This agreement applies as between you, the User of this site and Log Cabins Eire, (a trading division of Cabin Group M9 SL).
If you do not agree to be bound by these Terms and Conditions, you should NOT place any orders on this site.
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.
1. Definitions and Interpretation
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 advertises and / or makes available for sale through this Web Site; Log Cabins Eire (a trading division of Cabin Group M9 SL)
Service
means collectively any online facilities, tools, services or information that Log Cabins Eire makes available through the Web Site either now or in the future;
Payment Information
means any details required for the purchase of Goods from Log Cabins Eire.
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;
System
means any online communications infrastructure that Log Cabins Eire makes available through the Web Sites 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 Log Cabins Eire.
2. Age Restrictions
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.
5. Intellectual Property
5.1 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 Log Cabins Eire, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable Irish and International intellectual property and other laws.
5.2 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 Log Cabins Eire.
BREACHING THIS WILL RESULT IN IMMEDIATE ACTION BEING ENFORCED AGAINST YOU.
6. Use of Communications Facilities
6.1 When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
6.1.1 You must not use obscene or vulgar language
6.1.2 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;
6.1.3 You must not submit Content that is intended to promote or incite violence;
6.1.4 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;
6.1.5 The means by which you identify yourself must not violate these terms of use or any applicable laws;
6.1.6 You must not impersonate other people, particularly employees and representatives of Log Cabins Eire (a trading division of Cabin Group M9 SL) or our affiliates;
6.1.7 You must not use our System for unauthorised mass-communication such as spam or junk mail.
6.2 You acknowledge that Log Cabins Eire (a trading division of Cabin Group M9 SL) reserves the right to monitor any and all communications made to us or using our System.
7. Termination and Cancellation
7.1 Log Cabins Eire (a trading division of Cabin Group M9 SL) reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
7.2 If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
8. Goods, Pricing and Availability
8.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Log Cabins Eire correspond to the actual Goods, Log Cabins Eire is not responsible for any variations from these descriptions. 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.
8.2 Where appropriate, you may be required to select the required size, model, number and log thickness of the Goods that you are purchasing.
8.3 Log abins Eire does not represent or warrant that such Goods will be available. Stock indications *are not* provided on the Web Site.
8.4 All pricing information on the Web Site is correct at the time of going online. Log Cabins Eire 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.
8.5 In the event that prices are changed during the period between an order being placed for Goods and Log Cabins Eire processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
8.6 All prices on the Web Site include Value Added Tax unless stated otherwise or where shown less Value Added Tax.
9. Privacy
Use of the Web Site is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference.
10. Disclaimers
10.1 Log Cabins Eire (a trading division of Cabin Group M9 SL) 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.
10.2 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.
10.3 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
10.4 Wood is a natural raw material. It is subject to weathering and sometimes fungal attack. While we recommend various treatments, we cannot be held responsible for those natural processes should they occur.
11. Changes to the Service and these Terms and Conditions
Log Cabins Eire (a trading division of Cabin Group M9 SL) 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 Log Cabins Eire 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.
12. 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.
Log Cabins Eire 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.
13. Limitation of Liability
13.1 To the maximum extent permitted by law, Log Cabins Eire (a trading division of Cabin Group M9 SL) 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.
13.2 Nothing in these Terms and Conditions exclude or restricts Log Cabins Eire (a trading division of Cabin Group M9 SL) liability for death or personal injury resulting from any negligence or fraud on the part of Log Cabins Eire or any of our connected divisions or our companies of Cabin Group M9 SL.
13.3 Nothing in these Terms and Conditions excludes or restricts Log Cabins Eire (a trading division of Cabin Group M9 SL) 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.
13.4 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.
14. 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.
15. 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.
16. Notices
All notices / communications shall be given to us either by post to our Premises.
SUBJECT TO:
Contract:
1.1. By placing an order, you are consenting to these Terms and Conditions.
1.2. Our acceptance of your order brings into existence a legally binding contract.
1.3. Legal ownership of any goods will not pass to you until full payment has been received.
1.4. Should you obtain goods prior to full order payment, you accept that we retain the right to demand and receive immediate settlement of outstanding payment prior to transfer of ownership, or grant us unrestricted access to reclaim the goods. At this point a cancellation process shall be instigated.
Payment:
2.1. All prices shown on our website or price lists are in (€) Euro, and include VAT at the current rate, errors and omission excepted.
2.2. Delivery is not included in the price unless stated otherwise, and an additional charge is applicable depending upon the delivery area and goods/services ordered.
2.3. You shall be notified prior to acceptance of the order if there is an amendment or alteration to the price of the goods or services.
2.4. The manufacturers reserve the right to change the specification of their products at any time. If the price has been amended or altered, you will be entitled to cancel the order and receive a full refund where applicable.
2.5. Non refundable deposit for goods or services must be made at the time of order.
Delivery:
3.1. We will arrange delivery of the goods at the earliest opportunity,
3.2. All delivery dates or lead times stated are approximate, and are given by 'The Company' in good faith for indication purposes only. We cannot guarantee specific delivery dates or delivery times, and cannot be held responsible for delays which are outwith our direct control, including (but not limited to) manufacturing problems and third party contracted companies.
3.3. We shall not be responsible for any delays caused due to incorrect or incomplete information being submitted by ‘The Customer’.
3.4. Deliveries shall be made to the roadside only, and it shall be at the discretion of the delivery driver to move the goods to an alternative point at the delivery property.
3.5. It is your responsibility to provide suitable access for delivery, and notify us of any concerns, in writing, at the point of order. In this instance, you will be liable for any failed or return delivery charges.
3.6. A valid signature from you or your representative is required upon delivery, at which point you bear all responsibility and risk.
3.6.1. If you are not available to sign for the goods upon delivery, prior written acceptance of responsibility must be authorised by us allowing the goods to be left unattended. If written acceptance of responsibility is not received prior to delivery, you will be liable for the failed and/or return delivery charges.
3.7. Goods must be examined within a reasonable time of delivery, and all damages or shortages must be reported as soon as possible by telephone to our number listed on the delivery document or the number from our website, and thereafter in writing. ‘The Company’ will not accept any telephone claims which are not backed up immediately in writing.
3.7.1. No responsibility for transit damage will be accepted after 24hrs from time of delivery.
3.7.2. If damage has occurred to sectional goods during transit, each section will be classed as an individual item. We reserve the right to replace only the damaged sections, and can decline any replacement when damage has been caused by ‘The Customer’ through misuse, neglect, self-assembly, or incorrect storage. Minor superficial damage caused during transit will not be accepted as grounds for rejection.
3.8. You should not begin installation, or arrange any third-party installation until the product has been fully inspected for damage or missing parts. We shall not be liable for any costs incurred by 'The Customer', should they fail to inspect and satisfy themselves that the product is sound and complete prior to self-assembly.
Installation Service:
4.1. Some of our products are sold and supplied for self-assembly only, unless stated otherwise.
4.2. If an installation service is available, and has been requested, ‘The Customer’ must ensure that a flat, level and square base, capable of carrying considerable weight, has been provided.
4.2.1. The site should be clear of overhanging branches or obstructions, and have sufficient unobstructed access (minimum 600mm) around the site for the safe erecting and maintenance of the building. If the base does not meet the required standards, you will be liable for the aborted labour costs (10% of the product price or the initial installation fee, whichever is greater), and the product will be left for self-assembly.
4.2.2. Should ‘The Customer’ require a return installation service, a similar charge (10% of the product price or the initial installation fee, whichever is greater) must be paid prior to the subsequent visit being made.
4.3. ‘The Customer’ 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 4.2.1. and
4.2.2.) may be made. ‘The Customer’ will be liable for any costs incurred by the
installation team (metered parking etc.) during the installation period.
Cancellations:
5.1. If the goods have not been delivered, you can cancel the contract at anytime from the day the contract is made until the expiry of 14 days following the day after receipt of the goods (except as defined in 5.2.). Cancellations must be made in writing either by letter, fax or email.
5.1.1. An additional charge may be made if the order is cancelled after delivery has been scheduled by a third party.
5.2. ‘The Customer’ has no right to cancel at any time if the order includes special order items, bespoke or custom made, non-standard options, adaptations, or personalised preferences. Buildings ordered for delivery direct to the customer from overseas (e.g. log cabins) are non-returnable, and cannot be cancelled once shipping has commenced.
5.22 Deposits for bespoke, custom made buildings or where a confirmed purchase made by email or signed document is non-refundable.
5.3. Minor cosmetic damage, and natural variances in timber buildings such as knots, natural cracks and shakes are not classed as imperfections or flaws, and not classed as faulty.
5.4. We will not accept any return or cancellation if the goods have been altered, assembled, painted or customised in any way.
Liability:
6.1. We will not accept liability for any product which does not meet ‘The Customers’ required dimensions, unless the exact dimensions have been obtained in writing from us, prior to order. All sizes shown are quoted as approximate, and may be changed at any time.
6.2. ‘The Customer’ should check before ordering that the building will be suitable for it's intended purpose.
6.3. ‘The Company’ will not accept liability for issues caused by the installation of any product by a third party.
6.4. If you do not receive goods ordered within 60 days of the date ordered (unless a longer delivery time had been agreed), we shall have no liability to you unless notified in writing at our contact address of the problem within 60 days of the date on which you ordered the goods.
6.4. If we (or our suppliers) are unable to supply your order, we will refund you in full as soon as possible. We will not be obliged to pay any compensation for disappointment or inconvenience.
6.5. We will not be liable a) for losses that were unforeseeable to both parties when the contract was made, b) for losses that were not caused by any breach on the part of the supplier, c) for business losses and/or losses to non consumers. No liability for damage to property or belongings will be accepted in the event that the installers are required to access the site through a house or property (commercial or residential), ‘The Customer’ should ensure that all floor coverings are protected, and any valuables or breakable objects should be removed from the thoroughfare.
6.6. In the event that we arrange an installation service, no liability for damage to property or belongings will be accepted in the event that our installers are required to access the site through a house or property (commercial or residential), ‘The Customer’ should ensure that all floor coverings are protected, and any valuables or breakable objects have been removed from the thoroughfare.
Warranty:
7.1. All products are guaranteed for a period of 6 months from date of purchase. This is a parts-only guarantee, and no labour or installation costs are covered.
These Terms and Conditions do not affect your statutory rights as a consumer.
