IMPORTANT LEGAL NOTICE - Our Terms & Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which We sell any of the Tiny Homes or related Kits (Products) listed on our website (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
1.1. www.thetinyhousing.co is a site operated by “The Tiny Housing Co Ltd”. We are a registered company, email address is: contact@thetinyhousing.co
2. SERVICE AVAILABILITY
2.1. We accept orders from only the United Kingdom (U.K), European Economic Area (“EEA”) (the “Serviced Countries”) & North America.
3. YOUR STATUS
By placing an order through our site, via Email or on the Phone, you warrant that:
3.1.1. You are legally capable of entering into binding contracts;
3.1.2. You are at least 18 years old; and,
3.1.3. You are resident in one of the Serviced Countries.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1. After placing an order, you will receive an email from us acknowledging that We have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to availability and acceptance by us, and We will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been scheduled for production (the “Production Confirmation”). The contract between us (“Contract”) will only be formed when We send you the Build Deposit Email or a corresponding email stating that we’ve accepted the purchase of a Product/Service.
4.2. We will not process your order until the initial 40% payment has been received in full in accordance with the provisions of clause 7.5, unless the deposit is paid 60 days before the agreed construction date resulting in the confirmation of your order. If you make a mistake with your order, you may be able to correct any mistakes made by telephone prior to your order being processed. If your order has already been processed you will be unable to amend your order.
4.3. The Contract will relate only to those Products whose dispatch We have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
4.5. We are entitled to refuse any order made by you for any reason.
4.6. When making a request you undertake that all details you provide to us requesting goods or services are true and accurate, that you are an authorised user of the credit or debit card used to make your request and that there are sufficient funds to cover the cost of the goods and services. It is your responsibility to inform us of any changes to these details as soon as possible.
5. CONSUMER RIGHTS
5.1. If you are contracting as a consumer, and at the time of receipt of the Product, you find there to be an error, a fault or a discrepancy with your order, you may seek to have the issue fixed or replaced, within one day after receiving your order. If the Product is not fit for purpose, damaged or broken, then you’re within your right to cancel the order with confirmation of the cancellation written in writing via email, beginning on the day that you received the Products. If there is a fault with the Product, then we will aim to fix the fault first, by either arranging a local tradesman to solve the issue or the consumer arranging the local tradesman to solve the issue. If the issue cannot be fixed, and this causes the Product to be unusable in its current state, then we will proceed to arrange a refund. In this case, you will receive a full refund of the price paid for the Product in accordance with our Returns Policy within a reasonable allotted period.
6. AVAILABILITY AND DELIVERY
Delivery will be offered once the product is completed & checked by our team, and any estimates of delivery or completion of the product cannot be relied upon and as such will only be an estimate hereinout, that is subject to change. The delivery of the product will be coordinated with the customer for the following; a) the haulage firm’s available date & times and b) the customer availability to take receipt of the product. Once the delivery slot has been confirmed with the customer, it is the customer’s responsibility to be available to take receipt of the Product on the day agreed upon. If the customer doesn’t take receipt of the Product, then the cost of return and redelivery will be the customer’s responsibility, including the additional cost.
7. PRICE AND PAYMENT
7.1. The price payable for the Products shall be as shown on the quote given to the Customer. Prices advertised on the Website & on the Quote include UK Reduced VAT (5%) unless stated otherwise but exclude delivery charges. Delivery charges are shown separately when ordering and must also be paid in advance.
7.2. Payment shall be made by you by the means specified on the Quote, typically via BACS (bank transfer) and shall not be deemed to be made until We have received cleared funds in respect of the full amount stated in the order.
7.3. Prices are subject to change without notice but changes will not affect orders which We have already accepted.
7.4. Our site contains a variety of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced, or information that might be out of date. We will normally verify prices as part of our purchasing procedures so that, where a Product’s correct price is less than our stated price, we will then refer only to the price offered on the official quote.
7.5. The terms of the contract stipulate that the Customer will pay a 10% installment to the value of 10% of the total order value, in order to secure the factory floorspace & begin the pre-construction procurement process, to enable the contract between both parties which is non-refundable. The Customer, is then required to pay 40% of the total value, 6 weeks prior to the estimated construction start date, and once the construction begins, the Customer will pay a further 40% of the total value on that day. The Customer will be invited to either see their Product via video conferencing software or in-person, to confirm their approval of the Product’s specification. If the Customer approves the Product, we will arrange the Delivery along with the Customer (delivery is not included in the total value of the Product), and upon confirmation of the delivery being arranged, the Customer will be required to a) pay for the delivery fee within 48 hours before the delivery is made and b) the final 10% of the Product’s total value, before 48 hours of the delivery being made. If the customer does not make the payments within the agreed-upon times, then We are within our right to stop production and if necessary, charge a fee for the delaying of payment equal to 1% interest until payment has been made.
8. OUR REFUND POLICY
8.1. For details on refunds, please refer to our Refund Policy.
9. OUR LIABILITY
9.1. If We do not deliver or if the Products We deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, our only obligation will be, at our option to :
9.1.1. make good any shortage or non-delivery or incorrect delivery; or
9.1.2. Attempt to fix or have a 3rd party fix the problem, and if that fails, to replace any Products that are damaged or defective; or if all fails,
9.1.3. refund to you the amount paid by you for the Products in question within a reasonable time frame.
9.2. We shall have no liability to you for any consequential, special or indirect losses including without limit loss of revenues, profits, contracts, rent, personal outgoings, business or anticipated savings damage to or loss of goodwill, reputation or data.
9.3. Without prejudice to the foregoing, our total aggregate liability to you under and/or arising in relation to this contract shall not exceed the amount paid by you for the Products.
9.4. Nothing in this contract shall exclude or limit our liability for death or personal injury due to our negligence or any liability which is due to our fraud or any other liability which We are not permitted to exclude or limit as a matter of law.
9.5. Nothing in this contract shall exclude or limit your statutory rights.
9.6 Any representations, including renders of the Product or Photos, do not in any way relate to the final Product's specification, and as such, cannot be relied upon. The floorplan, design & specification presented to the Customer is the Product Specification agreed upon and as such, may differ from other Products sold to other Customers, or shown on our Website.
9.7. Any Bespoke Products or Bespoke Designs that are agreed upon with the Customer, cannot change after the Specification has been confirmed. If changes are requested, they can be rejected by Us, however, if the changes are reasonable, we will at our convenience, accept these changes however a reasonable charge for these changes will be required in order to continue with the Bespoke Design Process or Product manufacturing.
9.8. Any Bespoke Design or DIY SIP Kit is solely the responsibility of the Customer to ensure that they are fit to use, have the correct skills & knowledge in architectural practices or construction, to ensure that it meets all U.K Law, regulations & requirements, especially if they chose to use the Bespoke Design & or SIP Kit provided by Us, to construct any form of structure which may be used for human habitation or other potential uses. We accept no liability of the design work provided once confirmed by the Customer, if there are future complications with the design work or irregularities. We also do not accept any responsibility or liability of the Customer, if they embark on a self-build or DIY SIP Kit build project, which causes them loss, damage or harm - the Customer accepts full responsibility in this regard.
10. INTELLECTUAL PROPERTY RIGHTS
All and any Intellectual Property Rights in connection with the Products shall be owned by Us absolutely.
11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications We send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that We provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12. NOTICES
All notices given by you to us must be given to us at contact@thetinyhousing.co - We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1. The contract between you and us is binding on you and us and on our respective successors and assigns.
13.2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14. EVENTS OUTSIDE OUR CONTROL
14.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
14.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
14.2.1. Strikes, lock-outs or other industrial action.
14.2.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
14.2.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters.
14.2.4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.2.5. Impossibility of the use of public or private telecommunications networks.
14.2.6. The acts, decrees, legislation, regulations or restrictions of any government.
14.2.7. Covid-19 related delays, lockdowns, restriction of movements or other impacts from the Pandemic which limits our ability to trade, and deliver on our Product to you, the Customer.
14.2.8. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15. WAIVER
15.1. If We fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
16. SEVERABILITY
16.1. If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16.2. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
17. TRANSFER OF OWNERSHIP
17.1 Upon receipt of the Product, if the Customer accepts the delivery and does not inform Us of any issues, problems, incorrect quantities or the specification within 1 working day, it will be assumed that the Customer accepts the Product and therefore the transfer of ownership transfers from Us (the Trader) to the Customer.
17.2. The transfer of ownership of the Product, is only transferred after the final payment has been received by Us (the Trader). If the final payment is not made, for any reason, or withheld, then the ownership of the Product stays with Us (the Trader), then as stated above in section 7.5, We are within our right to stop production, if production has not already been completed, and if necessary, charge a fee for the delaying of payment equal to 1% interest of the total value of the final payment until payment has been made.
18. ENTIRE AGREEMENT
18.1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
18.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
19.1. We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities or for any other reason in our sole discretion which We may decide.
19.2. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if We notify you of the change to those policies or these terms and conditions before We send you the Dispatch Confirmation (in which case We have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
20. LAW AND JURISDICTION
These terms and conditions are to be construed in accordance with the laws of England and Wales and irrespective of your place of domicile, in the event of any dispute associated with these terms and conditions, that dispute shall be subject to the exclusive jurisdiction of the English Courts