NOTE:

***Please note that all telephone calls will be recorded.***

By ordering online or offline from Hortons Portable Buildings Limited You agree to be bound by and accept the Terms and Conditions ("T&C") contained within this Website at the date of Your Order. Would You please ensure that You read all of the T&C very carefully before placing Your Order. You should also print out and retain a copy of the T&C.

 Please contact Us by telephone on 01403 888 222 or email (sales@hortonsgroup.com) before You order if You have any questions relating to the T&C. All calls are charged at the national rate (BT only, other networks may charge differently). 

We will also request that You confirm that You have read and understood the T&C as part of Our processing procedures.

BREXIT NOTE - 28 MAY 2019

NB:  This Note is part of Our Terms and Conditions.

 Background

This agreement applies between You, the User of this Website and Us, the owner of this Website. Your agreement to comply with and be bound by the T&C is deemed to occur upon Your first use of the Website. If You do not agree to be bound by the T&C, You should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance. Your Order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a dispatch email to You indicating that Your Order has been fulfilled.

1.     Definitions and Interpretation

In the T&C the following terms shall have the following meanings:

 

 

2.     Age Restrictions

For legal reasons, anyone under the age of 18 should use this Website only with the supervision of another person who is at least 18 years old. For legal reasons, payment Information must be provided by or with the permission of another a person who is at least 18 years old.

3.     Business Customers

These Terms and Conditions do not apply to customers buying Goods in the course of business. Please contact Us for further details.

4.     International Customers

4.1.  We are currently able to accept orders from the following European Union and European Economic Area countries.  These countries are all members of the Single Market:  Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the UK.

4.2.  We are unable to accept online orders from outside of the UK.  Please contact us by telephone first to discuss your requirements.  We are unable to deal with such orders via email communication initially.  

4.3.  The current and ongoing ‘Brexit’ negotiations may impact on Our T&C in the future.

4.4.  We are unable to accept, discuss or process orders from  any countries that are not included within this list due to local legal/customs requirements and the risks to Us of non-compliance.

5.     Intellectual Property

5.1.   Subject to the exceptions in Clause 6 of the T&C, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of the Company, Our affiliates or other relevant third parties. By continuing to use the Website You acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

5.2.   Subject to Clause 6 You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by the Company.

6.     Fair Use of Intellectual Property

Material from the Website may be re-Used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

7.     Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under Our control or that of Our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the Use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

8.     Links to this Website

8.1.   Those wishing to place a link to this Website on other sites may do so only to the home page of the site http://www.hortonsgroup.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of a Director of the Company.

8.2.   To find out more please contact Us by email at sales@hortonsgroup.com, or 01403 888 222 or at Our Premises.

9.     Use of Communications Facilities

9.1.   When using the enquiry form or any other System on the Website You should do so in accordance with the following rules:

9.1.1.   You must not use obscene or vulgar language;

9.1.2.   You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

9.1.3.   You must not submit Content that is intended to promote or incite violence;

9.2.   Submissions must be in English as We cannot respond to enquiries submitted in any other languages;

9.3.   The means by which You identify Yourself must not violate the T&C Us or any applicable laws;

9.4.   You must not impersonate other people; and

9.5.   You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".

9.6.   You acknowledge that the Company reserves the right to monitor any and all communications made to Us or use of Our System.

10.Goods, Pricing and Availability

10.1.                    We try to ensure that all details of the Goods (descriptions, prices, log thickness, design options, delivery and other details We add to the Website from time to time) that appear on the Website are complete and correct. The images on the Website are representative of some of the options that We can provide. The images do not represent every option that can We can provide.

10.2.                 The details of the Goods on the Website may not be an accurate reflection of what is available at the exact time when You make Your Order. Please call Us on 01403 888 222 if You have any queries.

10.3.                 Where appropriate, You may be required to select the required size, model, number and log thickness of the Goods that are Your Order. These details form the basis of Your Order so please check them carefully. If You realise that You have made an error, please call Us as soon as possible on 01403 888 222.

10.4.                 We do not represent nor warrant that such all Goods will be available. Stock indications are not provided on the Website. Please call Us on 01403 888 222 if You have any queries.

10.5.                 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and to alter or remove any special offers from time to time and as necessary. All of Our pricing information is reviewed and updated regularly.

 

10.6.                 We will contact You prior to Your Order being processed if the price will be different from the original price and You will be able to cancel Your Order if You wish.

10.7.                 All prices on the Website include Value Added Tax ("VAT") at the applicable rate for the United Kingdom.

11.  Payment Schedules for the Goods

11.1.                 The date of Your Order is the date when We receive the deposit funds.

11.2.                 We provide an outline of Our payment schedules below. We will confirm the precise schedule for Your Order.

11.3.                 The schedules are subject to change.

11.4.                 Standard Buildings

11.4.1.                      50% at the time of the Order

11.4.2.                      Outstanding balance before delivery

11.5.                 Bespoke Buildings

11.5.1.                      80% at the time of the Order

11.5.2.                      Outstanding balance before delivery

11.6.                 Buildings in excess of £20,000 cost

11.6.1.                      40% at the time of the Order

11.6.2.                      40% at the confirmation of the plans

11.6.3.                      Outstanding balance before delivery

11.7.                 Plans required for submission to Planning departments (UK only)

Charges vary. Please advise Us at the time of Your Order.

12.Goods made from timber

12.1.                 You should be aware that Timber is a natural product and does not have the same properties or consistency as synthetic products. Our buildings are in a "planed" state and not sanded, therefore there may be some parts that have a slightly rougher feel and look to them - You can sand these down if you prefer (and re-paint if You have ordered a factory painted cabin). 

12.2.                 Timber will move and weather as it seasons;

12.3.                 Small splits may occur in the timber when it dries and warping may occur when it dries quickly. An increase in humidity will normally rectify these issues.

12.4.                 These are natural characteristics of timber and do not indicate that the Goods are faulty.

12.5.                 Our timber Goods are kiln-dried but will also require the application of a preservative. Please see Clause 16.

12.6.                 We stock several ranges of preservative but You are free to chose other products if You wish. The sales prices of Our Goods are not dependent upon purchase of these products.

13. Installation

13.1.                 Upon request, We can provide details of an independent installation company.

13.2.                 If You choose to employ this company to undertake installation work in connection with Our Goods then You agree that the company has full responsibility for undertaking the work, under their own Terms and Conditions and in accordance with their own Guarantee, and that the company is responsible for resolving all and any issues in connection with their installation work.

13.3.                 Your employment of this company is not a condition of purchasing Our Goods, nor does it affect or reduce the price of Our Goods.  No obligation exists on Your part to employ this company.

13.4             The installing company will not fix Your building down to Your base - this is not part of the contract.

13.5             You are responsible for any problems caused to the building or structure by extra fixings and/or works carried out by You after the installation is complete and signed off. It is not Our responsibility to correct any problems caused, including any reparations required, to the original structure by Your extra works. Works can include but not limited to - lining and insulating the building in a non-approved manner, fixing vertical shelving units, fixing of curtain poles, fixing of cabinets, installation of plumbing and/or electrics, cutting any part of the building.

13.6             Timber buildings require ongoing maintenance and adjustments (including but not limited to - hinge adjustments in windows & doors, lubrication of hinges and locks, movement in ceiling boards, roofing materials, painting/preserving the building) - this is Your responsibility and not Our responsibility or of the installers.

13.7             It is Your responsibility to inform the installers if you intend to heat the building- 

13.7.1          If You do not, the installers will fit the floor boards without floor board clamps (ie the default option) and it is not the installers responsibility if the floor boards develop gaps between them. At Your request, the floor boards can be left within the (heated) building to acclimatise to the internal moisture content before being laid - either by You or, for a pre-arrange extra cost by the installers on a mutually convenient later date.

13.7.2         Conversely, if You request that the floor boards be fitted with floor board clamps (ie very tightly together), and the building is not heated sufficiently such that the floor boards swell up and buckle, then it is not the responsibility of the installers to re-lay Your floor boards. 

13.8             If ground or site conditions are deemed unsuitable, it is still Your responsibility to pay the installers for the works carried out so far. If extra works or more contractors are required to carry out extra works not quoted for or not known before the works started (skips, excavators, retaining walls for steep slopes, structural engineers for ground stability), You are liable for these extra costs.

13.9            If You lay a base and ask us to install a building upon your base, it must be level, square and large enough to fully support the building. If the base is not level, square or large enough then the installers are entitled to deem an aborted visit and arrangements will need to be made to re-visit once the base is corrected.

In certain circumstances it may be possible to still build upon the faulty base, if this is the case then You will be asked to sign a base disclaimer. By signing this base disclaimer, you waive all guarantees for the building and the installers will build the building in the best way that they see fit. This may mean that the building is not true and square, doors and windows may not be level in order to keep their frames square. There may be a number of options available in how to install certain items - if You are present at the time of installation, the installers will ask for your preference, however if You are not present then the installers will install it as they see fit (as previously stated, You waive all recourse if you would have preferred a different method of install).

13.10          We will always try to estimate the time taken for an installation in advance if requested to do so, but this is not guaranteed as there are many factors which could alter this (traffic travelling to site, distance to carry the goods, site accessibility, weather, etc). If you have booked other trades or works (electricians, plumbers, landscapers etc) to tie in with the installation, we will not be liable for any extra costs you may incur should the installation be longer or shorter than anticipated.

13.11          We do not install plumbing or electrics but if YOU are going to install these then YOU and YOUR plumber and/or electrician need to read the relevant passages in our FAQ page here - https://www.hortonsgroup.com/faqs. If installed incorrectly, this will contravene our terms and conditions and we will not be liable for any costs incurred to rectify the resulting problems that will occur.

14.Delivery

14.1.                 Our independent Carrier will advise You of Your delivery date by telephone or by email.

14.2.                 The Carrier is independent of the Company, and works for other clients, however, We organise delivery of the Goods and maintain an overview.

14.3.                 Our Carrier will try to accommodate Your request for a different delivery date, for example, if You will be away from home on the proposed delivery date.

14.4.                 If You do not respond to this communication, either by telephone or by email within 7 working days then Our Carrier will store Your Goods and will charge the storage costs to You for the period of time until You re-arrange Your delivery. If You respond by email then please copy Us at sales@hortonsgroup.com.
 

14.5.                 Our Delivery Policy is here

15.Cancellation and Returns

15.1.                 We do not hold stocks of the Goods at Our Premises or elsewhere. All the Goods are made to order.

15.2.                 Cancellation of Your Order under the Consumer Protection (Distance Selling) Regulations 2000

15.2.1.                      You can cancel Your Order provided that You notify Us up to 7 working days after the day on which You receive the Goods. The notification can be made via telephone on 01403 888 222 and confirmed via email to sales@hortonsgroup.com to avoid any confusion.

15.2.2.                      If You change Your mind and wish to cancel Your Order after it has been dispatched to You then, provided that You notify Us up to 7 working days after the day on which You receive the Goods. Our Carrier will invoice Us directly and We will invoice You once cleared funds have been received, Our Carrier will arrange the date and time of collection with You directly.

15.3.                 We will refund the Order price less any included transport costs. You must take reasonable care of the Goods (for example, ensuring that the Goods are not exposed to adverse Weather by storing them inside or covering with a polythene sheet) and You must not have assembled or painted any parts. We will consider that You have breached Your statutory duty of reasonable care if the Goods have been assembled.

15.4.                 Your right to return Goods does not apply to bespoke/personalised Goods, nor to the custom made plans (should they have been drawn before your cancellation, then they will still be chargeable at £500.00 including VAT).

15.5.                 Incorrect Goods

15.5.1.                      If You receive incorrect Goods You please refuse delivery of the Goods by

15.5.1.1.    noting Your refusal in writing on the delivery note; and

15.5.1.2.    contacting Us immediately on 01403 888 222.

15.5.2.                      We will offer You

15.5.2.1.    a refund of all costs (including the delivery cost);or

15.5.2.2.    replacement of the incorrect Goods (assuming they are unused and "as new") with the correct Goods.

15.5.3.                      We will advise You if there will be a manufacturing delay for Your replacement Goods. You can ask for a refund if the delay would inconvenience You.
 

15.6.                 Faulty Goods

15.6.1.                      Timber Goods

15.6.1.1.    We know that the size of Our timber Goods, when delivered, prevent You from making a close inspection. We require that You inform Us of any damaged parts within 14 days after the day of delivery on 01403 888 222 or sales@hortonsgroup.com. If the goods are off-loaded by hand and damage is evident, then You must sign the delivery note stating that the goods are damaged. If the goods are signed for without any additional comments then they are deemed to be in good condition.

 

15.6.1.2.    We require that You send Us colour photographs of the damaged Goods so that We can assess the problem and take the appropriate action. We prefer digital photographs which will enable Us to remedy the problem as quickly as possible. If You do not have access to a digital camera then please advise Us and let Us know when You will be able to send the photographs by post.

 

15.6.1.3.    If You will not be able to inspect the Goods within 14 days after the day of delivery for any reason then You must contact Us on 01403 888 222 or sales@hortonsgroup.com to advise Us when You will be able to inspect the Goods. If You do not contact Us within the 14-day period then We will consider that Your Order has been completed.

15.6.2.                      Non-timber Goods

Please advise Us within 7 working days after the day that You received the Goods on 01403 888 222 or sales@hortonsgroup.com for replacement or refund.

If you have received broken or cracked glass in a door or window, then We will send replacement glass for You to re-glaze on site.

Sadolin Superdec - This brand of paint only has 2 standard colours (Black and Super White), all other colours are ordered and  mixed to order and are therefore non-returnable.

15.6.3.                      Goods damaged in transit

If apparent damage to the Goods is visible on delivery then please refuse delivery of the Goods by

15.6.3.1.    noting Your refusal in writing on the delivery note;

15.6.3.2.    ensuring that Our Carrier counter-signs Your refusal; and

15.6.3.3.    contacting Us immediately on 01403 888 222

15.6.4.                      We reserve the right to exercise discretion with respect to any returns under the T&C. Your Statutory Rights are not affected by the T&C.

16.Treatment of Goods made from timber

16.1.                 You must apply a waterproofing preservative treatment to the Goods as soon as they have been constructed into a building. Tanalith pressure treated buildings are only protected against insect and fungal attack, Tanalith is not a waterproofer. Tanalith adds a pale green colour to the timber which fades in time, but You must still apply a waterproofing treatment immediately after construction (unless the building is ordered with factory painting as well).

16.2.            If you choose the factory application of timber treatments, the timber is planed but not sanded before the treatment is applied and no blocking primer  (or "knotting") is used to guard against resin and extractive discolouration.

16.3.           Resin (occurs around knots) or sap pockets naturally occur in timber and does not constitute a fault. You cannot stop sap running out of the timber, it is a case of letting the sap pocket empty over time which happens more quickly during hot weather (and cleaning it off intermittently as required). Sap can easily be cleaned off the timber by scraping the initial globule(s) and streaks using a paint scraper and then cleaning the residue off with a rag and white spirit. In some extreme  cases sap can run out behind paint and cause it to "bubble up" (paint makes film over the timber whereas stain soaks into the timber, therefore stain will not bubble up). This is solved by cutting a hole in the paint bubble, cleaning the sap away and then touching up the paint as required.

16.4.            We do not factory paint roof boards, floor boards or roof purlins (you may need to purchase extra paint if a colour match to the rest of the building is required). No fixings applied at the factory will be countersunk, filled and over-painted as various fixings (screws) will need to be accessible during the installation process. Spare "touch-up" paint is provided with all factory painted cabins should any timber require cutting or is scratched during transport or installation. You should not use this touch up paint for painting roof canopies etc - You will need to purchase extra paint for this purpose. If you have purchased a Twinskin with different internal and external log colours, you will also need to purchase extra external paint if you wish to match the colour of the internal log ends with the external colour (where they protrude through to the outside).

16.5.                 Wherever possible, this work should be done when both the building is dry and the weather is dry (this is especially important with framed buildings - if the cladding is not fully dry when painting with a coloured preservative or paint, then this will result in unpainted lines revealing themselves when the cladding does dry and shrink back, thereby exposing the raw unpainted timber). You must follow the manufacturer's instructions on Your preservative product.

 

16.6.                 If you paint the building elements before assembling, we advise careful painting of the wall timbers of log cabins before assembling them so that You do not clog up the notching joints. We do not advise You to paint any roof or floor boards before assembling at all as they will be very difficult to slot together and could result in damaging the boards. If you are using a stain that soaks into the timber rather than one that forms a film over the surface of the timber then this will not cause a problem.

 

16.7.                 Note that the treatment must be applied to all exterior surfaces (walls, roof overhangs/canopies, fascias, trims, windows and doors) and the interior of the building, including the ceiling. You must ensure that all joints between the wall boards are thoroughly painted such that there is a seal between the boards, there should be no breaks in this seal around the external faces of the building - in extreme weather conditions, wind pressure can drive rain through timber joints, be they vertical or horizontal, and cause dampness inside your building. We advise that a flexible paint is used to allow for any timber movement without breaking the paint seals between timbers. We will refuse to consider any claim of any kind if You have not treated the building in accordance with this. It is Your responsibility to care for the building because it is Your property.

16.8.                 You must apply an antifungal basecoat treatment immediately to the Goods, at the very least, to avoid mould and fungal growth on the timber. These treatments are (usually) clear and therefore will not affect the finish of Your constructed building.

16.9.                 Note on timber doors and windows

16.9.1.                      Please call Us on 01403 888 222 if You can no longer open, close or adjust a door or window.

16.9.2.                      We will offer You some general advice.

16.9.3.                      Please contact Us again if the problem persists. We will then request photographs of the problem so that We can work on a more accurate solution and will offer You some further advice.

16.9.4.                      If the problem persists, please contact Us again and We will send another door or window frame to You. The door or window casement will be unglazed, unless the glass in the original frame was broken as a result of the problem, and You will use the glass form the original frame to glaze the new frame.

16.10.                 The replacement part(s) will be delivered to You free of charge. The replacement part(s) may be configured differently to the original part(s). ie 2 smaller pieces may be supplied instead of one large piece, but will replicate the same function and appearance once installed.

16.11.                 Packaging [Clause 10 in Delivery Policy]

16.11.1.                      The Goods are wrapped in a plastic, waterproof, non-breathable membrane which is designed to be weather-tight.

16.11.2.                      We cannot guarantee that they will remain in perfect condition if they are stored on Our Premises for an extended period of time because any moisture that is within the wrapping cannot escape and would cause "sweating".

16.11.3.                      "Sweating" may degrade the product.

16.11.4.                      If You do not intend to construct the Goods as soon as You receive them You must loosen but not remove all of the plastic wrapping to aerate the timber. We emphasise that the plastic wrapping must be placed in such a way that it remains a weather-proofing layer.

16.11.5.                      We will not accept any claim for damage if the weather-proofing layer has been completely removed and the Goods have been exposed to the elements. The Goods are Your property and You must take reasonable care of them.

 

17.Privacy

Use of the Website is also governed by Our Privacy Policy.

 

18.Disclaimers

 

18.1.                 We do not warrant or represent that the Website

18.1.1.                      will meet Your requirements;

18.1.2.                      will be of satisfactory quality;

18.1.3.                      will be fit for a particular purpose;

18.1.4.                      will not infringe the rights of third parties;

18.1.5.                      will be compatible with all systems;

18.1.6.                      will be secure; and

18.1.7.                      that all information provided will be accurate.

 

18.2.                 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

18.3.                 No part of this Website is intended to constitute a contractual offer capable of acceptance.
 

19.Planning

19.1.                 You must ensure that You have obtained any and all relevant Planning permissions, including the submission of any calculations required for Building Regulations approval, before You Order Your Goods.

19.2.                 We are not liable for any infringement of Planning laws and We do not offer any form of advice.

 

20.Changes to the T&C
 

We reserve the right to:

20.1.                 modify or withdraw, temporarily or permanently, this Website (or any part of it) with or without notice to You and You confirm that We shall not be liable to You nor to any third party for any modification to or withdrawal of the Website; and/or

20.2.                 change the T&C. Your continued Use of the Website (or any part of it) following any such change will be deemed as Your acceptance of the change. You must access the Website regularly to find out if the T&C have been changed. If You do not agree to any change to the T&C then You should not Use the Website.

21.Availability of the Website

21.1.                 The Service is provided "as is" and on an "as available" basis.

21.2.                 We do not warrant that the Website will meet Your requirements nor that it will be uninterrupted, up-to-date or free of errors, nor that defects will be corrected nor that the site or the server that makes it available are free of viruses or bugs nor that the site or server represents the total functionality, accuracy, reliability of the Website. We will not be responsible or liable to You for any loss of content or material uploaded or transmitted through the Website.

22.Limitation of Liability

 

22.1.                 To the maximum extent permitted by law, We do not accept liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.

22.2.                 Nothing in the T&C excludes nor restricts Our liability for death or personal injury resulting from any negligence or fraud on Our part.

22.3.                 Nothing in the T&C excludes or restricts Our liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
 

23.Severance

If any part of the T&C is deemed to unlawful or void or unenforceable for any reason unenforceable, then that clause of the T&C will be deemed to be severable from the T&C and shall not affect the validity and enforceability of any of the other clauses in the T&C.

 

24.No Waiver

In the event that any party to the T&C fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

 

25.Previous T&C

In the event of any conflict between the T&C and any prior versions thereof, the provisions of the T&C shall prevail unless it is expressly stated otherwise.

 

26.Notices

 

26.1.              All notices and/or communications shall be given to Us either by post to Our Premises or by email to sales@hortonsgroup.com

 

26.2.                 Any such notice or communication will be deemed to have been received 5 days after posting, the send date if the email is received on a working day and on the next working day if the email is sent on a weekend, or on a public holiday.

27.Law and Jurisdiction

The T&C are governed by and are construed in accordance with the laws of England. You irrevocably submit to the exclusive jurisdiction of the courts of England.