Who we are and how you can contact us

We are New Garden Room Company Ltd (registered number 11187644) with our contact address being First Floor, No 3 Lester Way, Wallingford, OX10 9TA.
If you need to get in contact with us you can call us on 01865 341000, or email us at darren@newgardenroomcompany.com. or stuart@newgardenroomcompany.com, or write to us at the above address.

Placing your order

Once you are happy with the quote and wish to proceed please let us know. We will confirm with you the order details and send a confirmation. This is the point that a legally binding contract between us is created, based on these terms and conditions.

Payment

The cost of your garden room, together with its installation and any ancillaries you have ordered, will be as outlined in the quote that you will have accepted. As per our quote, payment terms are as follows:
• 10% of the total order value to confirm your order.
• 10% on completed drawings
• 30% once materials have been delivered to site (timber, cladding, roof)
• 25% once plastering has been completed
• 25% on practical completion

(* Practical completion is defined as when the build has finished and a list of snaggings has been agreed and a date arranged to address listed snaggings. 10% of the final payment may be
retained by the client until all snagging items listed have been made good)

Delivery and Installation

Our quote will have provided an estimated delivery date and estimated installation dates. We will confirm these dates once we have certainty regarding them. Please do bear in mind that the dates on our quote are best estimates only and may be subject to change depending on a variety of factors. We will let you know if there is any change to these dates and will agree alternate dates for supply and installation.

There may be situations that arise, or things that we discover whilst completing the installation, that mean that the installation takes longer than originally estimated. We will try to complete the installation within the timescales provided in the quote but will not be liable if we are not able to do so.

It is our responsibility to:

– Provide, and pay, any tradespeople required to complete the installation;
– Provide any plant and machinery required to complete the installation;
– Provide all tools and equipment required to complete the installation;
– Provide any certificates relate to the installation that may be required to confirm its compliance with any laws, regulations or codes of practice.

It is your responsibility to:

Satisfy yourself whether any form of building regulations inspections and/or approval, or if any planning permission is required for the work we are doing. We will not advise on this and will not be responsible to you in any way if the work we are doing does require a formal buildings inspection or any form of planning permission.

You understand that we will need to use heavy plant and machinery. Whilst we will try our hardest to minimise the mess getting such machinery on site causes, and we will put right any damage to your property, we will not be liable to you for any cleaning costs associated with cleaning your property arising from the works we are doing. It is also your responsibility to notify your neighbours about the work we are doing.

There may be times where we have to shut-off certain utilities (such as gas, electricity and/or water) to enable us to safely complete the work. We will try to minimise the disruption this will cause, and we will always tell you in advance of us doing so.

We will do what we can to complete the installation within the timescales outlined in the quote. The nature of building work means that delays can happen for a number of reasons, including, site conditions, weather conditions and availability of equipment and raw materials. We will not be liable to you for any losses arising from any delay to the completion of the installation of your garden room where the delay was outside of our control.

When conducting the survey of the site prior to preparing the quote we will do our best to identify any issues with the site that may hinder our ability to install the garden room. The survey is not a comprehensive survey of the land and we cannot guarantee that it will identify all issues that may arise once installation commences. Where this situation occurs we will alert you of it as soon as we can and will discuss with you what work needs to be undertaken to remedy the situation, and any additional costs that may be payable for the additional work required.

Before we leave the site each day we will, so far as we can, make the site safe. Whilst the build is ongoing please do not enter the building site as doing so could put you in danger, or could damage work that is being undertaken, delaying the completion of the build and, potentially, increasing the costs of the build. It is your responsibility to ensure the security of the site and we will not be liable for any loss or damage caused to the site, your garden room, or your home, whilst we are not on site.

In accordance with your rights in law, we warrant that:

• Anything that we supply to you shall be:
  – fit for any purpose that it was manufactured and that we have agreed with you in writing; and
  – of satisfactory quality
• Any service that we provide to you (for example, completing of the survey and the installation of your garden room) will be provided with reasonable skill and care.

When installing your garden room we may come across things that mean we have to alter how we complete the installation, the specification, or the exact location for your garden room. Where this is the case any changes we make will not have any material negative impact on the end product. If there is something that we feel needs changing and that will have a material negative impact we will let you know as soon as possible and discuss and agree what changes to make, including any change to the costs associated with such changes.

What we need you to do

Before we arrange for the delivery of your garden room and start installation we will send to you our pre-delivery guidance. Please read this and make sure you understand it fully as it will really help ensure that everything goes as smoothly as possible. Please also ensure that you follow any instructions outlined in the guidance as it will ensure that we are able to complete our work as efficiently as possible.

After installation

Once we have completed the installation, we will complete a site inspection with you to make sure that you are happy with your garden room and the work we have done. Once we have completed the inspection we will prepare a handover document that we will ask you to sign confirming that you are happy with the work that has been done, as well as information on how to care for your garden room to get the maximum life and enjoyment out of it. We will also provide you with any other certificates that may be required to prove the garden room complies with building regulations.

If, once we have left site, you have any concerns about your garden room please contact us and we will do all we can to help.

Cancellation and termination

Whilst this is a contract that falls within the scope of the Consumer Rights Act 2016 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (also known as the Consumer Contract Regulations), all of our garden rooms are bespoke made to your order and specification, following us having completed a survey of the area that the garden room is to be located and after having had extensive discussions with you regarding the specification of your garden room. This means that the standard cancellation rights available to consumers, as outlined in regulation 28(2) of the Consumer Contract Regulations, do not apply to this contract and you do not have the right to cancel the contract once it has been entered into. This does not affect or limit any of your other statutory rights in any way.

You can terminate the contract between us, but only in very specific circumstances, which are as follows: 

• We have notified you that we are unable to supply the exact specification that you have ordered and you are not happy with the alternatives that we have suggested;
• We have notified you that the date for delivery and installation is going to be delayed by more than 30 days from the original agreed delivery date and you are unwilling to wait for the delivery;
• We have notified you that we are unable to supply the exact specification that you have ordered and you are not happy with the alternatives that we have suggested;
• We have notified you that the date for delivery and installation is going to be delayed by more than 30 days from the original agreed delivery date and you are unwilling to wait for the delivery;
• We have committed a material breach of contract that, having been given chance to fix the breach, we have been unable to do so. A material breach of contract is anything that we do wrong that is sufficiently serious that it means that you feel that you can no longer trust us to deliver your garden room, and the installation, in accordance with our obligations in these terms.

If you do wish to terminate the contract for one of the reasons outlined above, please contact us to discuss the situation. Any notice of termination must be in writing (email is acceptable for this purpose).

If you terminate the contract for any of the above reasons, and we agree that such termination is fair and in accordance with these terms, we will refund you all monies that you have paid us. We will remove any of the garden room that we have delivered and/or installed and will, so far as we can, put right any damage or mess we have caused to your property. We cannot and will not guarantee that your property will be in exactly the same condition as before we arrived.

We can terminate the contract between us, but only in very specific circumstances, which are as follows:

• You have not paid all monies owed to us by the date they are owed and after having waited 14 days after we have asked you to pay outstanding monies owed to us;
• You do anything that makes it difficult, or impossible, for us to deliver your garden room, or complete any aspect of the installation and do not fix such issues within a reasonable time of us asking you to do so;
• You behave in any way towards us, or our staff, that is offensive, discriminatory, or dangerous such that any, or all, of our staff do not feel safe or comfortable working on your site.

If we terminate the contract for any of the above reasons we will retain all monies that you have paid to us and will leave the garden room, in whatever state of completion it is in, at the site. We will make the site as safe as we reasonably can before we leave and will, so far as we can, put right any damage or mess we have caused to your property. We cannot and will not guarantee that your property will be in exactly the same condition as before we arrived.

Liability

We do not limit or exclude liability for death or personal injury that has been caused by our negligence. Nor do we exclude liability where it would be unlawful for us to do so, including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987

We will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover whilst on site and installing your garden room.

Whilst we understand that many people use our garden rooms to operate their business from, we are selling to you as a consumer and we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We have in place the following insurance policies, insured up to the value stated, that cover the work we do:

• Public liability insurance – £5,000,000
• Employer’s liability insurance – £10,000,000
• Professional indemnity insurance – £100,000

Data protection

As part of our order process we will collect personal data about you. Personal data is any information that can be used to identify you as a person.

Please read our privacy policy, which can be found here: https://newgardenroomcompany.com/privacy-policy/ for a detailed explanation of what personal data we collect and how we use it.

As an overview, we will use the personal data you give to us for the following reasons:

• To contact you regarding your order and to communicate with you throughout the order process;
• To keep in contact with you after we have completed the installation of your garden room to make sure you are happy with your purchase; and
• Where you agree to it, to send you information that we think you may find useful.

If you have any questions or concerns about how we are collecting and using your personal data, please contact us and we will happily discuss it with you.

General

We may transfer our rights and obligations under this agreement to someone else. This includes our right to use subcontractors to complete any installation work required.

The contract between us is personal to you and you cannot transfer it to anyone else without our consent. This also means that you are the only person to have rights under the contract and no one else can attempt to enforce any of the terms of this contract against us.

If, for whatever reason, a court decides that any term of this contract is unenforceable, then that specific term will be removed but the remainder of the contract shall remain fully in force and effect.

These terms, and the contract between us, are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

Unexpected Price Increases

Due to worldwide uncertainty in the construction/building industry at the present time leading to unexpected shortages and price increases to materials, we reserve the right to amend your quote if the price of materials needed increases significantly from the date of your quote to the time of installation. We will of course inform you of these increases and how it affects your quote prior to the start of your project and send you an amended quote for you to agree before we move forward. We want to assure you that unless we absolutely have to, we will not change from our original quote.

Complaints

New Garden Room Company is part of New Home Improvement Group. Here is or complaints procedure:

New Home Improvement Group is committed to providing a quality service and working in an open and accountable way that builds trust and respect. One of the ways in which we can continue to improve our service is by listening and responding to the views of our clients, and in particular by responding positively to complaints, and by putting mistakes right.

NHIG aim to ensure that:

• making a compliment or complaint is as easy as possible
• we welcome compliments, feedback and suggestions
• we treat a complaint as a clear expression of dissatisfaction with our service which calls for an immediate response
• we deal with it promptly, politely and, when appropriate, confidentially
• we respond in the right way – for example, with an explanation, or an apology where we have got things wrong, or information on any action taken etc.
• we learn from complaints, use them to improve our service, and review annually our complaints policy and procedures

Responsibilities

NHIG’s responsibility will be to:

• acknowledge the formal complaint in writing
• respond within a stated period of time(maximum of 21 days)
• identify the steps that will be taken in discussing, addressing and resolving the complaint
• deal reasonably and sensitively with the complaint
• aim to take action quickly(where appropriate) to prevent the complaint escalating. Complaint process will not be interminable
• Keep the client informed if there are any delays in resolving their request

A complainant’s responsibility is to:

• bring their complaint, in writing, to NHIG’s  attention normally within 8 weeks of the issue arising
• raise concerns promptly and directly with a member of staff in NHIG
• explain the problem as clearly and as fully as possible, including any action taken to date
• allow NHIG a reasonable time to deal with the matter, and
• recognise that some circumstances may be beyond NHIG’s control.

Confidentiality:

Except in exceptional circumstances, every attempt will be made to ensure that both the complainant and NHIG maintain confidentiality. However, the circumstances giving rise to the complaint may be such that it may not be possible to maintain confidentiality (with each complaint judged on its own facts). Should this be the case, the situation will be explained to the complainant.

Registering a Complaint:

To enable us to investigate your complaint and provide you with a thorough response, we would welcome hearing from you by email to the Complaints Team: complaints@newhomeimprovement.group  or in writing to: New Home Improvement Group, Unit 3, Thames Park, Lester Way, Hithercroft Industrial Estate, Wallingford, Oxfordshire. OX10 9TA