MCD Home & Garden (UK) Ltd (trading as MCD Garden Sheds)
Terms and Conditions
1. Our Contract
1.1. These Terms and Conditions govern the supply of goods sold by MCD Home & Garden (UK) Ltd of Unit 12, Albion Road, Carlton Industrial Estate, Barnsley S71 3HW (“we” and “us”) to the customer (“you”) and constitute the entire and only agreement between us in relation thereto. 1.2. All orders placed by you are on the basis of these Terms and Conditions and are subject to acceptance by us by delivery of the goods to you at which point a legally binding contract is constituted between us. The processing of your payment and acknowledgement of your order does not constitute legal acceptance of your order.
2. Price & Payment
2.1. The price payable for the goods you order is as set out either over the phone or on our web site at the time you place your order, plus any charges for delivery & installation as advised to you. 2.2. We reserve the right to update the price of goods from time to time but we will confirm the prevailing price with you before accepting your order. We are not obliged to accept your order and may decline it or limit the order quantity of goods sold. 2.3. At no point will we offer retrospective discounts in relation to any sale after your order is placed. 2.4. Occasionally an error may occur and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price. 2.5. All orders are subject to a minimum 50% deposit upfront followed by the remainder being paid at least the day before dispatch of the goods. Orders placed online must be paid in full at the time of ordering – there is no option to pay a deposit if ordering on our website. 2.6. You may not withhold payment of any invoice or other amount due to us by reason of any right of set off or counter-claim, which you may have, or allege to have. 2.7. We shall be entitled at all times to set off any debt or claim which we may have against you against any sums due from you to us. 2.8. The format of our invoice and statements to you will solely be dictated by us and we will not enter into any variation of our format. 2.9. Any “Was” price displayed on the website shows the item’s previous selling price for a period of at least 30 days prior to the reduced price coming in to effect, unless otherwise stated. 2.10. Any outstanding balance on garden buildings must be cleared 24 hours before the installation date. Any alternative payment methods must be agreed prior to this in writing by a member of our team.
3.1. Delivery times of garden buildings quoted at the time of order are estimated and so cannot be guaranteed. Whilst we will make every effort to deliver within the estimated delivery time, occasionally deliveries may be affected by factors beyond our control.
4.1 Once your order is placed, our team will be in touch approximately 7 – 10 days before the workshop begin construction of your garden building to offer you the next available delivery and fitting date. Once you have confirmed the date with us it is booked into our fitting diary.
Unfortunately, after this is agreed, the date cannot be changed. If you tell us that the delivery date you have already confirmed is no longer suitable any outstanding balance is still due and payable and the garden building will be delivered on the agreed date but it will be left for self assembly. No refund will be due of any delivery and installation charge paid. 4.2 If an installation service has been requested, you must provide suitable access, and a flat, level and square base, capable of carrying considerable weight. It is important that your garden building is erected on an adequate base. It must be level, firm and square. If the base is not level, it could result in your doors twisting and sticking, walls to warp and the roof to become distorted. Buildings erected on unlevel bases will not be covered by a guarantee and it is the customer’s responsibility to check that the base is adequate before the date of fitting. MCD Home & Garden will NOT be held responsible for inadequate base preparation. Should the prepared ground not meet requirements set by MCD Home & Garden our fitters will leave the building for self assembly. If you wish for the installation to go ahead after you have been made aware that your base is unsuitable you will be asked to sign a disclaimer form on site voiding any warranty. Please be aware that fitting on an unlevel base may also mean that there are visible chocks and your building may be raised from the ground at certain points using slips of timber - our fitters do not carry enough spare timber to create skirting and the responsibility to do this is that of the customer. 4.3 We do not inspect the suitability of your base to support the building without ground movement. We do not check the integrity of the base. Our Installers are not engineers. Any problems with the products that arise from inadequate support from the base are the responsibility of the customer. 4.4 The site should be clear of overhanging branches or obstructions, and have sufficient unobstructed access around the site for the safe erecting and maintenance of the building. If access or the base is unsuitable, you will be liable for the aborted labour costs (100% of the initial delivery & installation fee), and the product will be left for self-assembly. 4.5 When ordering you will be asked about access to ensure that the installation is a safe as possible. Any height restrictions such as archways, over gate bars, any tight corners or steep steps need to be brought to our attention during the ordering process. We cannot lift panels over walls, outhouses, garages, fences, hedges, carports and other obstacles. When built as a full panel most will not fit through single doors so are not suitable for carrying through a house. Our fitters cannot carry these extremely heavy panels a long distance to gain access to your property for example down streets, across busy roads and around neighbouring properties. If you do have any access issues please let us know as we can generally accommodate with a couple of changes in the workshop (charge may apply). If we attend your property and the access is unsuitable the building may be left for self assembly. 4.6 Should you require a return installation service, a return charge (125% of the initial delivery & installation fee) must be paid prior to the subsequent visit being made. If you have received free delivery and installation and you require a return installation an £80 fee is payable prior to the subsequent visit. 4.7 You must ensure that the installer’s vehicle can be parked as close as possible to the installation site. If a parking area cannot be located nearby the site, the installation may be abandoned and a return charge (as defined in 4.4 and 4.6) will be made. 4.8 The responsibility to check whether planning consent is required is solely that of the customer. If you are unsure as to whether planning permission is required then we advise that you contact your local council’s planning department before purchasing. MCD Home & Garden UK Ltd accepts no liability for any planning issues that arise after your purchase.
5.Cancellation & Warranty Claims
5.1 If at any point the Customer wishes to cancel a Bespoke Order (i.e. Garden Shed(s) or any other Timber Garden Product(s) or any other specialist manufactured goods), then the 50% deposit will be non refundable. If payment has been made in full then you will only be entitled to a 50% refund, as
work will have already been carried out on your behalf. However we reserve the right to refuse your request for refund when full payments have been made when manufacturing bespoke work upon your instructions. 5.2 In the event of a manufacturing fault claim you will be required to email or post photographic evidence to Customer Services. This will provide us with the details to make a commercial decision to either repair or replace the goods. 5.3 Wood is a naturally variable raw material; its variances are not within our control and are therefore not considered defects. Grain characteristics like knots, open grain and medullary rays are all naturally occurring features and will not be considered grounds for rejection by a customer. All timber is subject to environmental changes such as shrinkage in warm / hot weather and expansion in damp / wet weather, this again is not a defect but a natural characteristic of wood and is not grounds for rejection and is not covered by the timber guarantee. All of our timber is planed and comparatively smooth. If you require a smoother finish you may wish to sand some of the timbers, but this is an individual choice. In some cases, customers have contacted us about perceived surface problems which can be easily resolved by simply sanding the affected area. In such cases we advise and would expect a customer to do so. Likewise, with minor gaps in timber and knot holes which can be simply resolved by adding wood filler and then sanding. 5.4 All quoted dimensions are approximate and for guidance only. If you require exact measurements please contact us and request them in writing before you place an order. 5.5 Timber is a natural product and the building will ‘settle’. As a result splits, cracks and movement of timbers may occur after installation, and adjustments may become necessary (including adjustments to; the doors and windows etc). Such adjustments and/or repairs are not part of the installation service and should be carried out by the customer, this is regarded as maintenance of the building/product, please see section 10 for further information. 5.6 Our warranty does not cover damage caused to products by adverse weather conditions, wind, rain or other forces of nature, accidents, improper self- assembly or disassembly or damage caused during your routine maintenance, or any abuse, misuse or neglect by the user.
6.1. If you have notified us of a problem with your garden building within 30 days of delivery, we will (subject to clause 5.2) replace or repair any goods that are damaged or defective upon delivery. 6.2. We shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. Our liability to you shall not in any event include losses related to any business of yours, such as loss of profits or business interruption; neither will we be responsible to you for any other loss which is not a foreseeable consequence of us being in breach of these Terms and Conditions or our legal duties. 6.3. This does not affect your statutory rights if you are a consumer, nor is it intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence. 6.4. If you are a trade customer we will not be responsible to you or, in the event that you are undertaking work for another person, to any other person, for the use or installation of any goods by you. Accordingly, if you are a trade customer, you hereby agree to hold us harmless, and indemnify us against any liability associated with, any claim or allegation that we are responsible for any failings in the installation or use of goods that we supply. 6.5 You must not schedule any works (such as electrical installations or insulating) until after your building installation has been completed.
7.1. We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to
pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency. Upon termination, any payments you owe to us (even if they are not yet due for payment) will be immediately due and payable and we shall be under no further obligation to supply goods to you.
8.1. We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to goods supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, strikes, lockouts and other industrial disputes).
9.1. If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with English law.
10. Care & Maintenance
10.1 You will be provided with a care guide by email after placing your order which details how to keep your garden building in great condition. This details treatment, adjustments / maintenance and guttering. You must adhere to the directives within the guide to ensure your warranty is not invalidated. 10.2 All timber used in our manufacturing process is brand new, freshly cut timber. The first couple of months of your garden building being exposed to the elements is the time that most characteristic changes will occur. After the timber has aged and settled you are less likely to see significant changes. 10.3 All of our timber is supplied pressure treated, however this does not make timber waterproof. You will need to coat your building using a weatherproof preservative that is suitable for use on outdoor treated timber. Always follow the manufacturer’s instructions and re-coat according to their advice. 10.4 Any knots and splits that appear are due to the natural drying and settling process and not considered a defect. Use a natural coloured wood filler to fill these in. Please follow the manufacturer’s instructions on any product that you use. 10.5 Your door bolt may need realigning after the shed has settled. To do this remove a couple of screws, re-align the bolt and fasten into the new position making sure the bolt opens smoothly. 10.6 It may be necessary to reseal the windows using a clear weatherproof silicone where the acrylic meets the timber frame after the shed has settled. 10.7 We always advise to fit guttering to your new garden building. This allows you to direct the water runoff to the best drainage or to a water butt.
11. Customised buildings 11.1 We build all of our garden buildings to order. 11.2 Any customisations you request will be completed with the materials that we supply as part of our standard specification. We will endeavour to keep to your requested layout but please be aware that slight differences may occur due to the width of the timber, roof material, framing etc that we use. 11.3 It is common for us to receive a picture from a customer of a garden building that has been made by a different supplier and they ask us to replicate the layout to match, this can be done but as in 11.2 we cannot guarantee the exact same finished look.