- 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.
- 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 25% 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. If the outstanding balance is not cleared within this timescale, your delivery & fitting will not take place and you will begin to accrue storage charges of £10 per day until the balance is cleared and installation date is rearranged. Any
alternative payment methods must be agreed prior to this in writing by a member of our team
- Delivery
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. Due to the number of orders on our books at one time we do not give updates. As soon as we can offer you a date, we will be in touch via phone to arrange this.
3.2 The information in 3.2 is for mini-sheds/garden tidy only. Mini-shed delivery is by 3rd party courier on an all day call, we cannot give approximate arrival times. Due to the size of your garden tidy it will be delivered on a pallet and left kerbside. It is your responsibility to get the mini-shed into your property. You must check the contents
thoroughly before signing for the delivery. If you have signed for the goods as having arrived in good condition we cannot claim for any damage and will not cover the costs of repair / replacement parts. The pallet on which the mini-shed is delivered is left with you and the courier will not take this away.
4.Installation Service
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. It is not necessary to contact us prior to this to ask for updates, we will be in touch as soon as required. 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. You must check that your base is level with an instrument capable of checking that the base is perfectly horizontal. 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 may 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 If you have purchased the MCD EZ base the following conditions apply:
4.4.1 MCD EZ base must be pre-ordered and cannot be offered on-site. An EZ base cannot be installed on ground that holds water or collects excess water during rainfall. If the EZ base is to be installed on soft ground, this ground must not be loose soil / flower beds etc. Any soil must be compacted well to be able to hold the weight of the building. An EZ base is not suitable for use on compacted hardcore as this is too variable for legs and too compact for stakes. If your ground preparation is inadequate or the ground is not suitable the building will be left for self assembly. No refund will be due of any delivery and installation charge paid.
4.4.2 The maximum that the ground can be out of level, from the highest point to the lowest point, is 30cm/12”/ 1 foot. If you require clarification of this please contact our team via email on sales@mcdgardensheds.co.uk. If our fitters arrive onsite and the prepared ground does not meet this requirement our fitters will leave the building for self assembly. No refund will be due of any delivery and installation charge paid. We do not offer a return installation service in this case.
4.4.3 The MCD EZ base is not clad as standard, our fitters do not carry enough spare timber to create skirting and the responsibility to do this is that of the customer. Should you require this service, it must be pre purchased. Contact our sales team for prices.
4.4.4 The MCD EZ base, like all newly laid foundations, is subject to settlement. Settlement is not a cause for concern. As per clause 5.7 any adjustments that may become necessary after the building and EZ base have settled are not part of the installation service and should be carried out by the customer.
4.5 The site should be clear of overhanging branches or obstructions, excess animal excrement and general clutter and have sufficient unobstructed access around the site for the safe erecting and maintenance of the building e.g an 8ft wide building will not fit in an 8ft wide gap.
4.6 If the base is unsuitable, you will be liable for the aborted labour costs (100% of the initial delivery & installation fee), and the product may be left for self-assembly. You may be given the option to purchase an EZ base after you have been told we cannot install on your current base (if site conditions permit), a charge of 150% of the initial delivery and installation fee plus the cost of the EZ base will be payable before we schedule your return visit. If you have benefitted from free delivery and fitting a charge of £150 and the cost of the EZ base is payable before we will schedule your return installation visit.
4.7 When ordering you will be asked about access to ensure that the installation is as 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 will be left for self assembly. We do not offer a return installation service in this case.
4.8 You must ensure that the installer’s vehicle can be parked as close as possible to the installation site. We cannot drive across or park in fields or soft, boggy ground. If a parking area cannot be located nearby the site, the installation may be abandoned and the building left for self assembly.
4.9 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. Not all of our buildings are under 2.5m, if you require specific height/dimension information please request this in writing within 14 days of placing your order. Different planning rules apply depending on many variables therefore we do not give any advice regarding these issues.
4.10 Wet weather does not hamper our installation process. If your building is installed on a wet or particularly damp day, the fitters have encountered wet weather during their journey to you or it has been stored in our yard during bad weather then naturally the inside of your building will be wet. Once the installation is complete you will need to allow your building to dry out fully before you use your building or do any further work on the inside such as insulation or lining.
The best way to dry the building is to allow natural airflow by leaving your doors and windows open as much as possible during dry weather. The buildings are stored, prior to installation, horizontally in our yard. If we have had rain before your fitting date, gravity will allow the water to filter downwards once vertical. The above instructions are to be followed in this case also. The silicone used to seal the windows may not adhere correctly during wet weather therefore you may need to reseal your windows once the building has dried out fully.
4.11 If you ask us to bring your building through your home or a neighbours property/garden or the access is restricted this is at your own risk. In these circumstances, any accidental damage caused by getting the components into position will not be covered by MCD.
4.12 You will be asked to sign our fitters’ job sheet to confirm that the installation and build quality is to your satisfaction. If you contact us after the installation team have left site but have signed the work off there will be a return charge (minimum £80) for any remedial work that could have been done during the installation. If you have asked someone else to attend during the installation, they will be asked to sign off the building and the same condition applies.
5.Cancellation & Warranty Claims
5.1 All of our garden buildings are made to order / bespoke. If you do not wish to continue with your order then the deposit will be non refundable as work will have been carried out on your behalf.
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.
Different sections of your building may be made from differing bales of timber; sometimes the cladding may differ in colour, finish and may not be perfectly aligned with the adjacent panel. This is not considered a fault and not grounds for rejection/replacement. All visible joints are covered with a trim. 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 Minor imperfections to the steel roof can be caused during any stage of the manufacturing, transporting and installing process. Any minor blemishes, creases or scratches to the steel roof are not considered a fault and we will not replace any roof sheets for these reasons.
5.5 Minor imperfections to the internal lining can be caused during any stage of the manufacturing, transporting and installing process. Any small tears are not considered a fault and we will not replace or cover the lining in these cases. 5.6 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.
5.7 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 and not covered by the timber guarantee, please see section 10 for further information.
5.8 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.
5.9 Our building designs may evolve over time and as such there may be minor cosmetic differences between the products displayed in our showroom and on our website. Any such changes do not constitute a fault and will not be considered as grounds for rejection.
6.Liability
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.Termination
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.Force Majeure
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, pandemics, strikes, lockouts and other industrial disputes).
9.General
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.
- 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. The advice we give you is the advice you should follow. Guidance you can read elsewhere online or any
suggestions from individuals not connected to MCD Home & Garden may not apply to our buildings and should be regarded as irrelevant.
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. We recommend to do this within 8 weeks of installation, as soon as the timber is completely dry. 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 and/or hinges 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. This is classed as maintenance and will not be done by MCD.
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.
10.8 Thumb turns are fitted to double doors only. They must be used at all times that the doors are closed. This stops the leading door twisting in changeable weather.
10.9 If your building has joiner made doors (single or double) the inside of the door will need protecting at the same time as the outside – this is to prevent excess shrinkage/expansion. As with all timber components, joiner made doors are subject to natural changes which we have no control over. You will need to maintain this door just as you would a standard shed door which may include adjusting hinges etc. If the timbers shrink in dry weather you may find it helpful to add a draught strip between the doors to allow the doors to expand again during damper weather periods. Your door/s will work perfectly at the point of installation, any future maintenance is the responsibility of the customer.
10.10 After a dry spell your cladding may shrink, twist and/or warp and expose areas that have not been painted, this is beyond the control of MCD and is not covered by the timber guarantee. These boards will expand again during damp/humid/wet weather. If there is a sudden downpour after a dry spell, you may see evidence of water ingress, even if you have painted your building, again this is due to shrinkage, one of the natural characteristics of timber and is not covered under the guarantee.
10.11 Our garden building fitters are employed to install your buildings and do not give advise on care & maintenance. You should refer to your care guide or our customer service team if you have any queries regarding your building. If you ask the fitting team for this advice, their response is their own opinion and may not be representative of the advice that MCD Home & Garden endorse. Only information given to you in writing by MCD should be followed.
- 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.
11.4 If you want to clad or insulate the building internally but have not chosen to purchase these options through MCD then you may need to install extra timber framing to facilitate this. MCD do not supply this as standard as the cost of the extra framing is an element of the cost of the cladding service we supply.
- Service with respect
12.1 Our staff will always treat you with respect and we expect the same in return. Our fitters and office staff have the right to work in an environment free of abuse and harassment and we operate a zero-tolerance policy.
12.2 The Health and Safety Executive (HSE) define a violent or aggressive incident as:
‘Any incident in which a person is abused, threatened or assaulted in circumstances relating to their work. This can include verbal abuse or threats as well as physical attacks.’
They define an incident as: ‘An unwanted, unplanned event that has the potential to cause harm/injury.’ Examples of unacceptable behaviour are summarised below:
- Violence can be physical, or non- physical including threats, abusive behaviour and language (verbal and written), escalating agitation and intimidating body language.
- Unreasonable demands – a demand becomes unreasonable when it impacts substantially on our work. Examples of this may include, repeatedly demanding responses within an unreasonable timescale or insisting on seeing or speaking to a particular member of staff when that is not possible or appropriate.
- Unreasonable levels of contact – volume and duration of contact with our staff by an individual that causes problems for the employee or the Company. This can occur over a short period, for example, a number of calls in one day or one hour.
- Unreasonable use of processes – for example, the complaints process, where someone uses the complaints procedure to challenge professional judgments of our staff or where they use it repeatedly to raise the same issues that we have already investigated.
12.3 Our staff are encouraged to report abusive behaviour and one or more of the following may be a consequence;
We cancel your order without notice.
Your building is left for self assembly or the fitting abandoned
Your email address and/or phone number is blocked by our IT team.
Copyright
The technology underlying, and the entire content included in, the Website, including but not limited to text, graphics or code is copyrighted as a collective work under the Irish and other copyright laws, and is the property of MCD Home & Garden Ltd and is protected by copyright and other intellectual property or proprietary rights.
Trademarks
All trademarks, service marks, and trade names of MCD Home & Garden Ltd & MCD Garden Sheds are trademarks or registered trademarks of MCD Home & Garden Ltd.
