Terms and Conditions
The Below Term and Conditions are intended for Retail Customers ONLY
B2B / Trade Customers should refer to the Trade
Term and Condition (click here for details)
Background
This agreement applies as between you, the User of this Web Site and Hortons Portable Buildings Ltd, the owner of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.
No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled.!!
- Definitions and Interpretation
- Age Restrictions
- Business Customers
These Terms and Conditions DO NOT! apply to customers buying Goods in the course of business. Account facilities are available for trade customers. Please contact us for further details.
- International Customers
4.1 If Goods are being ordered from outside Hortons portable Buildings Limited's country of residence, import duties and taxes may be incurred once your Goods reach their destination. Hortons Portable Buildings Limited is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Hortons Portable Buildings Limited cannot guarantee that the packaging of your Goods will be free of signs of tampering.
4.2 If Goods are being ordered and/or collected from Hortons Portable Buildings Limited's premesis with the intention of exporting them to outside Hortons Portable Buildings Limited's country of residence, then Hortons Portable Buildings Limited will not be liable for any costs involved in the exportation of these Goods outside of Hortons Portable Buildings Limited's country of residence. It is the responsibility of the customer to physically check all items for themselves in good time before the collection date as Hortons Portable Buildings Limited will not be held liable for any transportation costs of exportation should there be any missing or damaged parts. However, Hortons Portable Buildings Limited will deliver free of charge to any UK port within the free delivery areas as set out in point (3) in our delivery policy but also being limited to point 13.5.3-5 as set out in our terms and conditions.
- Intellectual Property
5.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Hortons Portable Buildings Limited, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws..
5.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Hortons Portable Buildings Limited.
- Fair Use of Intellectual Property
Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply. Please click here for details
- Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Hortons Portable Buildings Limited or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
- Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.hortonsgroup.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of a Director of Hortons Portable Buildings Limited.
To find out more please contact us by email at sales@hortonsgroup.com orHortons Portable Buildings Ltd
Handcross Road (B2110),
Plummers Plain
Lower Beeding,
Horsham,
West Sussex,
RH13 6NX
ENGLAND
Telephone 01403891177 - Use of Communications Facilities
9.1 When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
9.1.1 You must not use obscene or vulgar language;
9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
9.1.3 You must not submit Content that is intended to promote or incite violence;
9.1.4 It is advised that submissions are made using the ENGLISH language as we may be unable to respond to enquiries submitted in any other languages;
9.1.5 The means by which you identify yourself must not violate these terms of use or any applicable laws;
9.1.6 You must not impersonate other people, particularly employees and representatives of Hortons Portable Buildings Limited or our affiliates; and
9.1.7 You must not use our System for unauthorised mass-communication such as "spam" or "junk mail".9.2 You acknowledge that Hortons Portable Buildings Limited reserves the right to monitor any and all communications made to us or using our System.
- Termination and Cancellation
10.1 Hortons Portable Buildings Limited reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
10.2 If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases. - Goods, Pricing and Availability
11.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Hortons Portable Buildings Limited correspond to the actual Goods, Hortons Portable Buildings Limited is not responsible for any variations from these descriptions (we reserve the right to change specifications without prior notice). This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 15.1 for incorrect Goods.
11.2 Where appropriate, you may be required to select the required size, model, number and log thickness of the Goods that you are purchasing.
11.3 Hortons Portable Buildings Limited does not represent or warrant that such Goods will be available. Stock indications are not provided on the Web Site.
11.4 All pricing information on the Web Site is correct at the time of going online. Hortons Portable Buildings Limited reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated regularly.
11.5 In the event that prices are changed during the period between an order being placed for Goods and Hortons Portable Buildings Limited processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
11.6 All prices on the Web Site include VAT. Hortons portable Buildings Limited's VAT number is 395 3671 15.
- Delivery
12.1 Our Carrier will notify you initially by telephone and then by email if you do not respond to the call when your goods are to be dispatched to you.
12.2 If our Carrier receives no communication from you, the Carrier will store your goods and will charge you the costs of such storage until they can re-deliver your goods to you.
12.3 Our Delivery policy can be found here
In this Agreement the following terms shall have the following meanings:
"Carrier" |
means any third party responsible for transporting purchased Goods from our Premises to customers; |
"Content" |
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site; |
"Goods" |
means any products that Hortons Portable Buildings Ltd advertises and / or makes available for sale through this Web Site; |
Hortons Portable Buildings Limited" |
means Hortons Portable Buildings Ltd The Log Cabin Showground, Handcross Road (B2110), Company Reg No 4684795 |
"Service" |
means collectively any online facilities, tools, services or information that Hortons Portable Buildings Limited makes available through the Web Site either now or in the future; |
"Payment Information" |
means any details required for the purchase of Goods from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes; |
"Purchase Information" |
means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form; |
"Premises" |
Means our place of business
located at |
"System" |
means any online communications infrastructure that Hortons Portable Buildings Limited makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links; |
"User" / "Users" |
means any third party that accesses the Web Site and is not employed by Hortons Portable Buildings Limited and acting in the course of their employment; and |
"Web Sites" |
means the website that you are currently using and any sub-domains of this site unless expressly excluded by their own terms and conditions. |
Persons under the age of 18 should use this Web Site only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
However, if we are required to hold the goods in our yard for any period of time, we cannot guarantee that they will
remain in perfect condition because any moisture that is within the wrapping cannot escape and could therefore cause
"sweating" which in turn could possibly degrade the product.
- Returns Policy
Hortons Portable Buildings Limited aims to always provide high quality Goods that are fault- free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
13.1 If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us immediately, and preferably whilst our Carrier is still at your premises to arrange return of the goods. Hortons Portable Buildings Limited is responsible for paying shipment costs. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods. There may be a manufacturing delay in some circumstances, which is beyond our control.
If any Goods you have purchased have faults when they are delivered to you, you should contact Hortons Portable Buildings Limited within 14 days to arrange delivery of the replacement parts, at no additional cost to you. There may be a manufacturing delay in some circumstances, which is beyond our control.
13.3 If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged and you must also have the delivery note counter-signed by our Carrier to confirm the damage. In any event, you should report such damage to Hortons Portable Buildings Limited within 7 days and arrange delivery of the replacement parts, at no additional cost to you.
13.4 You have a statutory right to a "cooling off" period. This period begins once your order is complete and ends 7 days after the Goods have been delivered. If you change your mind about the Goods within this period, please call us to arrange collection via our Carrier. You will be liable for the return costs and our Carrier will invoice you directly. Our Carrier will collect your goods once they have received cleared funds. Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of Hortons Portable Buildings Limited.13.5 Hortons Portable Buildings Limited reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
13.5.1 Any use or enjoyment that you may have already had out of the Goods;
13.5.2 Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
13.5.3 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase. Such discretion to be exercised only within the confines of the law.
- Your cabin was manufactured with the greatest care and expertise from good quality, well-dried, fine-grained softwood. The material we use is purely natural, and being solid wood is vigorous and active. Despite technical drying methods it is impossible to completely prevent some degree of warping, the formation of resin and cracks, especially on the outside surfaces. The varying knot formations are also typical of softwood. These variations are all part of the beauty of timber. Any rough edges and unevenness caused by the planer etc. on the back of the profiled planks and floorboards is due to production techniques and is not actually a defect in the quality.
The timber used from sustainable forests is untreated, except for the treated parts. That means that the untreated wood will turn greyish over the years, something which you might choose to avoid by applying a coat of stain or paint inside and outside please, take notice of the recommendations of the varnish or paint manufacturer. It is not advisable to paint the wall timbers before assembling them this is best done when the cabin has been erected and the weather is fine. Please check the content of the package before you start building your cabin and contact your dealer if something is missing or can not be used for the purpose. Claims are not accepted after the product has been assembled. Adequate ventilation and avoiding dampness are still the best ways of protecting wood against rot. - If the customer wants to return the whole, then they are liable for all of the delivery & collection costs.
- Although there may be faulty individual parts this does not make the whole product faulty and we reserve the right to replace parts that are deemed to be faulty, and not the whole product. If you want to return the whole product, then you will be liable for the delivery and return costs. Our Carrier will collect your Goods once they have received cleared funds.
- The customer is required to check all parts before building the cabin, Hortons
Portable Buildings Limited will send replacements if there are missing or damaged parts. If the customer requires further parts to be sent part-way through the installation process, the customer will be responsible for paying the haulage cost. This cost will be required to be paid before dispatch of the Goods. Hortons
Portable Buildings Limited will not be held responsible for any extra costs incurred by the customer due to the delay of these further replacement parts being sent.
- If a customer requests plans for a custom project any fees charged are non refundable.
- All measurements (whether it be in plans or actual physical parts) are machined within a tolerance of 3%. Customers should not rely on scale drawings/plans for actual measurements, but should physically measure the particular parts in question once they have been received.
- Raised timber base can only be installed on a solid and firm ground. It is up to the customer to investigate the conditions of the ground and inform Hortons Portable Buildings Ltd about it. If the ground is soft for any reason, additional materials will be required and additional charges to the standard price of the base and labor will apply.
- Privacy
Use of the Web Site is also governed by our privacy policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click here
- Disclaimers
15.1 Hortons Portable Buildings Limited makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
15.3 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
15.4 We are happy to recommend and arrange an installation team, although they are not directly employed by Hortons Portable Buildings Ltd. Therefore the installation is a separate contract between the customer and the installers and does not form part of our contract. All installation fees are paid directly to the installing company.
15.5 It is the responsibility of the customer to investigate and secure planning permission with their local authority if required; Hortons Portable Buildings Ltd will not accept liability for any infringement of planning permission.
15.6 It is the responsibility of the customer to establish that the Goods are suitable for their intended purpose, Hortons Portable Buildings Ltd will not accept liability for any infringement of this (ie. our standard cabins and the items included therein are intended for private residential use and not commercial or industrial use, upgrades are available for heavy usage). - Changes to the Service and these Terms and
Conditions
Hortons Portable Buildings Limited reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If Hortons Portable Buildings Limited is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
- Availability of the Web Site
The Service is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Hortons Portable Buildings Limited accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- Limitation of Liability
18.1 To the maximum extent permitted by law, Hortons Portable Buildings Limited accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
Nothing in these Terms and Conditions excludes or restricts Hortons portable Buildings Limited's liability for death or personal injury resulting from any negligence or fraud on the part of Hortons Portable Buildings Limited.
18.3 Nothing in these Terms and Conditions excludes or restricts Hortons portable Buildings Limited's liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Web Site.
18.4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal. - No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
- Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
- Notices
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to enquiries@factorycabinsdirect.co.uk or Hortons Portable Buildings Ltd Handcross Road (B2110), Plummers Plain Lower Beeding, Horsham, West Sussex, RH13 6NX ENGLAND Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
- Law and Jurisdiction
These terms and conditions and the relationship between you and Hortons Portable Buildings Limited shall be governed by and construed in accordance with the Law of England and Wales and Hortons Portable Buildings Limited and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
