Juliana Group Ltd Terms and Conditions

1. Interpretation

1.1. Definitions

When the following words with capital letters are used in these Terms, this is what they will mean;

Event Outside Our Control: is defined in clause 11.2.

You: The customer.

We/Our/Us: The Juliana Group Limited, The Distribution Centre Stoke Road, Stoke Orchard, Gloucestershire GL52 7RS (registered in England and Wales with Company Number 01886856). VAT number GB408674828.

Goods: The Goods that We are selling to You as set out in the Order.

Order: Your Order for the Goods as set out in Your purchase Order form or in Your written acceptance of our quotation, as the case may be.

Terms: The terms and conditions set out in this document.

2. Definitions & Specifications

2.1. Generic Greenhouse Definition

2.1.1. Greenhouses also called glasshouses, are structures enclosed with large expanses of glass designed to house plants and create optimum growing conditions. In doing so the glass allows exposure to daylight capturing heat while offering protection from freezing temperatures.

2.1.2. Ventilation is of the utmost importance for a greenhouse. The main purpose of ventilation is to regulate the temperature and humidity to the optimal level, and to ensure movement of air. If there is no proper ventilation, greenhouses and plants can become prone to problems.

2.1.3. Greenhouses are such that they are not guaranteed to be 100% watertight or draught proof. This is standard in greenhouse design as customary horticultural use does not demand this. During rainfall some water ingress may occur.

2.2. Western Red Cedar (WRC) Greenhouse Specifics

2.2.1. WRC is extremely durable, long-lasting and one of the most popular materials for garden building construction, resulting in a rising trend in Cedar garden offices and furniture. The average life expectancy is commonly between 15 to 30 years if maintained properly. It’s natural characteristics make it resistant to moisture, warping, rot, and insects making it ideal for greenhouses. WRC is a natural material, and by its very nature is porous and hygroscopic. This means when first exposed to the elements it absorbs and releases water, this process gradually reduces over time until reaching a static point of no reaction. At this point, the material is said to have reached equilibrium with the humidity and temperature of the surrounding environment. The preserving qualities of WRC’s natural oils and tannins make it naturally more resistant to rot than other timber types, increasing its lifespan and eliminating the need for chemical or drying treatments. Tannins are water-soluble extractives present in some species of timber including WRC. Moisture permeating through the timber will bring these tannins to the surface, causing black or brownish staining. This staining stage will progress with the action of UV sunlight until it gradually transitions to an even silvery grey patina. Due to the natural characteristics mentioned in clauses 2.2.1 -, precautions should be taken when fitting electricals within the greenhouse. Exterior grade or high IP rated fixtures and fittings are recommended for safety. WRC though of the same species, naturally varies in colour from golden yellow tones to pinkish-reds and every colour in between.

2.2.2. To maintain the original colour of freshly milled WRC and avoid the natural colour changes mentioned in clause We recommend using a UV protection oil applied immediately after construction of the greenhouse. These preserving oils have been developed to reduce the effects of weathering whilst maintaining the wood's original appearance. This treatment will need reapplication at regular intervals to maintain the desired effect. Please refer to the instructions of the UV protection oil You decide to use.

3. Our Contract with You

3.1. These are the Terms on which We supply Goods to You.

3.2. Please ensure You check the provided quotation and specification sheet carefully and these to ensure the Goods stated are complete and accurate. Once You are happy with the quotation and Terms and Conditions, sign and return the specification sheet and T&Cs to Us. If You think there is a mistake or any changes required, please contact Us to discuss.

3.3. Once You have returned the signed documents to Us as described in clause 3.2 a mandatory deposit payment is required. We will check the documents and create an order while supplying You with a down payment invoice to pay the deposit against creating a legally binding agreement between You and Us. We will then supply You with an Order confirmation detailing the specifics of the agreed details and the instructions You will need to provide your contractor with to prepare the base, foundations, or dwarf wall. Upon receipt of deposit the lead time will be provided.

3.4. If We are unable to supply You with the Goods in the Order, We will inform You of this in writing and We will not process the Order.

3.5. Please quote the Order number in all subsequent correspondence with Us relating to the Order.

4. Delivery and Installation of Goods

4.1. Please note that timescales for delivery will vary depending on the availability of the Goods and Your address. Please allow extra time for deliveries to the Scottish Highlands and Islands. We do not deliver outside the UK as standard.

4.2. We will confirm the initial lead time with your Order confirmation.

4.3. At the point we will manufacture the greenhouse, We will contact You to confirm the status of Your groundworks while confirming the order once again. We will also confirm entry to the site is adequate followed by greenhouse delivery timing and installation if required.

4.4. We will then be in contact with you after this point and request photos of the complete groundworks to review, to confirm installation can go ahead.

4.5. Occasionally Our delivery to You may be affected by an Event Outside Our Control. See clause 11 for Our responsibilities when this happens.

4.6. If no one is available at Your address to take delivery, We will leave the Goods in a prearranged place with the exception of Goods dispatched by courier where a signature is required.

4.7. Delivery of an Order will be complete when We deliver the Goods to the address You gave Us or a carrier organised by You collects the Goods. The Goods is Your responsibility from that time.

4.8. You own the Goods once We have received payment in full.

4.9. If You cannot take delivery of completed Goods at the agreed date, We can store Your Order for a maximum of 28 days at a charge of £100 per week as long as You notify us ten working days before the original delivery date is due. We reserve the right to refuse this offer if the Goods are too large for us to store or We do not have space available for storage at that time.

4.10. Delivery of Goods can be made by the curb side or to a site within the premises address providing photographic evidence has been provided and agreed to be suitable before the delivery date. We will contact You in advance for arrangement. This applies to all Goods whether installation is included or not.

5. Installation

5.1. Installation Your New Greenhouse

5.1.1. We aim to install your new greenhouse the same day or within seven working days after you receive delivery.

5.1.2. Our standard installation service is currently offered to UK mainland only.

5.1.3. Installations can be carried out outside our standard installation area if a special arrangement has been agreed in advance, however, an additional fee will be incurred to cover all the costs involved.

5.1.4. You will be contacted to arrange the delivery date. Once this is confirmed the anticipated installation date will be advised.

5.1.5. Installations are carried out from Monday to Friday excluding Bank Holidays. We do not offer a weekend installation service.

5.2. General Installation Conditions

5.2.1. All products are sold and supplied for self-assembly unless Installation is opted for.

5.2.2. Where an installation service option is opted for by You, this service will be undertaken at the stated cost.

5.2.3. The installation shall be carried out in a tidy and professional manner and in line with relevant Health and Safety guidelines.

5.2.4. If the installation is to be carried out at a building site or anywhere that requires any regulatory passes you will need to make your sales representative aware as this is not a standard practice within our industry. We will endeavour to meet your requirements, if possible, additional fees will be incurred to cover all the costs involved.

5.2.5. It is considered essential that You are available when the installation team arrive and when they have finished the greenhouse installation to ensure that the Goods are erected in the correct location and to Your satisfaction.

5.2.6. Upon completion the installation team will ask you to sign the job sheet, you should note on the sheet any concerns that you may have with the greenhouse at this point. Any issues that haven’t been noted at this point and a re-visit is required to resolve any issue, a call out fee will be incurred.

5.2.7. All rubbish and debris relating to the installation shall be removed by the installation team and the greenhouse shall be left tidy.

5.2.8. You will be responsible for general maintenance of the greenhouse and keeping it in good condition. General maintenance information can be found in the “looking after my new greenhouse” section in the Gabriel Ash Customer Handbook, or the “Caring for your Greenhouse” section on our website.

5.2.9. Sealing the greenhouse between the underside of the structure and the base / foundation You have prepared according to the base plan that You will have received from Us. It is not part of the standard installation to prevent water ingress from the surrounding area. If You wish for this to be done, provisions must be made and agreed with Us prior to the installation.

5.2.10. We shall not be liable for installation delays or failures caused by factors outside of our control including adverse weather conditions, road accidents, vehicle breakdown or personal illness.

5.2.11. Call out fees are chargeable from £75 +VAT.

5.3. Greenhouse Location

5.3.1. To ensure installation can be completed. It is Your responsibility to have the base / foundation in place, according to the base plan provided to You.

5.3.2. The base must be solid, square (diagonal measurements being equal) and level (by spirit level on straight edge for larger buildings). Ensure it measures no less than the dimensions stated on the base plan.

5.3.3. Ensure there is a minimum of 600mm (2’) unobstructed access all around the proposed site, with no trees, branches or similar encroaching upon the proposed site or working space.

5.3.4. Our professional installers, upon arrival at Your property, will carry out a thorough check of the bases levels and measurements to ensure the installation can proceed.

5.3.5. We must have clear external access, not height, nor turn limited, to allow passage of the Goods (measurements of largest item can be provided). Our products are mainly large and sectional, that may not fit through a standard pedestrian door. It is Your responsibility to notify any access concerns at point of Order.

5.3.6. In the interests of Health & Safety, our installers or contractors will not lift Goods over any walls, fences etc, or transited to other floors other than ground level. Unless agreed with Us prior to installation / delivery.

5.3.7. Failing to meet any of the above criteria an aborted installation fee will be incurred.

5.4. Installer Information

5.4.1. All installers employed by Us or on a subcontracted basis, are fully trained and have years’ experience of performing their duties.

5.4.2. Our installation team shall normally be onsite, travel dependent between 8:00am-9:00am, unless another time has been prearranged.

5.4.3. As our installations can take a day or more to complete, We request toilet facilities and fresh water are made available. If You are not comfortable with this, You must make Us aware.

5.4.4. Our installers use 18 volt tools allowing them to be self-sufficient, generally a power source is not required however we may request power usage for charging purposes only.

5.4.5. Aggressive behaviour towards a company representative, be it violent or abusive, will not be tolerated and will result in our installation team aborting the install which shall incur an aborted installation fee.

5.5. Vehicle Information

5.5.1. Our installation Teams vehicles are long wheel-based box vans. Please see dimensions provided below, check to ensure our vehicles can reach and park at Your property.

5.5.2. If parking requires permits or charges, it is Your responsibility to arrange this for the prearranged date of installation. If no arrangements have been made, we will have to abort the installation.

5.5.3. If no parking is available close to Your property our installation team will have to abort the installation.

5.5.4. Failing to meet any of the above criteria an aborted installation fee will be incurred.

5.6. Aborted Installation

5.6.1. If the installation team arrive and are not able to complete the installation of the greenhouse for any of the reasons detailed above, an aborted installation fee will be charged at £250 +VAT.

5.6.2. If for any reason the installation cannot be completed, the Goods can be left for self-assembly. In this instance, the ownership passes to You once the aborted installation fee has been paid.

5.6.3. The installers will not and do not have the facilities to take payment on site.

5.6.4. In the event of an aborted installation, We will contact You to arrange payment of the abort fee and schedule with You an alternative installation date if required.

5.7. Installation Terms & Conditions Expanded

5.7.1. For more detailed installation information please see the expanded installation T&C’S which are provided by Us when scheduling installation.

6. Seller's Guarantee of Goods

6.1. The guarantee of Goods commences from the date of delivery for a period of 12 years during which time the Goods shall be free from material defects. The Goods supplied to you shall:

6.1.1. Be of satisfactory quality.

6.1.2. Fit for purpose.

6.1.3. Match the description given to you prior to you placing your order.

6.2. This guarantee applies to the workmanship and construction of all Goods. However, this guarantee does not apply in the circumstances described in clause 6.3.

6.2.1. Third party accessories and moving parts, like auto vents We offer a two-year guarantee.

6.3. This guarantee does not apply to any defect in the Goods arising from:

6.3.1. Fair wear and tear. If You have purchased Gabriel Ash cedar Goods You should be aware western red cedar is a natural material, which will change colour over time, as typically as with all timber buildings in general, we are unable to accept responsibility for shrinkage, loss of knots, cracking, splitting or distortion. It possibly can mean that some adjustment may be required to windows and doors to ensure their correct function due to settling over time. The responsibility for this lies with the customer.

6.3.2. Wilful damage, abnormal storage or working conditions, accident, negligence, or lack of maintenance by You or any third party.

6.3.3. If You fail to operate or use the Goods in accordance with user instructions.

6.3.4. Any alteration or repair by You or a third party who is not one of Our authorised repairers.

6.3.5. Any specification provided by You.

6.3.6. Exclusions include, glazing, moving parts, accidental damage.

6.4. This guarantee is in addition to, and does not affect, Your legal rights in relation to Goods that are faulty or not as described. Advice about Your legal rights are available from Your local Citizens' Advice Bureau or Trading Standards office.

6.5. We reserve the right to modify components, accessories, technical specifications, and related documentation of the Goods at any time without notice as part of our policy of continuous development and improvement.

7. If the Goods are Faulty

7.1. If upon delivery of the Goods you discover there is a fault, missing or otherwise incorrect item please follow the procedure below using the following contact information. enquiries@gabrielash.com or phone: 01242 662926.

7.2. In the first instance notify Us via email informing Us of all information regarding the issue to be resolved. Include order numbers, customer name, full description, photographs, and diagrams as necessary.

7.3. Once a report has been received, We will contact You promptly to discuss and suggest solutions to rectify it at the earliest convenience. If it is decided there is an issue requiring an additional part or an installation revisit, We will decide the best course of action which will include a remedial plan along with a timescale to be agreed with You to rectify the issue.

7.4. If parts are required, We will produce and send the parts to an address of your choosing at Our expense and advise you of the timing for delivery.

7.5. If fitting has been requested as part of the original Order, We will arrange for the fitter to return at a convenient time for You and Us to fit or repair the issue at Our expense. If fitting has not been a part of the original Order, We will deliver the part at Our expense. We can provide a fitter in retrospect at the current price list charge.

7.6. We cannot reimburse any costs arising from a third party attempting to fit items or replaced a part that was not supplied by Us.

7.7. As a consumer, You have legal rights in relation to Goods that are faulty or not as described. Advice about Your legal rights are available from Your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

8. Price and Payment

8.1. The price of the Goods will be set out in Our quotation to You. Our prices may change at any time, but price changes will not affect accepted Orders that We have confirmed with You.

8.2. These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, We will adjust the rate of VAT that You pay, unless You have already paid for the Goods in full before the change in the rate of VAT takes effect.

8.3. Please note that delivery charges will vary depending on the location of Your address. You will be notified of all delivery charges in writing at the point of placing Your Order. We do not deliver outside the UK mainland.

8.4. Our Payment terms are 30% deposit at the time of order, and the balance of 70% will be taken approximately fourteen days prior to the agreed delivery date.

8.5. Where We are providing Goods to You, You must make payment for Goods by credit or debit card. We accept payment with Visa, Mastercard, Debit card or bank transfer (BACS). We will charge Your debit/credit card fourteen days before despatch. Accessory only order such as cold frames, water butts and spare parts and all Orders made online the full payment is taken at the time of Order. Delivery will only be made once full payment has been received.

8.6. If You dispute an invoice in good faith and contact us to let us know promptly, the Goods will not be despatched until a resolution is agreed.

9. Changes to the Order or These Terms

9.1. We may revise these Terms as a result of changes in relevant laws and regulatory requirements.

9.2. All products under the Gabriel Ash brand are made to Order and changes or cancellation can be made prior to 14 days before planned delivery/installation for any reason. Cancellation of any Orders are only valid in writing.

9.3. There will be an administration fee of £500 ex VAT for changes or cancelled greenhouse Orders. If changes or cancellation are within 14 days of installation/delivery, there will be an additional cancelation fee. We will notify You of the amended price in writing.

9.4. Cancelled Orders will be refunded minus administration charges at the soonest appropriate time, and We will confirm this in writing.

10. Our Liability to You

10.1. If We fail to comply with these Terms, We are responsible for any loss or damage you suffer that is a foreseeable result of Our breach of these Terms. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by you and Us at the time, We entered this contract.

10.2. We will make good any damage to Your property caused by Us during installation. However, We are not responsible for the cost of repairing any pre-existing faults or damage to Your property that We discover in the course of installation by Us.

10.3. We will only supply the Goods for domestic and private use. Should You use the Goods for any commercial, business or re-sale purpose, We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.

10.4. We do not exclude or limit in any way Our liability for:

10.4.1. Death or personal injury caused by Our negligence or the negligence of Our employees, agents, or subcontractors.

10.4.2. Fraud or fraudulent misrepresentation.

10.4.3. Breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession). 10.4.4. Breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples). 10.4.5. Defective products under the Consumer Protection Act 1987.

11. Events Outside Our Control – Force Majeure

11.1. An Event Outside Our Control means any act or event beyond Our reasonable control.

11.2. If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:

11.3. We will not be liable or responsible for any failure, or delay of Our obligations under these Terms that is caused by an Event Outside Our Control.

11.4. We will notify You as soon as reasonably possible; and

11.5. Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to You, We will arrange a new delivery date with You after the Event Outside Our Control is over.

11.6. You may cancel the contract if an Event Outside Our Control takes place and You no longer wish Us to provide the Goods. Please see Your cancellation rights under Clause 8. We will only cancel the contract if the Event Outside Our Control continues for longer than 25 weeks in accordance with Our cancellation rights in clause 9.

12. Returns Policy

12.1. All greenhouses are made to order and cannot therefore be returned. However, if for any reason You wish to return accessories such as cold frames, water butts or spare parts which are not part of a greenhouse Order, simply place it back unused and in its original packaging and return it to Us within 14 days of its delivery. We will refund You the purchase price less delivery or collection charges that we will agree prior to return/pickup. If items have been opened a 10% repackaging fee applies. Items will be refunded upon inspection and deemed to be in reasonable condition. We will contact You if We do not consider the product to be in resaleable condition.

12.2. You can return items to: Juliana Group Ltd, The Distribution Centre, Stoke Orchard, Cheltenham, GL52 7RS. All returns must be advised and accepted in writing.

13. Information About Us & How To Contact Us

13.1. We are Juliana Group Ltd. a company registered in England and Wales. Our company registration number is 01886856 and Our address is The Distribution Centre, Stoke Orchard, Cheltenham, GL52 7RS. The brands under the Juliana Group are Halls, Juliana, and Gabriel Ash.

13.2. If You have any questions or complaints, please contact Us by phoning Our customer service team at 01242 662 926 or e-mailing at enquiries@gabrielash.com

13.3. If You wish to contact Us in writing, please use the following address. FOA Gabriel Ash, The Juliana Group Ltd, The Distribution Centre, Stoke Orchard, Cheltenham, GL52 7RS or via email at enquiries@gabrielash.com

14. How We May Use Your Personal Information

14.1. We will use the personal information You provide Us to:

14.1.1. Provide the Goods.

Process Your payment for such Goods.

14.1.3. Inform You about similar products or services that We provide, but You may stop receiving these at any time by contacting us.

14.1.4. General Data Protection Regulation (GDPR) Privacy Policy.

14.1.5. We take the privacy of all staff, suppliers, customers, and prospects very seriously. In order to carry out our day-to-day business legally, safely and efficiently, We need to obtain and store personal as well as Corporate data. To allow us to send information and quotations to customers and interested parties We need to store contact details which typically include names, email addresses, telephone numbers and postal addresses. On initial contact through our website customers and prospects will be asked to confirm their agreement to this data collection via opting in. This information will be used to contact the interested party with quotations, samples, and other promotional literature they have requested. Periodically We may contact You with further offers. By agreeing to our terms, You agree to the capture and retention of such information that may identify You as an individual, understanding that it will be used lawfully in the furtherance of a legitimate interest in and by Gabriel Ash Ltd. Contact details will never be shared by us with third parties. For more information, please contact enquiries@gabrielash.com or telephone 01242 662 926.

15. Other Important Terms

15.1. We may transfer Our rights and obligations under these Terms to another organisation, and We will always tell You in writing if this happens, but this will not affect Your rights, or the obligations owed to You under these Terms and Conditions.

15.2. You may only transfer Your rights or Your obligations under these Terms to another person if We agree in writing.

15.3. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.4. If We fail to insist You perform any of Your obligations under these Terms, or do not enforce Our rights against You, or delay in doing so, it does not mean We have waived Our rights against You or mean You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and it will not mean We will automatically waive any later default by You.

15.5. These Terms are governed by English law. You and We both agree to submit to the nonexclusive jurisdiction of the English courts. However, if You are a resident of Northern Ireland, You may also bring proceedings in Northern Ireland, and if You are a resident of Scotland, You may also bring proceedings in Scotland.

15.6. The images of the Goods on Our website or in Our catalogue or brochure are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that Your computer's display of the colours or the printed pictures accurately reflect the colour of the Goods. Your Goods may vary slightly from those images.