Your statutory customer rights are not affected.
The Buyer should read these terms and conditions carefully before using this website.
By accessing or using this website the Buyer agrees to be legally bound by these terms and conditions. The Buyer should note that these terms and conditions may be modified and posted on the website from time to time
Broomheads Buildings and Boundaries LTD. 15 The Sidings, Wombwell, Barnsley, S73 0FD
Company number 07252383
Online: Contact Us
The person, company or organisation purchasing goods or services from ‘The Seller’, as shall be entered within the ‘customer’ section of all Company sales order/ecommerce/invoice documentation.
“GOODS” means the goods (including any installment of the goods or parts for them) which the Seller is to supply in accordance with these Conditions. The Buyer should note that all Goods depicted on this website (as from time to time modified)
“CONDITIONS” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in Writing between the Customer and the Seller.
“CONTRACT” means the contract for the purchase and sale of the Goods.
“WRITING” means email or post.
1.3 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.4 The headings in these Conditions are for convenience only and shall not affect their interpretation
- Company Background
formed in 2010 under the name of Broomheads Building & Boundaries LTD, We manufacture all the Timber products in our South Yorkshire workshop. Offering a vast array of styles and sizes, and offer a bespoke made to measure service.
- Overview Of Terms & Conditions
These terms and conditions (last updated November 2017) shall apply to the sale and supply of garden buildings and associated services by ‘The Seller’, to the entity hereby referred to as ‘The Customer’. ‘The Seller’ means of good practice and retail compliance is primarily regulated by the ‘Consumer Protection (Consumer contracts (Information, cancellation and additional charges) Regulations 2013 , in addition to the ‘Sale of Goods Act 1979’ and other statutory instruments. This document contains references to the said regulations and has been supported with background information gained from the web sites of related parties, being; Department for business innovation and skills . Any order placed by ‘The Customer’ whether in person, by telephone, by mail or online (ecommerce) shall form a legally binding contract of sale, thus whilst the below terms are extensive they are given to define and protect the due rights of both ‘The Customer’ and ‘The Seller’.
- RETENTION OF TITLE/OWNERSHIP
- 1.1 Legal ownership of any goods supplied shall remain vested to ‘The Seller’, until such time that full payment of order/invoice monies has been received from ‘The Customer’.
- 1.2 Should the ‘The Customer’ obtain goods without making full payment, ‘The Customer’ accepts that ‘The Seller’ retains the right to demand and receive immediate settlement of all outstanding monies prior to transfer of ownership, or the ‘The Customer’ grants ‘The Seller’ unrestricted access to reclaim the goods, at which point the order cancellation process (section 7 below) shall be instigated. The saleable condition of the goods prior to any reclaim is sole the responsibility of ‘The Customer’.
- 2.1 All pricing as shown upon ‘The Seller’ literature and this web site are shown in (£) Pounds Sterling.
- 2.2 All pricing as shown upon ‘The Seller’ literature and this web.
- 2.3 All pricing as shown upon any branded literature provided, is provided for information only and does not form part of a sale. ‘The Seller’ web site pricing shall prevail and apply at point of sale.
- 2.4 All goods as priced, except those defined in 2.5, shall be supplied free of delivery charge when delivered to addresses in mainland locations throughout England, Wales and Scotland.
- 2.5 Our ‘free delivery’ pricing does not apply to all products and all UK locations. Individual product pages detail the free delivery area serviced upon a product-by-product basis.
- 2.6 For orders where 2.5 applies, ‘The Seller’ shall notify ‘The Customer’ of; (a) whether their location is serviceable, and (b) any extra delivery or service charges.
- 2.7 Should ‘The Customer’ accept our revised service and pricing offered under 2.6 the order shall be revised and proceed. If declined, ‘The Seller’ will cancel ‘The Customers’ order and refund all order monies received.
- 2.8 ‘The Seller’ pricing is reviewed upon a calendar monthly basis, but revisions will be applied at any time for; (a: increases) material and manufacturer price rises, or (b: reductions) offers or promotions as defined.
- 2.9 ‘The Seller’ reserve the right to offer ‘The Customer’ reduced pricing should they; (a) use a voucher code, (b) offer volume incentive, or (c) offer other incentive where discretion can be applied.
- 2.10 ‘The Seller’ cannot retrospectively apply pricing changes once an order has been fully processed.
- 2.11 ‘The Seller’ cannot retrospectively apply a voucher code to an order once it has been fully processed.
- 2.12 Prices stated on pro-forma invoices issued by ‘The Seller’ are only valid until the valid date stated on the pro-forma. Pro-forma orders where payment is received after the valid date may be rejected if the product price has changed. Upon rejection, any payment received will be duly returned.
- 3.1 ‘The Seller’ standard payment terms are full payment with order.
- 3.2 Payments are only accepted in (£) Pounds Sterling.
- 3.3 Payments are only accepted by the following means; company cheque or bankers cheque (made payable to Broomheads Buildings and Boundaries LTD (BBBLTD)), BACS (electronic banking), Visa, MasterCard, Visa Delta and Electron.
- 3.4 Upon cheque-based orders, goods shall not be released until such a cheque passes clearance and the funds credit ‘The Seller’ bank account.
- 3.5 ‘The Seller’ actively strive to prevent credit/debit card fraud. All card-based orders without exception are subjected to cardholder name, address and other security checks as deemed essential.
- 3.6 ‘The Seller’ retain the right to undertake any third party search as necessary, such as via ‘The Seller’ card processing organisation, to satisfy that ‘The Customer’ card details are valid.
- 3.7 It is the responsibility of ‘The Customer’ to always provide their registered cardholder address when requested. Any processing delays caused by incorrect data provision will not be at the fault of ‘The Seller’.
- 3.8 ‘The Seller’ reserves the right to alter the standard payment terms of any customer if deemed appropriate, or where special terms form part of a package deal or offer.
- 3.9 ‘The Seller’ reserves the right to reject orders should details supplied by ‘The Customer’ fail to pass security checks detailed in 3.5 and 3.6
- 4.1 ‘The Seller’ shall aim to fulfil all orders at the earliest opportunity subject to 4.3.
- 4.2 ‘The Seller’ delivery periods as published are given in good faith and are anticipated, based upon manufacturer guidance. Delivery can occur sooner or later than the anticipated timescales.
- 4.3 The delivery period will commence from point of cleared payment, thus (a) next working day upon card-based orders, and (b) clearance of funds upon cheque-based orders.
- 4.4 Delivery periods are provided in working days (i.e; 20 working days = 4 weeks), to account for the incidence of public holidays and that manufacturers transport typically operate weekdays only.
- 4.5 Deliveries are made 7 days a week, typically during the hours of 7.00am to 7.00pm, however this can vary by carrier. ‘The Seller’ is not able to offer timed deliveries.
- 4.6 The party delivering on behalf of ‘The Seller’ shall be instructed to contact ‘The Customer’ to advise a delivery date near the term of their order. Notice may vary between 1 and 5 working days.
- 4.7 Product delivery (supply only) shall be to kerbside or driveway only. It is at the discretion of the carrier or delivery driver, should they decide to transit the goods to an alternative point upon the property of ‘The Customer’.
- 4.8 Should the delivery period extend beyond (whichever is longer) that published, subsequently notified or 30 days after the date of order (as section 19 of the Distance Selling Regulations) ‘The Customer’ can cancel their order without penalty.
- 4.9 It is the responsibility of the ‘The Customer’ to provide free and unobstructed access for product delivery and subsequent usage. Any failed, abortive or return delivery charges shall be recovered from ‘The Customer’ at cost.
- 4.10 ‘The Seller’ products are mainly large and sectional that will not fit through a pedestrian door. As 4.10, it is the responsibility of ‘The Customer’ to notify any access concerns to ‘The Seller’ at point of order.
- 4.11 In the interests of Health & Safety for ‘The Seller’ employees, manufacturers or contractors, on delivery our bulky products shall not be; (a) lifted over walls, fences etc, and (b) transited to other floors other than highway level.
- 4.12 All delivered goods have to be signed for (POD) by the ‘The Customer’ or their appointed representative, at which point responsibility and risk of the goods (not title if unpaid) shall pass to ‘The Customer’.
- 4.13 If ‘The Customer’ cannot be in attendance on delivery, prior written authority and acceptance of responsibility to leave the unattended product must to sent to email@example.com
- 4.14 ‘The Seller’ will not bear any abortive costs arising from ‘The Customer’ due to a failed delivery.
- 4.15 “Expected”, “Typical”, “Anticipated” and “Estimated” delivery dates stated on ‘The Seller’ website and associated literature do not imply guaranteed delivery dates.
- 4.16 Where a ‘premium delivery service’ is selected (not available on all products) it is the responsibility of ‘The Customer’ to provide working daytime contact telephone number(s). Failure to do so may result in delays to the expected delivery.
- 4.17 Should a ‘premium delivery service’ fail to occur on the expected date ‘The Seller’ shall reimburse the cost of the ‘premium delivery charge’. Reimbursement will be limited to the ‘premium delivery service’ fee paid by ‘The Customer’ at the time of ordering. See also 5.7 and 5.8
- 4.18 The ‘Premium delivery service’ is subject to real-time stock levels. Should ‘The Seller’ be unable to provide the ‘Premium delivery service’ due to low stock levels, the ‘premium delivery service’ fee shall be refunded to the customer. See also 4.18
- 4.19 It is the duty of ‘The Customer’ to make themselves available to be contacted prior to delivery. Should ‘The Seller’ or its chosen agent is unable to contact ‘The Customer’ the delivery of the order will be adversely affected.
- 4.20 ‘The Seller’ is not liable for delivery delays or failures caused by factors outside of ‘The Seller’ control including “Acts of Nature”, adverse weather conditions, road accidents, vehicle breakdown or personal illness. See also 4.18 and 4.20
- 4.21 Delivery shall only be made to a registered residential or commercial address. Delivery will not be made to an allotment, car park, waste ground etc.
- 5.1 All products are sold and supplied for self-assembly only by ‘The Customer’, unless otherwise stated.
- 5.2 Where an erection service option is shown and selected by ‘The Customer’, this service will be undertaken at the stated cost in a diligent and professional manner.
- 5.3 To ensure erection can be completed, the customer may be required to; (a) provide a concrete or paved base, being firm, square (diagonals) and level (by spirit level) – no less than the size of their chosen product, (b) ensure 600mm (2′) unobstructed access is provided all around the proposed site, (c) no trees, branches or similar encroach upon the proposed site or working space, and (d) provide clear external pedestrian access (not height or turn limited) to allow unimpeded passage of the product sections or components.
- 5.4 If on arrival the base prepared by ‘The Customer’ does not comply to 5.3 or offer serviceable support for the product as defined by the manufacturer, ‘The Customer’ shall be liable for an action of their choosing as defined under 5.5 or 5.6.
- 5.5 Upon abortive installation, the product can be left for self-assembly by ‘The Customer’, or if revisiting is needed ‘The seller’ may also charge a revisiting charge.
- 5.6 Upon abortive installation, the product can be left until ‘The Customer’ provides an appropriate base, at which point a return erection visit can be arranged upon payment of an additional charge similar to that defined in 5.5.
- 5.7 For supply only orders, the customer should not arrange or commence any erection service privately until they have received their product and have fully checked that their product is both complete and sound.
- 5.8 ‘The Seller’ will not bear any abortive costs arising from ‘The Customer’ or their privately employed labour, due to the failure of ‘The Customer’ to check the product as defined in 5.7, or while awaiting receipt of any missing or replacement parts.
- 5.9 See section 12.3 regarding personal injury.
- 6.1 ‘The Customer’ shall inspect the goods and notify ‘The Seller’ within seven days after the day of receipt of any shortages or damage to the said goods.
- 6.2 Shortage or damage should be reported with detail, either in writing to ‘The Seller’ address, by email to firstname.lastname@example.org or by telephone 01709897554. Pictures may be requested.
- 6.3 Upon approved claims within the period defined in 6.1, ‘the seller’ will forward the replacement parts usually within 5 to 10 working days, subject to stock level.
- 6.4 We reserve the right to decline any replacement request should damage or miss-use of the product have occurred upon ‘The Customer’ property or during self-assembly.
- 6.5 ‘The Seller’ will not be liable for any costs incurred by ‘The Customer’, should they fail to inspect and satisfy themselves that the product is sound and complete prior to self-assembly, see also 5.7 and 5.8.
- 6.6 See section 12.3 regarding personal injury.
- RETURN (CANCELLATION)
- 7.1 All goods are newly manufactured for sale or to order, as described upon ‘The Seller’ web site. We do not retail seconds or ex-display products, thus a return should be considered unlikely.
- 7.2 A return or cancellation of supply only goods can be instructed up to 14 working days after the date of delivery (except 7.3), as defined by part 2 of the Consumer Contracts (Information, Cancellation and Additional charges) Regulations 2013 .
- 7.3 ‘The Customer’ has no right to cancel at any time should their order include any made to measure modification or bespoke requirements agreed with the customer at the order stage.
- 7.4 The statement in 7.3 is formed from the ‘Exceptions to the right to cancel’ this exemption (Is now under regulation 28 (B) of the Consumer Contracts (Information, Cancellation and additional charges) Regulations 2013.
- 7.5 A return or cancellation should be made in a durable means as defined by part 10 of the Consumer contracts (Information, cancellation and additional charges) Regulations 2013 being; either in writing to ‘The Seller’ address or by email to email@example.com
- 7.6 It is the responsibility of ‘The Customer’ to meet all product return costs, either by their own arrangement or at the direct cost levied to ‘The Seller’. Stated, this provision is now under regulation 35 (5) of the consumer contracts (Information, Cancellation and additional charges) Regulations 2013.
- 7.7 It is the responsibility of ‘The Customer’ to retain possession and take reasonable care of the goods, until the goods have been returned to the possession of; ‘The Seller’, the manufacturer or a carrier appointed by either.
- 7.8 All return costs sought by ‘The Seller’ shall be deducted from the order monies held, thus any refund to ‘The Customer’ shall be passed less this return charge.
- 7.9 Return costs are not fixed and are based upon variables such as product and location. Typical return costs begin at £55 for a basic pre-packed item.
- 7.10 Where ‘The Customer’ instructs ‘The Seller’ to undertake a collection and return, ‘The Seller’ shall notify ‘The Customer’ of the return charge in writing (by email or telephone) prior to undertaking the process.
- 7.11 ‘The Seller’ will not profit from any return charges received from ‘The Customer’. A return charge will always equate to the cost ‘The Seller’ expended.
- 7.12 Reimbursement (refund) of cancelled order monies held, less the return delivery charge defined in 7.6 to 7.11, shall be made in a period not exceeding 30 days, as Section 14, part 3 of the Consumer contracts (Information, cancellation and additional charges) Regulations 2013
- 7.13 Statute states that a product should be returned in its original condition, thus fit for re-sale as new. We shall therefore reject the return of any product where assembly has been commenced, thus rendering the product as ‘used’.
- 7.14 ‘The Seller’ is not liable for damages or issues caused by factors outside of ‘The Seller’ control including “Acts of Nature”, adverse weather conditions, flooding, vandalism or accidental damage.
- 7.15 If your goods are found to be faulty after a 14 day period please contact us to discuss further.
- 8.1 In the event of any complaint or grievance, ‘The Customer’ should initially make contact by telephone on 01709897554, followed by a formal email complaint to firstname.lastname@example.org or letter to ‘The Seller’ address.
- 8.2 For efficient handling, ‘The Customer’ should state upon all correspondence; (a) their name, (b) their address, (c) their sales invoice number, (d) the product, and (e) a description of their complaint.
- 8.3 We shall endeavour to promptly resolve any complaint and/or respond with our stance. Should a response not be received within 5 working days, please send a “Second Request” for the attention of The Customer Service Manager.
- 8.4 It is the intention of ‘The Seller’ to resolve any dispute fairly, amicably and to the satisfaction of all parties concerned at the earliest opportunity.
- 9.1 We are committed to protect and respect customer privacy.
- 9.2 We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998).
- 9.3 Any personal details given by ‘The Customer’ shall not be passed or made available to any other company, organization or third party with the exception of 10.4.
- 9.4 To enable us to efficiently fulfil your custom, ‘The Customer’ contact name, telephone number and address shall be passed to our couriers to enable direct delivery and communication.
- 9.5 ‘The Seller’ shall only use ‘The Customer’ telephone and email contact details when deemed appropriate and necessary to discuss and fulfil their order.
- 9.6 ‘The Seller’ will not pass to any third party the details of the subscribers of ‘The Seller’ email newsletter.
- 9.7 Subscribers of ‘The Seller’ email newsletter retain the right to be removed from our database at any time by selecting the ‘unsubscribe’ function at the base of any newsletter received.
- 9.8 ‘The Seller’ will not contact any previous customer post-sale for marketing purposes.
- 10.1 For customer security of sensitive information, ‘The Seller’ web site operates a secure e-commerce automated payment process, approved by all UK banks.
- 10.2 ‘The Seller’ secure encrypted environment is held upon a SSL certified secure server, operated by GeoTrust – powered by Symantec
- 10.3 ‘The Seller’ server facility operates to a 256bit level of encryption, the strongest commercial level of secure encryption currently available.
- 10.4 All personal data entered via this web site by ‘The Customer’ will always be stored or transferred using the same 256bit level of encryption.
- 11.1 All reviews placed via email or our web site shall remain anonymous. No personal contact details shall be shown.
- 11.2 As reviews are anonymous we’re unable to reply, thus no order specific content should be submitted.
- 11.3 We retain the right to correct grammar upon any review, but not the content.
- 11.4 All reviews submitted are subject to ‘the seller’ vetting. We retain the right to approve, disapprove or display at our discretion.
- 11.5 To ensure we receive genuine product feedback, only ‘The Customer’ has the ability to submit a product review.
- 12.1 If ‘The Customer’ wishes to amend their order post-sale (i.e; after order processing), must be done within 14 days of ordering
- 12.2 It is the responsibility of ‘The Customer’ to take reasonable care during the assembly and use of the product(s). ‘The Seller’ shall not be held liable for any damage or personal injury caused by misadventure, negligence or misuse of the product(s).
- 13.1 These terms and conditions shall be interpreted in accordance with UK Law.
- 13.2 All sales conducted through ‘The Seller’ are subject to these terms and conditions.
Timber and Other Natural Products
- Timber is a natural product and prone to changes in appearance, including some movement and the occurrence of small knot holes or splits in extreme temperatures and weather conditions. Any splits, knots or similar visual imperfections in the timber will not affect the structural integrity of the product in any way. Whilst every effort is made to hand pick timber without visible knotholes or splits there may be occasions where timber is selected in good faith that contains what appears to be a solid knot. Over the course of time / during movement of the product etc it may occur that these small knot holes are then dislodged from the timber leaving a small knot or crack. Unfortunately, we cannot be held responsible for this maturing of the product and can only offer our best advice as how to deal with this situation in the unlikely event that it should occur. When measuring timber for the purpose of technical information the absolute external dimensions will be taken from a sample piece of each component used – it should be noted that due to the complex nature of the product and machining processes that this figure will give an average measurement that could be subject to slight variance throughout the rest of the individual boards in the pack measured. Whilst every effort will be made to select only components which match the average advertised sizing this is subject to the availability of the timber that has been machined and cannot be guaranteed. Please note any guarantee offered does not cover the products against timber splits or warping. These are natural characteristics of the products and not defects and neither will these circumstances be accepted as a valid reason for the cancellation of an order, as this can occur naturally over time.
- As previously stated, the Company reserve the right to alter the website at any time. This includes altering the products, the content, the descriptions and the prices. The company also reserves the right to alter these terms and conditions at any time. Please be aware this website, despite the utmost effort to ensure all information is accurate, may contain typographical inaccuracies. All images and photography used is purely for illustrative purposes only – actual product colours may vary slightly due to the digital photography process and variations in individual user monitor settings.