Terms & Conditions

Building Regulations

Meeting building regulations is the joint responsibility of the builder and the landowner, not of the Seller (ABC Garden,Astelgardenhouse24 NZ Pty Ltd, gardenhouse24.co.nz, 2 Matai Road, Stanmore Bay, Whangaparāoa 0932, New Zealand). If you are unsure about Building Regulations we recommend that you seek further advice and guidance.

Eligibility, Orders

To use the Services you must be, and represent and warrant that you are, of legal age (18 years of age or older or otherwise of legal age in your jurisdiction. If you are agreeing to these Terms and Conditions on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms and Conditions on that organization or entity’s behalf and to bind them to these Terms and Conditions (in which case, the references to “you” and “your” in these Terms and Conditions, except for in this sentence, refer to that organization or entity). If we have previously prohibited you from accessing or using the Services, you are not permitted to access or use the Services.

Your receipt of an electronic, or other form of, order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right to limit or restrict the availability of Products or Services at any time and for any reason. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not you have been charged. If your order has been cancelled or limited by us, the applicable amount any payment made pursuant to that order will be refunded to the original form of payment. If you have been charged and your order is cancelled by us, we will promptly issue a refund to your original form of payment in the amount of the charge and notify you that your order was cancelled according to our cancellation policy .

Changes in Products and Pricing

We are constantly updating and revising our offerings of Products and Services, and we may discontinue Products and Services at any time without notice. All pricing for the Products is subject to change. For all our prices and Products and Services, we reserve the right to make adjustments due to changing market conditions, Product discontinuation, manufacturer price changes, errors in advertisements, and other extenuating circumstances. We attempt to be as accurate as possible with Product descriptions and prices. However, we do not warrant that Product descriptions or prices are accurate. In the event that we discover an error in the pricing or description of a Product, we shall have the right to refuse or cancel any orders placed for the Product. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card has been charged. If you order a Promotional Product that was incorrectly priced, you will be contacted by a Care representative and given the option to purchase the Product at the correct price, or to cancel your order and receive a refund for the amount that you have paid as soon as possible, in accordance with our refund policy below. If you order a Product that was incorrectly priced, your order will be cancelled and we shall issue a refund as soon as possible, in accordance with our refund policy below.

The company reserves the right to deliver outside of turnaround times if unforeseen circumstances surrounding stock levels or other occurrences require. If such cases occur during promotional periods, we will not reinvoice a customer with any updated prices or additional costs.

Risk and Property

Risk of damage to or loss of the Goods shall pass to the Buyer in the case of Goods to be delivered otherwise than at the Seller’s premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.

The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.

Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.

Products

Our products are designed for Competent DIY assembly by two or more adults.

Please ensure that the products have been physically delivered and check that all parts are present and correct before confirming an assembly date or prior to engaging a third party to carry out the installation so that in the unlikely event that parts may be missing, wrong or damaged you ensure we have reasonable time* to arrange for delivery of new parts. (*Please note that a reasonable time would typically be within one to two weeks assuming replacement parts are in stock, however if we have to back order or manufacture parts then the time frame may be longer). Remember that should you choose to use an external person or persons to assemble your products then allow time for them to understand the instructions and the parts delivered to your home.

All our Timber products are batch manufactured, sometimes weeks before delivery. All timbers are checked for the standards we have set before we band the various packs. Between the assembly time and the despatch/delivery time timbers will continue to adjust, sometimes more evident in pressure treated sections, due to their natural properties. This can be seen in any timber yard supplying Spruce or Pine. Timber products, once on site, will continue to react to weather conditions due to the fibrous nature of the material. Once assembled the internal environment created within the building will also affect the movement of the timber. With the exception of bearers, unless otherwise stated in the product description, 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 which can be simply resolved by adding wood filler and then sanding.

Any machine work on sections will have been carried out whilst the timber sections are Kiln Dried to a moisture content of 18% or below. Where holes have been predrilled, they may require onsite adjustment if the timber has absorbed more moisture. The characteristics of timber are not those of extruded plastics, aluminium or other metals and will change far more noticeably with time and weather conditions. We supply many thousands of our products each year to many satisfied customers who understand the beauty of handling and working with a natural material and the quality of our timber compared to the industry norm is high. You can also view our products at our display sites as we are not an internet-only Company. If you are not competent in understanding the nature of these types of timbers for use in an external environment, as we do not supply internal finish timbers, please do not purchase our products.

The development and appearance of the natural properties of timber are not defects with the product/s and are not a reason for trying to claim for repairs, replacements or refunds. We supply timber products designed for external garden use and our designs take into account the structural integrity of timber’s natural properties.

You will need to apply a quality wood preservative to all untreated timbers to protect them. You may also wish to seal the timber with a suitable high grade external timber sealer.

To assemble our timber products, you will need a reasonable variety of DIY tools, socket set, saw, hammer, drills, level etc. to facilitate drilling, nailing, sawing, screwing and checking for square level and plumb assembly and you will have to ensure that the base for your garden building will be level and square.

Please be aware that there may be minor differences between the products on display at our display sites or as shown on our web-site, and the goods which are supplied, as our designs change over time.

Installation

All products are sold and supplied for self-assembly only by Buyer, unless otherwise stated.

Where an installation service option is shown and selected by Buyer, this service will be undertaken at the stated cost in a diligent and professional manner.

To ensure installation can be completed, the Buyer may be required to; (a) provide a concrete or paved base, being firm, square (diagonals) and level (by spirit level) – no less than the size of their chosen product, (b) ensure 600mm (2′) unobstructed access is provided all around the proposed site, (c) no trees, branches or similar encroach upon the proposed site or working space, and (d) provide clear external pedestrian access (not height or turn limited) to allow unimpeded passage of the product sections or components.

Upon abortive installation, the product can be left for self-assembly by Buyer’, but the erection service fee or 10% of product price (whichever is greater) shall be retained to account for the abortive labour costs. Some manufactures may also charge a revisiting charge.

Upon abortive installation, the product can be left until Buyer provides an appropriate base, at which point a return installation visit can be arranged upon payment of an additional charge similar to that defined in previous point. The initial fee having been retained to account for the initial aborted labour costs.

For supply only orders, the customer should not arrange or commence any erection service privately until they have received their product and have fully checked that their product is both complete and sound.

The Company’ will not bear any abortive costs arising from Buyer or their privately employed labour, due to the failure of Buyer’ to check the product or while awaiting receipt of any missing or replacement parts.

Prices

The prices are listed in NZD including tax. The Seller reserves the right to change the advertised price of Goods at any time. The price payable by the Buyer shall be the price in force at the time when the order is placed. The Buyer should note that there are certain destinations to which a delivery charge will be payable and there will be occasions when the Seller’s carrier makes an additional charge for delivery. Settlement of delivery charges in these instances will be the responsibility of the Buyer and charges must be reimbursed to the Seller in advance of delivery of the Goods.

The Seller reserves the right to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation, currency regulation, alternation of duties, significant increase in the costs of labour, materials or the costs of manufacture). As already stated, the price payable by the Buyer shall be the price in force at the time when the order is placed.

Should a pricing error occur, the Seller will inform the Buyer if the price for the Goods is higher than that stated on the order. The Buyer may then choose either to proceed or to cancel the order.

The Seller will endeavour to match the price of any like for like goods found online. If the Buyer finds the same product cheaper elsewhere then the Buyer should email the Seller and ask for a price match. This forms our Price Guard service. Discounted quotations can be requested for bulk or multiple orders by any charities or community organisations.

Payment

You must pay the prices of the products you order during the checkout process or within stated period if you choose offline payment (invoice payment or similar).

Payment must be made in full in cleared funds at least 2 working days before delivery or collection if you have arranged collection from us.

Payment options:

Upfront payment.

50% Deposit and final payment before delivery of the cabin to your property

A finance provider of your choice

General Liability

Subject to this clause, we will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and us when the Contract is entered into. We will not be responsible for any loss or damage that is not foreseeable.

We accept no liability in respect of the following:

Loss or damage due to causes beyond our control including, but not limited to, accident, storm, flood, neglect, misuse, faults or premature deterioration which results from your failure to comply with our instructions;

Loss or damage arising from the original installation of Goods, including damage to our works attributable to the failure of foundations, the base or structure, or any other works, where these have not been carried out by us;

Deliberate or accidental damage and/or misuse of the Goods;

Damage or deterioration arising out of normal wear and tear.

Nothing in these Terms and Conditions is intended to or will limit or exclude our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.

We will maintain suitable and valid insurance, including public liability insurance. Details are available on request.

We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

Nothing in these Terms and Conditions is intended to or will limit your legal rights as a Consumer under any consumer protection legislation, where applicable.

CONSUMERS According to the Consumer Guarantees Act 1993 (‘CGA’), when you purchase goods [and services], you are entitled to certain guaranteed legal rights as a consumer. These rights are known as ‘consumer guarantees’ and include the following:

The goods must be of acceptable quality, which means that they should:

• be suitable for the common purposes for which goods of that type are typically used;
• be free from minor defects;
• be safe to use;
• be durable and last for a reasonable period of time; and
• have an acceptable appearance and finish.

The goods must be fit for any particular purpose that you have made known to the seller, or for which the seller has represented that the goods are suitable.

The goods must correspond with any description provided by the seller.

The goods must correspond with any sample or demonstration model that was shown to you when you made the purchase.

If the goods you receive do not meet any of these consumer guarantees, the seller is obligated to fulfill their responsibilities under the CGA and provide a remedy.

It’s important to note that these guarantees exist alongside any warranty offered by the manufacturer, and you may have separate rights against the manufacturer.

However, the CGA does not apply if the goods have been used in a manner or to an extent that is inconsistent with what a reasonable consumer would expect, and the goods would have met the guarantee of acceptable quality if they had not been used in such a way.

Limitation of Liability

Any conditions, rights, warranties or guarantees implied by law into these Terms and Conditions are expressly excluded to the extent permitted by law. In no event shall we or our suppliers have any obligations or liabilities to you or any other person for loss of profits, for loss of business or use, or for incidental, punitive, special or consequential damages, whether based on contract, tort (including negligence), products liability, or any other theory or form of action, even if we have been advised of the possibility thereof, arising out of or in connection with the sale, delivery, or use of the Products or Services. Subject to the above exclusion of liability and to the maximum extent permitted by law, our sole and entire maximum liability (and the liability of our suppliers) for any reason, and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual amount paid by you for the Products you have ordered through our Services. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusions may not apply to you to the extent such jurisdiction’s law is applicable to your purchase of Products.

Right to cancel

You have the right to cancel this contract within 14 days of purchase without giving any reason.

The cancellation period will expire after 14 days from the, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.

To exercise the right to cancel, you must inform us (ABC Garden of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than –

(a) 14 days after the day we receive back from you any goods supplied, or

(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or

(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on jwhich you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

All items must be returned in original condition, unworn/unused with original tags and labels. Items that are opened or damaged may be denied a refund. Please ensure returns are carefully packaged.

You will receive refund for your item once we receive the return. Original shipping charges are not included in the refunded price.

Rectifying Defects

We will supply goods that are in conformity with the contract. However, should any defect occur with the product within a reasonable period after delivery please ensure the invoiced customer (named person on order contacts us in writing email to info@gardenhouse24.co.nz. Please include either your order number starting with SO or your postcode so we are able to locate you on our system.

Please note that any problems that occur due to the natural properties of the materials are not defects; please see the ‘Consumer Advice’ section for more information, although this information is not exhaustive.

We will request clear photos to illustrate the reported defect and its cause so that we can determine the means to rectify it prior to any rectification. This may involve taking photos of parts of your product which you believe are unconnected to the defect but which may nevertheless be the cause of it.

If a defect occurs which is the fault of the Company, the Company will give you appropriate options which may include replacement, repair or partial refund.

Where the defect is deemed to be the customer’s fault for any reason e.g. unsuitable base/site, poor maintenance, use of defective materials supplied by the customer or misuse of the product, any rectification will be chargeable to the customer.

If you do not give us a reasonable opportunity to rectify any defect we will not reimburse you if you choose to rectify it yourself or with a third party.

Customer’s Responsibilities

You are responsible for:

Ensuring that if any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, you have obtained these before we begin the Services;

Ensuring that we can access the Property at the agreed times to deliver the goods and/or provide the Services;

Providing electricity, gas and water, at no cost to us, to enable us to complete the Services and, if necessary, any remedial works;

Ensuring that access is granted in the event of access being required to neighbouring land and we shall not be held liable for any delays arising out of your inability to gain access;

The cost of any additional work necessary to complete the works as a result of your failure, or the failure of any third party, in complying with our specifications. Where the Goods have been installed by you or any third party and where this has been constructed inadequately or incorrectly, we will not be held responsible for any subsequent loss or damage attributable to defects with the Goods.

If you fail to comply with any of your responsibilities, we will not be held liable for any delays as a result and we reserve the right to recover any costs incurred by us, such as for storage of materials or non-productive visits to the property.

Force Majore

We will not be liable for any failure or delay in performing our obligations under these Terms and Conditions where the failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: adverse weather, power failure, strikes or other industrial action by third parties, acts of terrorism or war, or any other event that is beyond our reasonable control.

Law and Jurisdiction

These Terms and Conditions and the relationship between you and us (whether contractual or otherwise) will be governed by, and construed in accordance with the law.

Privacy

We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the General Data Protection Regulation). For details of our privacy policy please refer to our web-site Privacy Policy – Gardenhouse24

Our form pages are secured using High Level SSL Encryption. Credit card payments are processed by using secure servers. All credit card numbers are encrypted in the software when the order is placed and are only decrypted after they reach our computer. They are not held in clear text on any web site.

Complaints

In the event of any complaint or grievance, ‘The Customer’ should initially make contact by email to info@gardenhouse24.co.nz or a letter to ‘The Company’s address.

For efficient handling, the Buyer’ should state upon all correspondence; (a) their name, (b) their address, (c) their sales invoice number, (d) the product, and (e) a description of their complaint.

We shall endeavour to promptly resolve any complaint and/or respond with our stance. Should a response not be received within 5 working days, please send a “Second Request” for the attention of The Customer Service Manager.

Warranties and Liability

Subject to the conditions set out below the Seller warrants that the Goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for a period of 12 months from the date of their initial use or 6 months from delivery, whichever is the first to expire.

The above warranty is given by the Seller subject to the following conditions:

The Seller shall be under no liability in the event that the Seller in its absolute discretion makes any change to the specification of the Goods which are required to comply with any applicable safety or statutory requirement or otherwise or which do not materially affect the quality and fitness for purpose of the Goods;

The Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Seller’s instructions (whether oral or in Writing), misuse or alteration or repair of the Goods without the Seller’s approval;

The Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment;

The above warranty does not extend to parts, materials or equipment not manufactured by the Seller, in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Seller.

The warranty is valid for as long as the structure remains at the original address of delivery.

Should the structure be relocated to a new destination, this warranty will be discontinued.

Any customer concerns are addressed in a timely fashion. We take pride in taking care of our customers.

Gardenhouse24 disclaims liability for damages caused by natural disasters, fire, vandalism, or storms, thus excluding these causes from warranty coverage.

Defects such as cracking, checking, rough surfaces, etc. are normal features of natural wood products.  Quality inspection allows for natural characteristics to be present and do not affect the structural integrity of the product.

Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these Conditions, the Seller shall be entitled to replace the Goods (or the part in question) free of charge or, at the Seller’s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.

Except in respect of death or personal injury caused by the Seller’s negligence the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or another term, or any duty at common law, or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise), which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, except as expressly provided in these Conditions.

The Seller shall not be liable to the Buyer or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Goods if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control:

Act of God, explosion, flood, tempest, fire or accident;

War or threat of war, sabotage, insurrection, civil disturbance or requisition;

Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;

Import or export regulations or embargoes;

Strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);

Difficulties in obtaining raw materials, labour, fuel, parts or machinery;

Power failure or breakdown in machinery.

The Seller will not accept any responsibility for any third-party costs incurred for late deliveries, failed deliveries or incomplete deliveries. It is the Buyers responsibility to check that the delivery is complete and in good order before arranging any third-party contractors to assist in installation.

Conditions

Any claim must be made in writing and accompanied by proof of purchase, details of failure and photographic evidence of failure.

Should the timber be cross-cut or in any other way that is not instructed by us.

The products must have been correctly installed and only subject to normal domestic use.

No Guarantee is offered on products subject to abuse, negligence, improper use, modifications or attachment to equipment other than our own.

Exclusions

Any timber removed from its original installation and re-used at another location.

Natural changes to timber, such as splits, twists, warps, knots and knot holes.

The guarantee is invalid if:

• If the building has been customised or modified in any way.
• The person claiming is not the original purchaser of the building.
• The building has not been treated annually or as per the treatment manufacturers.
• The building has not been erected, fitted or installed correctly as per the supplied instructions.
• The building has not been erected on a suitable sized and solid base
• The roofing felt has been incorrectly fitted or damaged allowing water ingress.

Contact Us

Do you have any questions regarding our Timber Garden Houses?

Get in touch and we’ll get back to you!

info@gardenhouse24.co.nz