.7 The Company shall not be deemed liable for subsidence to the Optipod or of the surrounding installation site unless such subsidence is caused by the negligence of the Company during installation.
10.8 Any structural alteration made to the building by the Customer or a third-party employed by the Customer invalidates the guarantee and as such any related remedial works will be chargeable.