Terms & Conditions
These Terms & Conditions apply to goods and services supplied by Malvern Hills Cabins Ltd.
Please read them carefully before placing an order. By accepting a quotation, paying a deposit, placing an order, confirming a design, or allowing work to begin, you agree to these Terms & Conditions.
1. Business details
Malvern Hills Cabins Ltd
Registered in England and Wales
Company number: 15564466
Registered office: Charlton Barn, Birtsmorton, Nr Malvern, Worcestershire WR13 6AW
VAT number: 470 8003 12
Email: enquiries@malvernhillscabins.co.uk
Website: www.malvernhillscabins.co.uk
In these Terms, “we”, “us” and “our” mean Malvern Hills Cabins Ltd. “You” and “your” mean the customer.
2. What these Terms cover
These Terms apply to:
garden rooms, studios, cabins and sauna cabins;
holiday cabins, annexe-style cabins and accommodation units;
ex-display cabins;
fitted interiors, desks, cupboards, wall panels and pegboards;
CNC-cut timber products;
carved signs, portraits and decorative panels;
furniture, benches, stools, tables, shelves and smaller workshop-made items;
design, manufacture, delivery and installation work supplied by us.
A separate quotation, order form, invoice, specification, design drawing or written agreement may contain additional terms for a particular project. If there is a conflict between these Terms and a specific written quotation or order form, the project-specific document will take priority.
3. Customers
We supply both consumers and business customers.
A “consumer” is someone buying mainly for personal, domestic or household use.
A “business customer” is someone buying for business, trade, professional, agricultural, commercial, holiday-let or income-generating use.
Some consumer rights apply only to consumers. Business customers are expected to satisfy themselves that the goods and services are suitable for their intended use.
4. Quotations and estimates
Quotations are based on the information available at the time they are prepared.
Unless stated otherwise, quotations are valid for 30 days.
A quotation is not a binding contract until we have accepted the order in writing and any required deposit or staged payment has been received.
Estimates, guide prices and website prices are provided for general guidance only. They are not fixed quotations unless confirmed by us in writing for a specific order.
We may revise a quotation if:
the scope, size, design or specification changes;
the site conditions are different from those described;
access is more difficult than expected;
additional work is required;
material costs, delivery costs or supplier costs change materially before the order is confirmed;
planning, building control, engineering or other compliance requirements affect the design or work required.
5. Website information and guide prices
Information on our website is intended to help customers understand our work, likely budgets and available options.
Photographs, drawings, CGI images, dimensions, specifications and descriptions on the website are for general illustration unless they form part of a written quotation or order specification.
Guide prices on the website are intended to help customers assess likely budget. They do not include every possible cost, site condition, delivery method, transport requirement, service connection, groundworks item, planning requirement or design variation.
6. Bespoke and made-to-order work
Most cabins, fitted interiors, signs, CNC work, personalised portraits, made-to-measure furniture and commissioned items are bespoke or made to order.
Bespoke items may be made to your chosen size, design, layout, wording, image, colour, material, site requirement or specification.
Once a bespoke order is confirmed, we may order materials, prepare drawings, reserve workshop time, begin design work, cut components or start manufacture.
Because of this, cancellation rights and refund rights may be limited for bespoke or personalised items, except where required by law or where goods are faulty.
7. Designs, drawings and specifications
Any design drawings, sketches, visuals, specifications or layouts we provide remain our intellectual property unless agreed otherwise in writing.
They may not be copied, reused, shared with another supplier, used to obtain competing quotations, or used to manufacture goods without our written permission.
Designs and drawings are prepared for quotation, design discussion, manufacture or installation purposes only. They are not structural engineering documents, planning drawings, building-control drawings or technical compliance drawings unless we have specifically agreed to provide that service in writing.
You are responsible for checking that all names, wording, spellings, dimensions, layouts, colours, finishes, materials and design details are correct before approving an order or proof.
For carved signs, CNC portraits, personalised items and printed/proofed designs, we are not responsible for customer-approved spelling mistakes, layout errors, incorrect names, incorrect dates or image-quality problems once the proof has been approved.
8. Planning permission, permitted development and building regulations
You are responsible for checking whether planning permission, permitted development rights, building regulations approval, listed-building consent, conservation-area consent, landlord consent, leaseholder consent, covenant approval, highways approval or any other permission is required for your project.
We can provide general guidance based on our experience, but we do not provide legal planning advice unless specifically agreed in writing.
Any comments we make about permitted development, caravan rules, holiday-let use, annexe use, building regulations or VAT treatment are general guidance only and must not be treated as formal legal advice.
If planning permission, a lawful development certificate, building regulations approval, structural calculations, SAP calculations, drainage approval or any other formal consent is required, this must be dealt with before work begins unless we agree otherwise in writing.
Delays caused by planning, approvals, permissions, third-party consultants, engineers, building control, local authorities or customer decisions are not our responsibility.
9. Site survey and site information
For larger cabin projects, we may carry out a site visit or ask for site photographs, measurements, access details and ground information.
You must provide accurate information about:
site location;
access widths, gates, tracks, slopes and turning space;
overhead cables, trees, branches or obstructions;
underground services, drains, pipes, cables and soakaways;
existing patios, slabs, concrete, soft ground or retaining walls;
boundary positions;
ground levels and falls;
restrictions affecting cranes, HIABs, trailers or delivery vehicles;
parking and unloading arrangements;
neighbours or shared access issues.
We are not responsible for additional costs, delays or damage caused by inaccurate or incomplete site information.
10. Groundworks, base preparation and services
Unless stated in the quotation, our prices do not include:
groundworks;
excavation;
concrete bases;
pads, piles, ground screws or foundation systems;
drainage;
soakaways;
landscaping;
paths;
service trenches;
mains electrical connection;
water connection;
foul drainage connection;
data connection;
gas connection;
planning or building-control fees;
structural engineering fees;
crane, HIAB or specialist lifting beyond the stated allowance.
Where a base, foundation or existing surface is provided by you or by others, it must be level, square, stable, suitable for the building, capable of carrying the load and ready before installation.
We may refuse to install or may charge for delays if the base or site is not ready.
We are not responsible for failure, movement, water ingress, distortion, drainage issues or defects caused by unsuitable ground, unsuitable foundations, poor site preparation, poor drainage or work carried out by others.
11. Access and delivery
You must make sure that access is suitable for delivery, unloading and installation.
This includes adequate road access, gate widths, turning space, overhead clearance, ground conditions, working space and parking.
Where HIAB, crane, telehandler, forklift, trailer, tractor, specialist transport or additional labour is required, this must be agreed and costed before delivery where possible.
If delivery or installation cannot proceed because access is unsuitable, the site is not ready, or information supplied by you is inaccurate, we may charge for wasted time, transport, storage, re-delivery, labour and third-party costs.
12. Pricing and VAT
All prices will state whether they include or exclude VAT.
VAT will be charged at the applicable rate based on the nature of the goods or services supplied.
Where a reduced VAT rate is being considered for a particular cabin or accommodation unit, this must be assessed on the final specification and use. We may require written confirmation from you about the intended use and specification.
We are not responsible for a customer’s tax, planning, business-rate, council-tax, insurance, mortgage, lease or accounting position.
13. Payment terms for cabin projects
Unless agreed otherwise in writing, cabin projects will be paid in stages.
A typical payment structure may include:
deposit on order confirmation;
design or drawing payment if applicable;
staged payment before materials are ordered;
staged payment before manufacture begins;
staged payment before delivery or installation;
final balance before handover, completion or delivery.
The exact payment schedule will be set out in the quotation or order form.
Work will not begin until the required deposit or staged payment has been received.
We may pause work, delay delivery, delay installation, withhold handover or retain goods if payments are late.
Late payment may result in additional storage, administration, interest or recovery charges.
14. Payment terms for furniture, CNC work and smaller products
For ready-made stock items, full payment is normally required before collection, delivery or dispatch.
For made-to-order furniture, signs, CNC work, portraits, fitted items and personalised products, we may require full payment or a deposit before work begins.
For larger commissioned items, staged payments may apply.
Goods remain our property until paid for in full.
15. Deposits and staged payments
Deposits and staged payments are used to reserve workshop time, cover design work, order materials, begin manufacture, pay suppliers and commit resources to your project.
Where a customer cancels an order, we may retain a fair and reasonable amount to cover work already carried out, materials ordered, bespoke components produced, design time, administration, supplier charges, lost workshop time and other losses caused by the cancellation.
We will not retain more than we reasonably need to cover our actual costs, committed costs and losses, unless otherwise allowed by law.
16. Changes and variations
Any change to the agreed design, size, layout, material, colour, finish, access arrangement, delivery method, installation method or specification may affect the price and timescale.
Changes must be agreed in writing.
We are not required to carry out extra work, altered work or additional supply unless the price and timescale have been agreed.
Verbal comments on site or during design discussions will not change the contract unless confirmed in writing.
17. Lead times and delays
Lead times are estimates unless expressly stated to be fixed.
We will make reasonable efforts to meet agreed timescales, but delays may occur because of:
weather;
supplier delays;
material shortages;
transport problems;
site conditions;
access issues;
planning or approval delays;
customer decisions or changes;
illness or staff availability;
machinery breakdown;
third-party contractors;
events outside our reasonable control.
We are not liable for loss of income, loss of bookings, loss of business, loss of profit, inconvenience or consequential loss caused by delay unless we have expressly accepted that liability in writing.
For holiday-let, business or commercial projects, you should not take bookings, advertise opening dates or commit to commercial use until the building has been completed, handed over and checked as suitable for use.
18. Installation and working on site
You must provide safe and reasonable site access, working space, welfare access if required, parking, unloading space and a safe working environment.
Children, pets, livestock and members of the public must be kept away from the work area.
We may suspend work if the site is unsafe, unsuitable, not ready, obstructed, or affected by weather or ground conditions.
We are not responsible for delays caused by other trades, customer-supplied materials, poor access, blocked working areas or unsafe site conditions.
19. Other contractors and work by others
Where other contractors are involved, you are responsible for coordinating them unless we have agreed to manage that work.
We are not responsible for work carried out by other contractors, including electricians, plumbers, groundworkers, landscapers, crane operators, drainage contractors, decorators, plasterers or builders, unless they are directly appointed and paid by us as part of our contract with you.
If other trades damage our work, delay us, alter our work, cover our work, drill into our work, connect services incorrectly or prevent proper completion, any remedial work may be charged.
20. Electrical, plumbing and services
Unless stated in the quotation, mains electrical connection, certification, consumer-unit work, trenching, armoured cable installation, water connection, drainage connection and plumbing connection are not included.
Electrical work must be carried out by a suitably competent person and certified where required.
Plumbing, drainage, water supply, waste and hot-water systems must be suitable for the intended use and protected against frost where necessary.
We are not responsible for failure, freezing, leaks, overload, nuisance tripping, poor pressure, drainage issues or service defects caused by systems designed, installed or connected by others.
21. Materials, timber movement and natural variation
Many of our products use timber, sheet materials, veneers, plywood, MDF, exterior MDF, hardwood, softwood, cladding, oils, paints and other materials that can vary naturally.
You accept that timber and timber-based materials may have:
colour variation;
grain variation;
knots;
small shakes or checks;
movement;
expansion and contraction;
slight bowing or cupping;
resin bleed;
weathering;
surface variation;
end-grain differences;
minor machining marks.
External timber cladding will weather over time unless maintained. Coatings, oils and paints require maintenance.
Natural movement, weathering, minor variation and maintenance-related changes are not defects.
22. Tolerances and finish
Hand-built, workshop-made and site-installed products are not factory-perfect mass-produced items.
Reasonable tolerances apply to dimensions, alignment, finish, colour, grain, gaps, junctions, cladding, trims, handmade furniture and CNC-cut products.
We will aim for a high standard of workmanship, but small variations are normal, particularly where buildings are installed on site, where timber moves, or where materials are supplied in natural or textured finishes.
23. Customer-supplied materials, images and information
If you supply materials, hardware, images, photographs, logos, artwork, fonts, drawings or digital files, you are responsible for making sure they are suitable, accurate and lawful to use.
For CNC portraits, signs and carved artwork, the quality of the finished item depends heavily on the quality of the image or file supplied.
We are not responsible for poor results caused by low-resolution images, poor lighting, heavy shadows, blurred images, unsuitable artwork, copyright restrictions, inaccurate drawings or defective customer-supplied materials.
You confirm that you have the right to use any photograph, logo, artwork, wording, trademark or design supplied to us.
24. Delivery, collection and dispatch of smaller items
Furniture, signs, CNC products and smaller items may be collected from us by appointment or delivered by arrangement.
Delivery charges will be stated separately where applicable.
For couriered goods, risk passes to you when the goods are delivered to the address provided.
You must inspect delivered goods as soon as possible and notify us promptly of any damage, missing items or delivery issues.
Where damage appears to have occurred in transit, you must keep the packaging and provide photographs of the item, packaging and delivery label.
25. Risk and ownership
Risk in goods passes to you:
for collected goods, when you collect them;
for delivered goods, when they are delivered to the delivery address;
for installed cabin projects, when the relevant goods or building components are delivered to site, unless otherwise agreed in writing.
Ownership of goods remains with us until paid for in full.
We may retain, withhold, remove or recover goods that have not been paid for in full, subject to any legal restrictions.
26. Ex-display cabins and ex-display goods
Ex-display cabins and ex-display goods are sold as seen, subject to any written description, agreed specification and your statutory rights.
You should inspect ex-display items before purchase.
Ex-display items may show signs of display use, handling, transport, weather exposure, minor marks, wear, screw holes, settlement, movement or other cosmetic imperfections.
Any known exclusions, damage or limitations will be set out where practical.
Unless stated otherwise, groundworks, base preparation, transport, lifting, delivery, installation, service connections, landscaping and making good are not included in the sale price of an ex-display cabin.
27. Cancellation by consumers
Your cancellation rights depend on what you have ordered, how the contract was made and whether the goods are standard stock, bespoke, personalised, made to order, services, or a cabin project.
For standard goods bought online, by phone or by other distance-selling methods, consumers may usually have a 14-day right to cancel after delivery.
This right does not usually apply to goods made to your specification or clearly personalised, unless they are faulty.
For services, design work, site visits or installation work, if you ask us to start work during any cancellation period, you may be required to pay for work carried out up to the point of cancellation.
For bespoke cabins, made-to-order furniture, personalised signs, CNC portraits, fitted interiors, custom panels and items made to your measurements or specification, cancellation may result in charges for design work, materials, labour, committed costs and losses.
These Terms do not remove any cancellation rights that you are legally entitled to.
28. Cancellation by business customers
Business customers do not have consumer cancellation rights.
If a business customer cancels an order, we may charge for all work carried out, materials ordered, design time, administration, supplier costs, loss of profit, storage, transport and other losses arising from the cancellation.
29. Cancellation by us
We may cancel or refuse an order if:
materials are unavailable;
the site is unsuitable or unsafe;
access is not possible;
payment is not made;
required information is not supplied;
the project appears unlawful, unsafe or technically unsuitable;
the customer behaves abusively or unreasonably;
circumstances outside our control prevent the work from going ahead.
If we cancel for reasons not caused by you, we will refund payments made for work or goods not supplied.
If we cancel because of your breach, failure to pay, inaccurate information, unsuitable site, refusal to cooperate or unreasonable conduct, we may retain sums needed to cover our costs and losses.
30. Returns for furniture, signs and smaller goods
Standard ready-made items may be returned by consumers where a legal right to cancel applies, provided they are returned unused, undamaged and in resaleable condition.
You are responsible for return costs unless the item is faulty or we have agreed otherwise.
Made-to-order, personalised, commissioned, custom-sized, custom-coloured, engraved, carved, CNC-cut, bespoke or fitted items cannot normally be returned because you have changed your mind.
This does not affect your rights if goods are faulty, misdescribed or not supplied as agreed.
31. Faults, defects and snagging
You must inspect goods and completed work promptly.
For cabin projects, any snagging items should be reported in writing as soon as possible after handover.
We will assess reported issues and, where we agree that an issue is our responsibility, we will decide the appropriate remedy, which may include repair, adjustment, replacement, reworking or other reasonable remedial action.
We are not responsible for defects caused by:
misuse;
neglect;
lack of maintenance;
unsuitable ground or base;
poor drainage;
storm, flood, frost, fire or extreme weather;
movement of ground or foundations;
alterations by others;
damage by other trades;
accidental damage;
normal wear and tear;
timber movement;
condensation caused by use, ventilation or heating patterns;
customer-supplied materials;
failure to follow care or maintenance advice.
32. Guarantees and warranties
Any specific warranty or guarantee will be set out in the quotation, invoice, order form or handover information.
Manufacturer warranties for windows, doors, roof membranes, heaters, electrical fittings, appliances, ironmongery or other bought-in products are subject to the manufacturer’s own terms.
We may assist with warranty claims where reasonable, but we are not responsible for manufacturer delays, exclusions or decisions.
Warranty cover may be void or reduced where goods are misused, altered, poorly maintained, incorrectly installed by others, exposed to unsuitable conditions or used outside their intended purpose.
33. Maintenance
External buildings, timber products, cladding, finishes, oils, paints, sealants, roofs, drainage details, gutters, doors, windows and moving parts require maintenance.
You are responsible for routine maintenance after handover or delivery.
This may include cleaning, ventilation, checking drainage, clearing leaves, maintaining airflow, recoating timber, inspecting sealants, adjusting doors or windows, touching up coatings and dealing with minor movement.
Failure to maintain the building or product may reduce its life and may invalidate warranties.
34. Condensation, ventilation and use
Cabins, garden rooms, saunas, holiday cabins and accommodation units must be heated, ventilated and used appropriately.
Condensation can occur where there is insufficient ventilation, intermittent heating, high moisture production, wet clothing, drying laundry, unvented appliances, poor air movement or heavy occupation.
We are not responsible for condensation, mould or moisture problems caused by use patterns, lack of ventilation, unconnected services, blocked ventilation, failed heating, lack of maintenance or excessive internal moisture.
Saunas, shower rooms, holiday-let units and accommodation spaces require particular care with ventilation, drying, heating and cleaning.
35. Photographs and marketing
We may photograph our work before, during and after manufacture or installation.
Unless you tell us otherwise in writing, we may use photographs of completed work for our portfolio, website, social media, advertising and promotional material.
We will not intentionally publish your personal address or private personal information without permission.
If you do not want photographs of your project used, you must tell us in writing before completion.
36. Liability
We are responsible for losses that are a foreseeable result of our breach of contract or negligence.
We do not exclude or limit liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any liability that cannot legally be excluded.
We are not responsible for:
indirect loss;
consequential loss;
loss of profit;
loss of business;
loss of bookings;
loss of goodwill;
loss of use;
loss caused by delay;
loss caused by planning refusal;
loss caused by third-party contractors;
loss caused by unsuitable ground, base, access or services;
loss caused by inaccurate information supplied by you.
For business customers, our total liability will not exceed the price paid by you for the goods or services giving rise to the claim, except where liability cannot legally be limited.
For consumers, nothing in these Terms reduces your statutory rights.
37. Force majeure
We are not liable for delay or failure caused by events outside our reasonable control.
This includes severe weather, flood, fire, storm, illness, accident, supplier failure, material shortage, transport disruption, machinery breakdown, power failure, war, civil unrest, pandemic, government restriction, strike, or other events outside our reasonable control.
38. Complaints
If you have a complaint, please contact us in writing at:
enquiries@malvernhillscabins.co.uk
Please include your name, project address or order reference, a clear description of the issue, photographs where relevant, and what outcome you are seeking.
We will review the complaint and respond as soon as reasonably possible.
39. Data protection
We will use your personal information to respond to enquiries, prepare quotations, manage orders, deliver goods, carry out work, keep business records and meet legal obligations.
More information is set out in our Privacy Policy.
40. Severance
If any part of these Terms is found to be invalid or unenforceable, the remaining parts will continue to apply.
41. Changes to these Terms
We may update these Terms from time to time.
The Terms that apply to your order will normally be the Terms in force at the time your order is accepted, unless we agree otherwise in writing.
42. Governing law
These Terms are governed by the law of England and Wales.
The courts of England and Wales will have jurisdiction, except where consumer law gives you the right to bring a claim elsewhere.
43. Model cancellation form
This form may be used where a legal right to cancel applies.
To: Malvern Hills Cabins Ltd
Email: enquiries@malvernhillscabins.co.uk
I/We hereby give notice that I/we cancel my/our contract for the supply of the following goods/services:
Order placed on:
Received on:
Name of customer:
Address of customer:
Signature of customer, if sent on paper:
Date: