UK Terms and Conditions
1. Interpretation
1.1. Definitions
When the following words with capital letters are used in these Terms and Conditions, this is what they will mean;
Event Outside Our Control: is defined in clause 12.
You/Your: The customer.
We/Our/Us: Gabriel Ash, a brand of Juliana Group Limited, The Distribution Centre Stoke Road, Stoke Orchard, Gloucestershire, GL52 7RS, United Kingdom (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/s: 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 and Conditions: The Terms and Conditions set out in this document.
1.2. When We use the words "writing" or "written" in these Terms and Conditions, this will include e-mail unless We say otherwise.
2. Definitions & Specifications
2.1.3. Greenhouses 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 Greenhouse Specifics
2.2.1. Western Red Cedar 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. The natural characteristics make it resistant to moisture, warping, rot, and insects making it ideal for greenhouses.
2.2.2. Being a natural material, characteristic defects may be present. These include, but are not limited to, live knots, splay knots, arris knots or cup shakes. These are non-structural imperfections meaning they will only add character and will not affect the longevity of the structure.
2.2.3. We work to a manufacturing tolerance of +/- 2mm to help mitigate the effects of natural expansion and contraction. These characteristics are common within the timber industry and may cause slight gaps between panels.
2.2.4. Western Red Cedar 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.
2.2.5. The preserving qualities of Western Red Cedar’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.
2.2.5.1. Tannins are water-soluble extractives present in some species of timber including Western Red Cedar. 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.
2.2.6. Due to the natural characteristics mentioned in clause 2.2.4, precautions should be taken when fitting electricals within the greenhouse. Exterior grade or high IP rated fixtures and fittings are recommended for safety.
2.2.7. Western Red Cedar naturally varies in colour from golden yellow tones to pinkish-reds and every colour in between. We don’t proactively try to colour match timbers as We feel this can take away from the unique look and feel of every greenhouse We manufacture.2.2.7.1. To maintain the original colour of freshly milled Western Red Cedar, reducing water permeation while slowing the natural colour changes, mentioned in clauses 2.2.4 and 2.2.5. 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.
2.2.8. Due to the natural characteristics of a greenhouse mentioned in clause 2.2.1, previsions regarding drainage should be considered.
3. Our Contract with You
3.1. These are the Terms and Conditions on which We supply Goods to You.
3.2. Please ensure You check the provided quotation and specification sheet carefully to ensure the Goods stated are complete and accurate. Once You have read the Terms and Conditions and are happy to proceed with the quotation, please sign the specification sheet and the Terms and Conditions and return to Us. If You think there is a mistake or require any changes, 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. The documents will be checked, and an Order created. We will then supply You with an Order confirmation and a down payment invoice to pay the deposit. Upon receipt of deposit the lead time will be confirmed.
3.4. We will then provide You with the base plan for Your chosen structure to be prepared to Our specification. Please be aware that it is Your responsibility to arrange the construction of the base.
3.5. 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.
3.6. Please quote the Order number in all subsequent correspondence with Us relating to the Order.
4. Delivery
4.1. Delivery only of Goods (UK)
4.1.1. 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 their associated Islands. We do not deliver outside the UK as standard.
4.1.2. Occasionally Our delivery to You may be affected by an Event Outside Our Control. See clause 11 for Our responsibilities when this happens.
4.1.3. 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 initial enquiry.
4.1.4. For greenhouse Orders. We will contact You before production of Your greenhouse to reconfirm the Order and to advise an estimated delivery timeframe. This delivery will be made by Us. Prior to delivery payment must be made in full. It is Your responsibility to take delivery on the agreed date. Failure to do will result in a delivery abort fee of £500.00 +VAT which includes up to 30 days storage at our premises.
4.1.5. If for any reason you are unable to take delivery of Your greenhouse Order within the initial 30 day storage period, a further storage fee of £500.00 +VAT for every additional 30 day period will be applicable.
4.1.6. For accessory Orders only. We will arrange delivery via a third party. Once confirmed, You will be contacted directly by them with confirmation they have received Your Goods and will provide a delivery date and time. This can be rearranged directly with them by You if required.
4.1.7. 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.
4.1.8. The Goods are Your responsibility from the time either We or a third party deliver the Goods to the address You provided Us. Alternatively, for pre-arranged collections, Goods will become Your responsibility from time of collection.
4.2. Delivery / Collection of Goods (Export)
4.2.1. Timescales for a delivery / collection date will vary depending on the manufacturing lead time which will be provided by Your sales representative at the time of Order. The additional time for shipping needs to be taken into consideration.
4.2.2. Occasionally the delivery / collection date that was agreed may be affected by an Event Outside Our Control. See clause 11 for Our responsibilities when this happens.
4.2.3. Your chosen choice of transport needs to allow for the overall size of the packaged Goods. Our products are mainly large and sectional, that may not fit into standard height vehicles. It is Your responsibility to notify Your shipping agent of the dimensions which will be provided in advance.
4.2.4. For greenhouse Orders. We will contact You before production of Your greenhouse to advise an estimated collection date. At such time the remaining balance will be requested. Payment must be made in full prior to collection. It is Your responsibility to collect Your greenhouse Order on the agreed date. Failure to do will result in a collection abort fee of £500.00 which includes up to 30 days storage at our premises.
4.2.5. If for any reason you are unable to collect Your greenhouse Order, within the initial 30 day storage period, a further storage fee of £500.00 for every additional 30 day period will be applicable.
4.2.6. For accessory Orders only. Full contact details of the recipient must be supplied. We will arrange delivery via a third party. Dependant on the courier, the recipient may be contacted directly with delivery confirmation.
4.2.7. The Goods are Your responsibility from the time either We or a third party deliver the Goods to the address provided. Regarding greenhouse Orders, Goods will become Your responsibility from the time of collection.
5. Installation (UK)
5.1. Installation of Your New Greenhouse
5.1.1. Installations are carried out from Monday to Thursday excluding Bank Holidays. We do not offer a weekend installation service.
5.1.2. We aim to install Your new greenhouse the same day or within seven working days after You receive delivery.
5.1.3. Our standard installation service is currently offered to UK mainland only. Installations can be organised outside UK mainland 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 an anticipated installation date. Once this is confirmed, You will receive confirmation of the date in writing along with the final balance invoice to be paid prior to installation, if applicable.
5.1.5. For greenhouse installation Orders, We will contact You before production of Your greenhouse to advise an estimated installation date. At such time the remaining balance will be requested. Payment must be made in full prior to the installation date. It is Your responsibility to have Your greenhouse Order installed on the agreed date. Failure to do will result in an installation abort fee of £500.00 +VAT which includes up to 30 days storage at our premises.
5.1.6. If for any reason You are unable to have Your greenhouse Order installed within the initial 30 day storage period, a further storage fee of £500.00 +VAT for every additional 30 day period will be applicable. Any additional fees incurred will need to be paid in full prior to Our return.
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 in time, for any issues that haven’t been noted and a re-visit is required to resolve any issue, a call out fee may 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 in a tidy manner.
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 on Our website.
5.2.9. To prevent water ingress from the surrounding area, provisions and work involved must be carried out by You. Sealing the greenhouse between the underside of the structure and the base is not part of the installation service.
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. Due to issues with resulting liability, We will not install or modify any third party products/property that has not been provided by Us.
5.3. Greenhouse Location
5.3.1. To ensure installation can be completed, it is Your responsibility to have the base / foundations 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 base, including but not limited to 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 initial enquiry.
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 and may lead to the order having to be cancelled completely.
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. In this instance, Our installation team have the right to abort which shall incur an aborted installation fee and may lead to the order having to be cancelled completely.
5.5. Vehicle Information
5.5.1. Our installation vehicles are long wheel-based box vans. Please see dimensions provided below, check to ensure Our vehicles can reach and park at Your property. Please allow a further approx. 2 meters of space behind the vehicle for unloading.
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 in the above clauses, an aborted installation fee will be charged from £500.00 +VAT.
5.6.2. The installers will not and do not have the facilities to take payment on site.
5.6.3. 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.
5.6.4. Any additional fees incurred relating to installation will need to be paid in full prior to Our return.
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 manufacturing defects. The Goods when supplied to You shall:
6.1.1. Be of satisfactory quality.
6.1.2. Be, 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 to circumstances out of our control which will decrease the longevity of the Goods as described in clause 6.2. This guarantee does not apply to any defect in the Goods arising from:
6.2.1. 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 with all timber buildings in general, We are unable to accept responsibility for shrinkage, loss of knots, cracking, splitting or distortion.
6.2.2. Wilful damage, abnormal storage or working conditions, accident, negligence, or lack of maintenance by You or any third party.
6.2.3. If You fail to construct, operate, or use the Goods in accordance with user instructions.
6.2.4. Any alteration or repair by You or a third party.
6.2.5. Damage or issues caused by severe weather conditions, including excessive rainfall and wind.
6.3. Over time some maintenance may be required due to the settling of the greenhouse. Such as, adjustments to windows and doors to ensure their correct function along with periodic tightening of roof capping screws, this will eliminate the glass from slipping. These adjustments are the responsibility of the customer.
6.4. Each piece of Timber is unique and will have its own characteristics, therefore the longevity of the timber cannot be guaranteed. Our guarantee ensures the Cedar framework will be free from rot for 5 years from date of installation.
6.5. Third party accessories and moving parts, such as auto vents and blinds, We offer a two-year guarantee.
6.6. 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.
6.7. 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.
6.8. This guarantee shall not be otherwise transferred, assigned, pledged, whether by operation of law or otherwise, to anyone other than You, unless We agree in writing.
7. Issue Relating to Goods
7.1. Issue Relating to Goods (UK)
7.1.1. If upon receiving the Goods you discover there is an issue, please follow the procedure using the following contact information.
enquiries@gabrielash.com or phone: 01242 662926.
7.1.2. In the first instance notify Us via email providing as much information relating to the issue as possible. Include the Sales Order number, customer name, detailed description, images, and any diagrams as necessary. This will allow us to investigate in a timely manner.
7.1.3. Once the information has been received, We will respond promptly with a solution or the best course of action.
7.1.4. Should parts be required, a replacement order will be raised, while advising an estimated delivery date. The parts will be sent to an address of your choosing, at Our expense.
7.1.5. We cannot accept any responsibility relating to installation errors caused by You, or a third party. For an additional charge We can arrange for Our experienced installers to rectify the error.
7.1.6. If installation has been requested as part of the original Order, We will arrange for an installer to return at a mutual convenient time to resolve the issue at Our expense.
7.1.7. We will not install any third party products that have not been provided by Us.
7.1.8. We cannot reimburse any costs arising from You or a third party attempting to install, replace or repair Our products.
7.1.9. 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.
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 confirmed Orders.
8.2. Prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery, 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 time of placing Your Order. Our standard service includes delivery to UK mainland only. All enquiries outside UK mainland will be reviewed and considered.
8.4. To confirm Your greenhouse Order We require a 30% deposit with the remaining balance due once a delivery/installation date has been agreed. For accessory only Orders and remedial visits, full payment is required.
8.5. Delivery/installation/remedial visit will only be carried out once full payment has been received.
8.6. We accept payment with debit card, credit card or bank transfer (BACS).
8.7. If You dispute an invoice, in good faith, contact Us to let Us know promptly. Goods will not be dispatched until a resolution is agreed.
9. Changes to Orders
9.1. Amendments to Your Order
9.1.1. All greenhouse structures under the Gabriel Ash brand are made to Order. Amendments to Your specified greenhouse must be made within 14 days of Us accepting Your Order.
9.1.2. For amendments to the greenhouse itself i.e., change of size or model etc... after the initial 14 days, there will be an administration fee of £500.00 ex VAT.
9.1.3. Amendments may also postpone the confirmed delivery/collection/installation date.
9.1.4. Amendments may be subject to additional charges in addition to the administration fee if applicable.
9.2. Cancelling Your Order
9.2.1. All greenhouse structures under the Gabriel Ash brand are made to Order. We will issue a full refund of Your deposit if You choose to cancel within 14 days of Us accepting Your Order.
9.2.2. After the initial 14 days, cancellations will incur additional fees. All costs incurred within administration, production or manufacturing up to the time of cancellation will be deducted from the deposit.
9.2.3. If cancellation is requested after the remaining balance has been paid, all costs incurred within administration, production or manufacturing up to the time of cancellation will be deducted from the full payment received.
9.2.4. Cancelled Orders will be refunded minus additional charges, as outlined in Clauses 10.2 & 10.3, at the soonest appropriate time. We will confirm this in writing.
10. Our Liability to You
10.1. If We fail to comply with these Terms and Conditions, We are responsible for any loss or damage You suffer as a result of Our breach of these Terms and Conditions.
10.2. We will rectify any damage to Your property caused by Us. However, We are not responsible for the cost of repairing any pre-existing faults or damage to Your property.
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 and Conditions implied by section 17 of the Consumer Rights Act 2015 (title and quiet possession).
10.4.4. Breach of the Terms and Conditions implied by sections 9, 10, 11 and 13 of the Consumer Rights Act 2015 (description, satisfactory quality, fitness for purpose and samples).
10.4.5. Defective products under the Consumer Rights Act 2015.
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:
11.2.1. 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.
11.2.2. We will notify You as soon as reasonably possible.
11.2.3. 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/installation date with You after the Event Outside Our Control is over.
11.3. 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 10.
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. Cost of return is Your responsibility. Items will be refunded upon inspection and deemed to be in a resaleable condition. We will refund You the purchase price less Our delivery cost. We will contact You if We do not consider the product to be in resaleable condition.
12.2. Items to be returned to: FAO: Gabriel Ash, 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 Ltd are Gabriel Ash, Halls and Juliana.
13.2. If You have any questions or feedback, please contact Us by phoning Our customer service team at 01242 662 926 or e-mail 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. Process Your order.
14.1.2. Process Your payment.
14.1.3. Provide You with the Goods.
15. Other Important Terms
15.1. We may transfer Our rights and obligations under these Terms and Conditions 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 and Conditions to another person if We agree in writing.
15.3. Each clause found in these Terms and Conditions 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 and Conditions 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 and Conditions are governed by English law. You and We both agree to submit to the non-exclusive 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 literature are for illustrative purposes only as designs may vary as we are constantly improving and developing our products. 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.
16. These Terms and Conditions
16.1. We reserve the right to revise these Terms and Conditions at any time or as a result of changes in relevant laws and regulatory requirements.