Where you have any questions or concerns relating to your order, please contact us at email@example.com.
Email: firstname.lastname@example.org Phone: 0204 509 1150
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
2.1 Who we are. We are a Limited Liability Company operating as Moonalabs Ltd. Our VAT number is 379534060.
2.2 How to contact us. You can contact us via any of the following means:
Phone: 0204 509 1150
Post: Moonalabs Ltd, 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3.1 How we will accept your order. Our acceptance of your order will take place when we tell you that we are able to provide you with the product, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified or because we are unable to deliver to your delivery location.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK mainland. Our brochure and website are solely for the promotion of our products in the UK mainland. We do not accept orders from or deliver to addresses outside the UK mainland.
4.1 Products may vary slightly from their pictures. The images of the products in our brochure and our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours or the printed pictures in our brochure or on our website accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our website and in our brochure are subject to reasonable levels of tolerance.
4.2 Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct. If you require information and tips on how to measure please contact us.
5.1 Product changes. If you wish to make a change to the product you have ordered please contact us as soon as possible. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. We generally do not accept changes later than 28 days prior to an agreed delivery date.
6.1 Minor changes to the products. We may change the product:
6.1.1 to reflect changes in relevant laws and regulatory requirements; and
6.1.2 to implement minor technical adjustments and improvements, for example to address a cosmetic issue (these changes will not affect your use of the product).
6.2 More significant changes to the products and these terms. In addition, as we informed you in the description of the product in our brochure or on our website, we may make the changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect.
7.1 Delivery costs. Delivery costs are included with our prices. We do not sell products without delivery.
7.2 Delivery Criteria. If you are providing the base, it must be solid, of the correct size and within 10mm of level across the whole base. The base must be at least 300mm away from any obstructions such as fences, hedges, etc. Access must be a clear, walkable route at least 700mm wide. The base must not be more than a reasonable distance from our delivery trailer so that our product can be carried to the site of installation.
7.3 Height restrictions. Any height restrictions on the access route must be notified on the access forms sent out to you.
7.4 Access. Where access to the site of installation or a base is through your property, it is your responsibility to protect the floors and walls of your property as deemed appropriate.
7.5 Parking. Any parking restrictions or permits required must be obtained by you before our arrival and you must have in place all that is necessary to ensure legal and safe parking of our delivery vehicle and trailer immediately upon our arrival.
7.6 Base level. Where you ordered a base from us, either ground screws, concrete plinths, or any other, the site where the base is required must be clear of plants, rubble and any obstacles. The area of ground where the base is to be sited must be within 100mm of level. We are able to lift normal turf but this will be left at your premises.
7.7 Electricians. Unless previously agreed in writing, we will only complete the internal wiring and installation of switches, sockets, ports, lights and other electrical fixtures including the internal consumer unit. It will then be your responsibility to ensure that a qualified electrician installs a suitable armoured cable directly from our mains fuse box and connects it to the internal consumer unit that has been installed by us. It is the responsibility of the electrician completing the full connection to certify the electrical works.
7.8 If and when we have agreed to do the electrical installation every effort is made to provide an accurate quotation for electrical works. It is your responsibility to ensure that a suitable cable is available at the site for connection to the garden room and the power is drawn directly from the mains / fuse box. We cannot be held liable should the cable prove to be unsuitable or inadequate. We reserve the right to refuse to complete electrical work or to apply additional charges where a connection is not possible with the current power source/consumer unit. The customer will be informed and quoted prior to any necessary additional works being carried out.
7.9 The company website, brochure and any elevation drawings serve as a guide only and do not form part of any contract.
7.10 The company make every effort to be as accurate as possible however precise measurements indicated on our website, in our brochures and on any order documentation are subject to reasonable levels of tolerance.
7.11 The company reserves the right to alter specifications without prior notice. Changes to product specification are rare and reasons for doing so may include, but are not limited to, improving general quality or efficiency of the product, because the material is no longer available to the company or for drastic changes in material costs. The company will always endeavour to inform the customer when any significant specifications are to be amended.
7.12 When we will provide the products. Because our products are made to order our manufacturing and delivery lead times vary throughout the year depending on demand. As soon as reasonably possible we will contact you to agree a delivery timeframe. We will then contact you again closer to the delivery date to agree a firm date or period for delivery.
7.13 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay of longer than twelve weeks you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.14 Severe weather conditions. From time to time, severe weather conditions (heavy snow, strong winds, storms) may occur which may mean that we are unable to deliver and install your product. We will act as quickly as we are able to inform you and to reschedule the delivery and installation of the product as soon as is reasonably practicable.
7.15 You must be present when the product is delivered. We require you to be present when we arrive to install the product. Once the installation team or builder is settled then you may choose to leave. However we require the person whose name appears on the invoice to be present on completion of the installation as part of our sign-off procedure.
7.16 If you are not at home when the product is delivered. If no one is available at your address to take delivery we will leave you a note informing you of how to rearrange delivery. This will be subject to additional costs.
7.17 If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and we will charge you additional costs incurred by us to make a return visit. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and clause 9.2 will apply.
7.18 If you do not allow us access to provide services. If you do not allow us access to your property as arranged (and you do not have a good reason for this) or the delivery criteria are not met we will charge you additional costs incurred by us as a result and this must be paid in full before we return to install the product. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 9.2 will apply.
7.19 Unsafe access. If our installers, on arrival to your premises, deem the premises, (including the access route or site of base) to carry features or be in a state that may carry risk to them or the product, we reserve the right to deliver the product to a safe point on or at the entrance of your premises without installation.
7.20 Whilst every care is taken to avoid any damage to the Customer’s property, Fokus Breathing Room Ltd cannot be held liable for unavoidable damage caused by the installation teams. The Customer accepts that some damage may be unavoidable, especially to access routes and the surrounding working areas.
7.21 We strongly recommend that garden landscaping is completed after the building has been installed to avoid any incidental damage.
7.22 The company will install materials, fittings or appliances supplied by the customer on a good will basis only. The company will not be held liable for any damage to such items. No additional items will be fitted/installed unless agreed in writing on the Sales Order prior to the team visiting site.
7.23 Moonalabs Ltd are covered by liability insurance up to £1million. Full details are available on request.
7.24 The site survey completed at the time of sale is a visual inspection only and the company cannot be held liable should any underground obstruction be discovered on commencement of works.
7.25 When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us.
7.26 When you own the products. You own a product on the later of delivery or once we have received payment in full.
7.27 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
7.27.1 deal with technical problems or make minor technical changes;
7.27.2 update the product to reflect changes in relevant laws and regulatory requirements;
7.27.3 make changes to the product as requested by you or notified by us to you (see clause 6); or
7.27.4 if you do not make a payment by a due date
7.28 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 11.4) we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 11.10). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 11.9).
8.1 Planning consent is not always required however, it is the customer’s responsibility to ensure that planning consent is not required for the installation of the outbuilding. We recommend you seek clarification from your local planning authority. Fokus Breathing Room Ltd will not be held liable for any breach of Permitted Development/Planning regulations applicable to your property.
8.2 If the site is in a Conservation Area we recommend that the customer contacts their local authority to confirm whether or not any Article 4 Directions (restrictions on your Permitted Development rights) have been applied to the property.
8.3 If the customer has been provided with design/CGI or specification drawings and they choose to cancel their order the initial deposit is non-refundable.
8.4 The customer is responsible for ensuring that their building and its location complies with their Planning Approval conditions. Fokus Breathing Room Ltd will not be liable for any changes a customer may make to the design, specification or location of a building once a Planning Application has been submitted or approved.
9.1 As all products designed and manufactured by us are made-to-order, and to customer specifications, they are exempt from cancellation rights.
9.2 If you cancel an order once the initial deposit has been paid, no refund will be given. The customer accepts that the balance of the deposit is non-refundable as once this payment has been made to the company the order is put into full production.
9.3 If you cancel an order once the production has commenced you will forfeit the total sales price in full unless an alternative agreement has been agreed upon in writing.
10.1 The customer is responsible for preparing the site as per the written notes on their Sales Order and any discussion that takes place with the Site Surveyor at the time of sale.
10.2 The customer is responsible for providing all necessary parking permits, access and permissions in advance of the base and building installation dates. Access to electricity and water is required on site.
10.3 In accordance with the Site Preparation Notes all sites/bases must be level with correct drainage in place, a clearance of no less than 400mm is required in addition to the external dimensions of the building to allow construction.
10.4 Failure to complete the necessary preparations may result in a delay or, in certain circumstances, cancellation of the installation schedule. A minimum charge of £1,000 per day will be incurred if the customer has not carried out the necessary preparations as per clauses 9.1, 9.2 and 9.3.
10.5 The company will not deliver or install products through domestic buildings, over fences or other obstacles without prior consultation and written agreement.
10.6 Whilst every care is taken to avoid any damage to the Customer’s property, Fokus Breathing Room Ltd cannot be held liable for unavoidable damage caused by the installation teams. The Customer accepts that some damage may be unavoidable, especially to access routes and the surrounding working areas.
10.7 We strongly recommend that garden landscaping is completed after the building has been installed to avoid any incidental damage.
10.8 The company will install materials, fittings or appliances supplied by the customer on a good will basis only. The company will not be held liable for any damage to such items. No additional items will be fitted/installed unless agreed in writing on the Sales Order prior to the team visiting site.
10.9 The company reserves the right to withdraw its employees or designated contractors from site where they deem the working conditions to be unsafe in accordance with current Health and Safety Regulations. In such cases the company will discuss any necessary changes to the working environment/conditions with the customer which must be carried out before works can continue.
10.10 All installation personnel have been trained and briefed on safe working practices including use of PPE (Personal Protective Equipment) in accordance with current Health and Safety regulations. If a full Risk Assessment and/or Method Statement are required by a customer 6 weeks’ notice must be given and charges may apply based on the level of compliance required.
10.11 Fokus Breathing Room Ltd are covered by liability insurance up to £10million. Full details are available on request.
10.12 The site survey completed at the time of sale is a visual inspection only and the company cannot be held liable should any underground obstruction be discovered on commencement of works.
10.13 The company reserves the right to cancel or postpone any works should unforeseen circumstances arise that affect the company’s ability to fulfil an order. In the event that the company cancel the total installation of an order a full refund will be given to the customer, unless it is found that such unforeseen circumstances have been directly caused by the customer.
10.14 Unless otherwise agreed, Fokus Breathing Rooms Ltd will not be responsible for the quality of work or project managing third party contractors employed directly by the customer.
10.15 Any additional work briefed directly to a contractor on-site and not through the Fokus Head Office Management Team will be regarded as non-contractual nor will Fokus Breathing Rooms Ltd accept any liability for the works.
11.1 Customer service is important to us. Unless otherwise agreed, we will commence carrying out of repair works within 30 days of being notified. If the repair is considered to be detrimental to the product we will aim to carry out the repair within 14 days of being notified. However, at times of high demand on the installation of products it is possible that we will not commence repair in these periods.
11.2 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service on email@example.com or 0204 509 1150.
11.3 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
11.4 Your key legal rights. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. Subject to certain exceptions, all products will be as described, fit for purpose and of satisfactory quality. Our products are made from timber. Timber is a natural resource as such it expands and contracts according to weather conditions. If you live in a geographical area or particular location where products are exposed to long periods of rain or heat then it is possible that the timber on such products will expand or contract accordingly.
11.5 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must allow us to collect them from you. You can telephone our customer service on firstname.lastname@example.org or 0204 509 1150.
We offer a 10-year, IWA insurance-backed transferable warranty on manufacturing and workmanship defects. As you would expect, our guarantee does not cover fair wear and tear or third party damage. If a product develops a fault within the guarantee period then we will arrange for it to be repaired including any parts and labour required.
12.1 One year guarantee. The following products carry a one year guarantee:
12.1.1 Ex-demonstration models;
12.2 We ensure the quality of our design and workmanship of all our products and expect them to provide a lifetime of enjoyment. Solid timber is a natural product and is responsive to changes in the environment. Any movement, cracking, joint separation or bowing in timber as a result of changes in humidity, fluctuating temperatures or direct sunlight is not covered under the guarantee.
12.3 Any items that have been damaged due to flooding or contact with water will void any warranty. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
12.4 The terms of your guarantee are as follows:
Design and manufacturing faults to the structure of the building (including rot and corrosion)
Internal misting in double glazing
Door and window hinges and locks
External decking (rot, corrosion and structural faults)
Internal linings and trim, floor covering, internal accessories, blinds Electrical installations and appliances, including underfloor heating and air conditioning units (unless they come with their own manufacturer guarantee), electrical and network connections.
12.5 Buildings constructed by Moonalabs under ‘Permitted Development’ should not be used for habitable accommodation. If used for habitable accommodation the guarantee is invalid. Guarantee excludes normal ‘wear and tear’ and decorated surfaces.
12.6 This guarantee does not cover:
12.6.1 Consumable parts, such as light bulbs, unless failure has occurred due to a defect in materials or workmanship;
12.6.2 Exposure to excess wear and tear, scratches, burns and/or breakage of glass. Similarly, damage caused by inappropriate use of cleaning products is not included.
12.6.3 Modifications, dismantling & reassembly, refurbishment or change in size performed by anyone who is not a representative of Moonalabs;
12.6.4 Spillage on fabric, scratches or breakage of hard surface (i.e. wood, acrylic, metal or glass components);
12.6.5 Placement in an inappropriate environment;
12.6.6 Damage caused by dismantling and reassembly by an unauthorised person(s);
No guarantee will be made by Moonalabs against the effects of weather exposure on the colour of the external cladding. Teak will naturally fade and silver over time, it is recommended that that Teak is treated with double-boiled linseed oil (after cleaning any dirt and debris with a damp cloth) by the customer within 2 years of installation and every 1 year thereafter to preserve its original colour. A care and maintenance document, including the teak cladding, will be provided to you following installation.
12.6.7 Door adjustments are not covered under guarantee and may be necessary from time to time. Adjustments can be easily carried out by the customer – please call our customer care for more details
12.6.8 Superficial cracking of timber cladding and/or fascia boards is not covered under guarantee.
12.6.9 No guarantee will be made against scratches or imperfections in/on the glass once the sign-off of the building inspection has been completed.
12.6.10 Where underfloor heating has been installed the customer must ensure that all furniture is raised on legs, the use of flat- base furniture will invalidate your guarantee.
12.7 Guarantee claims should be made with the Moonalabs customer service team upon discovery of the fault. Failure to report a fault immediately may invalidate your guarantee. Once agreed, a maintenance team will be dispatched to remedy the issues free of any charge. Moonalabs Ltd will not reimburse payments made to third party repair contractors without prior written consent.
12.8 If the customer is deemed to be responsible for any faults to the building, all costs associated with remedial works will be charged to the customer.
12.9 No guarantee will be made for materials, appliances or services supplied by the customer to be installed by Moonalabs Ltd. Such items are installed on a goodwill basis only.
12.10 The Company’s liability shall not exceed the total purchase value of the Product and the taking of the steps it deems necessary to rectify any issues shall constitute an entire discharge of the Company’s liability under this warranty.
12.11 The Company shall not be deemed liable for subsidence to the garden room or of the surrounding installation site unless such subsidence is caused by the negligence of the Company during installation.
12.12 Any structural alteration made to the building by the customer or a third party employed by the customer will invalidate your guarantee and as such any related remedial works will be chargeable.
12.13 The Customer must ensure that adequate ventilation and drainage is in place around all sides of the building. Blocking in the sides of the building with paving or other landscaping material may result in excessive moisture retention either to the walls or to the base system. Blocking in the sides of the building will invalidate the guarantee.
12.14 Transferring our guarantee. You may transfer our guarantee to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. The delivery receipt acts as proof of guarantee and we may require the person to whom the guarantee is transferred to provide this as reasonable evidence that they are now the owner of the relevant product.
13.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price agreed when you placed your order. No quotation is binding until an advance payment or full payment has been received. We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
13.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
13.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
13.4 When you must pay. As our products are made to your specifications and assembled to your order, you must make an advance payment before we accept your order. The payment schedule is the payment schedule agreed when you placed your order. This is recorded in your payment invoice, and is variable, depending on the product range and degree of customisation involved.
13.5 Advance payments and deposits. After an order has been placed, advance payments and deposits can be used against any other product. However, if there is no firm order and scheduled delivery is not in place one year after the date of the original order, that order will be deemed to be cancelled and the advance payment and deposit will be non-refundable.
13.6 How you must pay. We accept the following payment methods (please use your surname and invoice number as the reference):
- by debit card;
- by credit card;
- by cheque made payable to Moonalabs Ltd; and
- by BACS (HSBC, Sort code 40-18-00, Account number 70259934)
13.7 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the base rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest together with any overdue amount.
13.8 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
14.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
14.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.1 How we will use your personal information. We will use the personal information you provide to us:
15.1.1 to supply the products to you;
15.1.2 to process your payment for the products; and
15.1.3 if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
15.2 We may pass your personal information to credit reference agencies. Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
15.3 Third parties. We will only give your personal information to third parties where the law either requires or allows us to do so.
16.1 We may transfer our rights to someone else. We may transfer our rights and obligations under these terms to another organisation.
16.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 10.10 in respect of our guarantee.
16.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
16.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts.