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Terms & Conditions

Interpretation

Agreement
The Order Form, the Order Acceptance confirmation, the Site Survey Form, and the Terms herein

Company
My Eco Space Group Ltd

Customer
The person(s) firm or company who purchases a Studio from the Company

Installation Site
The site specified by Customer for installation of the Studio

Studio
The Garden Studio specified in the Order Form and/or Order Acceptance confirmation (which for the avoidance of doubt shall not include any Optional Extras)

Non Structural Elements
Means any parts of the Studio which are not either Structural Elements or Optional Extras including (without limitation) all internal cladding, windows and doors

Optional Extras
The optional extras supplied by third parties made available to the Customer and specified in the Order Form

Order Acceptance confirmation
The order confirmation issued to the Customer following receipt of an Order Form and the requisite deposit

Order Form
The order form signed by the Customer confirming acceptance of these Terms

Property
The property within or upon which the Installation Site is located

Structural Elements
Means the floor, roof and external walls of the building

Terms

The terms and conditions set out below

1. Basis of Sale

1.1 The Company will sell the Lodge subject to these Terms.

1.2 The Customer agrees that the Agreement constitutes the entire understanding between the parties hereto and there are no representations, warranties, conditions and terms or obligations (implied or otherwise) whether written or oral, express or implied by custom or otherwise other than those specifically contained in the Agreement

1.3 Any advice or recommendation given by the Company or its employees or agents to the Customer or its employees or agents as to the Studio, which is not confirmed in writing by the Company, is followed or acted upon entirely at the Customer’s own risk, and accordingly the Company shall not be liable for any such advice or recommendation which is not so confirmed.

1.4 Any typographical, clerical or other error or omission in the order confirmation invoice or other document or
information issued by the Company shall be subject to correction without any liability on the part of the Company.

1.5 In these Terms, reference to a statute or statutory provision includes a reference to it from time to time, amended, extended or re- enacted.

1.6 The headings in this Contract are for convenience only and shall not affect their interpretation.

1.7 In these Terms where two or more individuals are included in the expression “the Customer” any obligation provided by them shall be deemed to be made by such persons jointly and severally.

2. Orders

2.1 All Order Forms will be formally accepted by the Company by the issue of an Order Acceptance confirmation. An Order Acceptance confirmation will only be issued following receipt of an Order Form together with the requisite deposit.

2.2 If for whatever reason no formal Order Acceptance Confirmation is issued by the Company, the Customer in accepting delivery and installation of the Lodge shall be bound by these Terms and Conditions.

2.3 Once the Order Acceptance confirmation has been issued by the Company to the Customer it may only be cancelled or the installation date deferred with the written agreement of the Company signed by a director and on the condition that the Customer indemnifies the Company for all costs incurred as a result of the cancellation or deferral including labour, materials, any other charges and expenses.

3. Customer Warranties

The Customer warrants that;

3.1 the Company will have unrestricted access to an adequate supply of electricity at all times during the installation at the Property

3.2 it will grant the Company suitable access to the Property at all times until payment in full has been made

3.3 the Installation Site and any access routes to the Installation Site have the capacity to support a maximum load of 10 tonnes

3.4 the Installation Site is accessible and free from any dangers. In particular that the Installation Site is sound, level and free from any obstructions.

3.5 it is the proprietor of the Property

3.6 it has obtained all required consents for the installation of the Studio including (without limitation);

3.6.1 consent from any mortgagee or charge of the Property

3.6.2 consent or planning permission from any local or public authority

3.7 the Installation Site has not been subject to subsidence, landslip or land-heave

3.8 the installation of the Studio does not contravene any planning or other regulation or legislation

The Customer hereby agrees at all times to keep the Company indemnified against all claims costs demands and liabilities arising as a result of the Customers breach of any warranty in this Clause 3 including (without limitation) the costs incurred by the Company as a result of any delay whilst such consents are obtained.

4. Installation

4.1 The Studio shall be installed by the Company at the Property unless otherwise agreed in writing. For the avoidance of any doubt the Studio is installed as an empty unit.

4.2 Any date specified by the Company in the Order Acceptance Confirmation for the installation of the Studio is approximate only and will be confirmed by the Company at least 5 working days before installation. This date shall not be made of the essence by virtue of this confirmation. Where no dates are specified, installation will be within a reasonable time. Subject to the other provisions of the Terms the Company will not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery or in the actual installation of the building, nor will delay in installation entitle the Customer to terminate or rescind the Agreement. Any liability of the Company for non-delivery of the Studio shall be limited to refunding the deposit (if any).

4.3 The Company shall use all reasonable endeavours not to cause damage to the Customer’s property and shall make good any damage caused

4.4 If in the reasonable opinion of the Company the installation site is not accessible or does not otherwise comply with Clause 3 the Company may without limiting its rights and in its absolute discretion defer installation to a later date subject always to the Customer indemnifying the Company for all additional costs incurred due to such deferment or the Company may cancel the Agreement with immediate effect whereupon the Customer’s deposit will be returned less an amount in respect of all the Company’s charges and expenses in connection with the Agreement up to the time of such cancellation.

4.5 It is the customer’s responsibility to arrange for a qualified electrician to connect the Studio to the Customer’s electricity supply and the Company excludes all liability in this respect. For the avoidance of doubt, notwithstanding that the Company may have agreed at additional cost to lay or install cables or conducting media to and from the Studio it remains the Customer’s responsibility to specify the type of cable/conducting media required and arrange for a qualified electrician to connect the Studio to the Customer’s electricity supply.

5. Company Warranty

5.1 The Company warrants that the Structural Elements of the Studio will be free from any significant defect for a period of 10 years from the date of the Agreement for purchase. In addition, the Company warrants that upon installation the Studio shall be free from any significant defect in other materials or workmanship.

5.2 If the Studio does not conform to these warranties the Company will take such steps as it deems necessary to bring the Studio into a condition where it is free from such defects or, at the option of the Company, refund the purchase price of the Studio to the Customer provided that the liability of the Company shall not in any event exceed the total purchase price of the Studio and the taking of the steps it deems necessary shall constitute an entire discharge of the Company’s liability under this warranty. If the Company opts to refund the purchase price any such refund is conditional upon the Customer providing the Company with access and all reasonable assistance that it reasonably requires in order to remove the Studio and upon such removal ownership of the Studio shall vest in the Company.

5.3 The Company shall not be liable for a breach of the warranty set out above relating to workmanship and materials other than Structural Elements, unless the Customer gives written notice to the Company within one month from the end of the build.

5.4 Any repaid or replaced goods will be guaranteed on these terms for the un-expired portion of the one month period.

5.5 All warranties, conditions and other terms implied by statute or Common Law (save for conditions implied by Section 12 of the Sale of Goods Act 1979) are to the fullest extent permitted by law excluded from the Agreement.

5.6 Where the Studio is sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affected by these Terms.

5.7 Nothing in these Terms excludes or limits the liability of the Company for death or personal injury caused by the Company’s negligence or fraudulent misrepresentation.

5.8 The warranty given in this Clause 5 shall not apply to any defects in the Studio arising as a result of any breach of the Customer’s Warranties set out at Clause 3 above or as a result of any subsidence, landslip or land-heave affecting the Installation or any other form of instability affecting the Installation Site.

5.8.1 The Company have not made allowances in the Order Form (quotation) for any revisits, after a one month period post completion, for any repair to the internal decoration.

5.9 The Company provides no warranty in relation to any Optional Extras save that it will use all reasonable endeavours to assign the benefit to the Customer of any manufacturer’s warranty relating to the Optional Extras capable of assignment.

6. Alteration in Specification

The Company reserves the right to make any changes in the specification of the Studio which do not materially alter their quality or function or where it is necessary to conform to any applicable safety or other statutory requirements.

7. Property and Risk

7.1 Risk in the Studio shall pass to the Customer upon handover of the keys to Studio and responsibility for effecting and maintaining insurance cover passes to the Customer at that time.

7.2 Title in the Studio shall not pass to the Customer until the Company has received payment in full (whether in cash or cleared funds) of all sums due to it in respect of the Studio.

8. Price and Payment Terms

8.1 The price for the Studio and any Optional Extras shall be shall be set out in the Order Acceptance Confirmation. The price shall be inclusive of any value added tax unless stated otherwise but excludes any other applicable tax which the Customer shall pay in addition to the price.

8.2 All prices quoted are valid for 90 days from the date stated below. Any orders placed after this 90 day period has elapsed may be subject to price changes.

8.3 Unless otherwise stated a payment of 10% of all sums payable to the company is payable on ordering the Studio from the Company. A second payment of 25% is due on signing off of drawings. A further stage payment of 35% is due at the end of the first day of construction work. A stage payment of 25% is due on fitting of doors and windows. The balance of such sums are payable at the time the keys to the Studio are handed over to the Customer and time for payment shall be of the essence. For the avoidance of doubt the full price of the Studio will be payable on the date that the keys are handed over notwithstanding that any Optional Extras may not have been installed or are not functional.

8.4 The Customer shall make the full payment due without any deduction whether by way of set-off, counterclaim or otherwise and no payment shall be deemed to have been received until the Company has received cleared funds.

8.5 The Company reserves the right to alter its price list at any time

9. Failure to Make Payment

9.1 If the Customer fails to pay the full payment on the due date then without prejudice to its other rights and remedies the Company may charge interest both before and after Judgement on the amount unpaid at the rate of 10% per annum above the Lloyds Bank base lending rate from time to time compounded monthly until payment is made in full with a part of a month being treated as a full month for the purposes of calculating interest.

9.2 Notwithstanding the above, if full payment has not been made on the due date the Agreement may be terminated forthwith by the Company serving not less than 48 hours written notice to the Customer, whereupon the Company shall be entitled to remove the Studio and for such purpose the Company shall have an irrevocable licence or authority to enter upon the Installation Site with such transport as may be necessary to recover the Studio. The Customer shall render all reasonable assistance to the Company to enable the Customer to disconnect the electricity supply and dismantle and remove the Studio from the site.

9.3 If the Company takes the action permitted by Clause 9.2 the Customer shall pay a removal charge.

10. Enforceability and Severability

Any provision of these Terms which is held to be illegal, invalid, unenforceable or unreasonable whether in whole or part shall to the extent necessary be deemed severable and the other provisions of these Terms and Conditions shall remain unaffected.

11. Amendment

These Terms shall not be amended, modified or varied except in writing signed by a director of the Company.

12. Assignment

12.1 The Customer shall not be entitled to assign or transfer the benefit of the Agreement or any part of it without the Company’s prior written consent.

12.2 The Company may assign the Agreement or part of it to any person, firm or company.

13. Damages

Save as described in these Terms and Conditions the Company shall not be liable to the Customer for any loss or damage whether direct or indirect and howsoever caused. In any event the Company’s liability to the Customer in respect of the non-performance of any of the Company’s obligations shall be limited to the price of the Studio.

14. Force Majeure

The Company shall not be liable to the Customer or deemed to be in breach of these Terms and Conditions because of any delay or failure to perform any of the Company’s obligations if the delay or failure was due to any cause beyond the Company’s control.

15. Insolvency

If the Customer shall go into liquidation whether compulsory or voluntary (except the purposes of a bona fide reconstruction or amalgamation) or if a petition shall be presented or an order made for an administrator or if a receiver, administrative receiver or manager shall be appointed over any part of the assets or undertaking of the Customer or the Customer being an individual shall become bankrupt or make any arrangement with its creditors, then without limiting its remaining rights the Company shall be entitled to immediately recover from the Customer all sums then due and all losses arising to the Company as a result of such circumstances arising, and shall be entitled to give notice to the Customer to terminate the Agreement pursuant to Clause 9.2.

16. Notices

Any notices to be given shall be in writing and be deemed to be given if left at last known address of the Company or the Customer as the case may be or sent to the same by first class post or email and shall be deemed to have been received two working days after despatch if sent by post or on receipt of a transmission in legible form if by facsimile or on delivery if by hand.

17. Waiver

No failure or delay on the part of the Company to exercise any right or remedy under these Terms shall be construed or operate as a waiver thereof. The rights and remedies provided are cumulative and are not exclusive any rights or remedies provided by law.

18. Governing Law

Any claim or dispute arising out of these Terms shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.

PRIVACY & COOKIE POLICY.

Last updated: Aug 2nd, 2018

My Eco Space (“us”, “we”, or “our”) operates the www.royalquaysbc.co.uk website (the “Service”).

Cookie policy

This website uses cookies to distinguish you from other users of the website.  This helps us to provide you with a good experience when you browse our website and also allows us to improve the website.

By continuing to browse the website, you are agreeing to our use of cookies as set out by this policy.

1. Information about cookies

A cookie is a small file of letters and numbers that, if you agree to their use, is stored on your browser or the hard drive of your computer or device.  They contain information that is transferred to your hard drive. The cookies that we could use can be split into the following categories:

  • Strictly necessary cookies.These are cookies that are required for the operation of the website.  They include, for example, cookies that enable you to log into parts of the website.
    • Analytical/performance cookies.These cookies allow us to recognise and count the number of visitors to the website and to see how they move around within the website when they are using it.  This helps us to improve the way the website works, for example, by ensuring that users are finding what they are looking for easily.
  • Functionality cookies.These are used to recognise you when you return to the website.  This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
  • Marketing cookies.These cookies record your visit to the website, the pages you have visited and the links you have followed.  We may share this information with third parties (see our Privacy Policy for more information on how we use information we collect from you).

2. The cookies we use

We use the following cookies:

Category

Cookie Name

Purpose

Duration

Visitor Analytics

_ga

Used by My Eco Space to see how our website users navigate the site.

26 months

Visitor Analytics

_gat

Used by My Eco Space to see how our website users navigate the site.

Until you close the browser

Visitor Analytics

_gid

Used by My Eco Space to see how our website users navigate the site.

1 Day

System

wordpress_test_cookie

Used by WordPress to check that cookies work

Until you close the browser

System

itsec-hb-login

Used by WordPress to manage logins

Until you close the browser

System

CookiesDirective (Marketing / Analytics)

Used by the website to notify cookies are in use

1 year

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control.  These cookies are likely to be analytical/performance cookies or targeting cookies.

3. How you can block cookies

You were presented with a pop up when you first visited this website to gain your consent for the use of the above cookies. If you change your mind you can revisit this options menu by clicking on the button in the bottom left hand corner. To opt out of our cookies at any time you can also delete the existing cookies within your website browser and reject them upon visiting our site.

Also, you can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies.

However, please be aware that blocking cookies may affect your ability to use the website.  In particular, you may not be able to access all or parts of the website or use the functionalities contained on it.

Privacy policy

This policy, together with any other documents referred to in it, sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.  Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. We will not use or share your information with anyone except as described in this Privacy Policy. We are committed to protecting and respecting your privacy.

By visiting this website, you are accepting and consenting to the practices described in this policy.

1. Information we collect from you

We will collect and process the following categories of data about you:

  • Information you give us.This is information about you that you give us by filling in forms on the website (Site), interacting with the Site or by corresponding with us by phone, e-mail or otherwise.  It includes information you provide when you sign up to our newsletter service, make an enquiry about our products and services or log a support ticket.

The information you give us will include your name, address, e-mail address and phone number, as well as preliminary information about your business.

  • Information we collect about you.This is information that we collect automatically about your visit during your time on the Site.  It typically involves technical information and is often collected using small data files called “cookies”.  This information helps us to provide you with a good experience when you browse the Site and also to indicate where the Site requires improvement.

More information on how cookies work, what cookies we use and why can be found in our Cookie Policy (see above).

  • Information we receive from other sources.This is information that we receive about you if you use any of the other websites we operate.  In this case we will have informed you when we collected that data if we intend to share those data internally.  We will also have told you for what purpose we will share your data.

This also includes information that we receive from third parties, such as business partners, sub-contractors in technical services, advertising networks, analytics providers, search information providers and so on.  We will notify you when we receive information about you from them and the purposes for which we intend to use that information.

Social Media platforms

We operate social media platforms. These platforms are, in most cases, operated outside of the EU and do not comply with current Data Privacy Act and subsequent GDPR provision although they may well conform to the U.S Privacy Shield protocol.

It is our process and protocol that any personally identifiable data gathered on these platforms is only in response to users interacting out of their own volition with our marketing pages. The contact is deemed as a  legitimate business enquiry. The personal contact data is removed from the site once the enquiry is processed or the user has requested so.

Analytics

Our website uses Google Analytics to collect information about how visitors use our website. We anonymise this data at the point of collection and automatically delete user and event data that is older than 26 months.

2. Uses made of the information

All information about you that we collect or receive, whether of a personal or technical nature, may be used by us in the following ways:

  • To carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
  • To provide you with information about other goods and services that we, or our selected partners, offer that are similar or relevant to those that you have already purchased or enquired about, such contact will only be made by email or phone from which you can opt out at any time; To notify you about changes to our services;
  • To administer the Site and for internal operations, including troubleshooting, system and security updates, data analysis, testing, research, statistical and survey purposes;
  • To improve the Site to ensure that content is presented in the most effective manner for you and for your computer;
  • To allow you to participate in interactive features of our service, when you choose to do so;
  • As part of our efforts to keep the Site safe and secure;
  • To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; and
  • To comply with our record keeping and information storage obligations and policy (please see the “Where We Store Your Personal Data” section below for more details).

Information we receive from other sources.

We will combine this information with information you give to us and information we collect about you.  We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).

3. Disclosure of your information

We may share your information with:

  • Any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006;
  • Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you;
  • Analytics and search engine providers that assist us in the improvement and optimisation of the Site;
  • Third party support services, such as, but not limited to project management tools, accounting systems and hosting data centre.
  • Trusted third party data processors, including but not limited to Google, Facebook and Mailchimp.

We will disclose your personal information to third parties:

  • In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets;
  • If we, or substantially all of our assets, are acquired by a third party, in which case personal data held by us about our clients will be one of the transferred assets;
  • If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or
  • To protect our rights, property or safety, or those of our clients or others.
  • When it is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.

4. Where we store your personal data

All information that you provide to us is stored on our, or our selected business partners’, secure servers, and we will take reasonable steps to protect your information in accordance with this policy, including (without limitation):

  • Installing a secure firewall;
  • Using anti-virus protection software;
  • Encrypting data; and
  • Carrying out regular back-ups.

All data sent via website forms is passed through a third party relay service and deleted after 30 days.

Unfortunately, the transmission of information via the internet is not completely secure.  Although we will do our best to protect your personal data, we cannot guarantee the security of any data transmitted to the Site; and any such transmission is at your own risk.

Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

5. Your rights

You have the following rights under law in respect of your personal information:

  • The right to be informed about the collection and use of your personal information;
  • The right of access to your information to verify the legality of our use of it;
  • The right to request that inaccurate or incomplete information about you is rectified;
  • The right to request the deletion or removal of your information where there is no further reason for us to use it (such as you have withdrawn your consent);
  • The right to restrict the use of your information;
  • The right to obtain and reuse the information that we have about you for your own purposes;
  • The right to object to certain uses (such as for marketing purposes); and
  • The right not to be subject to a decision that has a legal effect on you that has been based on an automated decision.

Should you wish to exercise any of these rights, you may do so at any time by writing to us at the address: My Eco Space, Unit 7 Bridge Garage, Huddersfield Road, Mirfield WF14 9HS.  In some cases, we are permitted to charge a small fee of no more than £10 in respect of our administrative costs.

If you would like to request the information we hold about you under a Subject Access Request (“SAR”) you can download an application by clicking here.

If you feel that your rights have been breached in any way, you should contact Kevin Moore at the address given above or lodge an official complaint with the Information Commissioner’s Office via their website (https://ico.org.uk) or by writing to: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire,  SK9 5AF.

The Site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies.  Please check these policies before you submit any personal data to these websites.

6. Changes to our privacy policy

Any changes we make to our privacy policy in the future will be posted on this page.  Please check back frequently to see any updates or changes to our privacy policy.

7. Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to Kevin Moore at enquiries@myecospace.co.uk