TERMS & CONDITIONS

Welcome to Apex Garden Rooms!

Apex Garden Rooms is owned and operated by Apex Garden Rooms Ltd.

These are the terms and conditions for: 

• https://www.apexgardenrooms.com

By using the website and services, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the words "website" refers to the Apex Garden Rooms website, "we", "us", "our" and “Apex Garden Rooms” refers to Apex Garden Rooms and "you" “client” and “user" refers to you, the Apex Garden Rooms user or client.

The following terms and conditions apply to the website and services offered by Apex Garden Rooms. This includes any version of Apex Garden Rooms accessible via desktop, mobile, tablet, social media or other devices.

READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION OR SERVICE FROM APEX GARDEN ROOMS.

 

1. ACCEPTANCE OF TERMS

This agreement sets forth legally binding terms for your use of Apex Garden Rooms. By using the website and services, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use the website and services. We may modify this agreement from time to time, and such modification shall be effective upon posting on the website. You agree to be bound by any modifications to these terms and conditions when you use the website and the services offered on the website after such modification is posted on the website; therefore, it is important that you review this agreement regularly.

If you are using the services on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your organisation to these terms. Accordingly, all references in these terms to “you”, “client” or “user” shall be deemed to include your organisation, except where the context may otherwise require. If you do not have such authority, then you may not use the service on behalf of your organisation and you must discontinue all use of the service immediately.

Please note that our services are only available in Glasgow, Edinburgh and surrounding areas.

Use of the website and services is not intended for children under the age of 13. In the case of children under the age of 18 and over the age of 13, it is the responsibility of the parent or legal guardian to determine whether use of the website and our services is appropriate for their child or ward.  

Apex Garden Rooms may, in its sole discretion, refuse to offer the services to any entity or user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the website is revoked in such jurisdictions.

The website and services may only be used in compliance with these terms and all applicable local, state, national and international laws, rules and regulations.

By using the website and services, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.

 

2. NOTIFICATIONS AND NEWSLETTER

By providing Apex Garden Rooms with your e-mail address, you agree that we may use your e-mail address to send you important notifications and communications about our services, news and special content. If you do not wish to receive these e-mails, you may opt-out of receiving them by sending us your request through our contact information or by using the "unsubscribe" option in the e-mails themselves. This option may prevent you from receiving emails about our services, important news and special content.

 

3. QUOTES

Users have the right to request a quote for our products and/or services free of charge. To request a quote, the user must complete the relevant form available on our website, providing the information required for the correct processing of their request.

By submitting a quote request, you agree that we have collected and processed your information for the sole purpose of preparing and submitting the requested quote. Such information will not be used for any other purpose without the user's explicit consent.

Quotes sent in response to a request do not represent a contractual commitment nor do they guarantee the availability or price of products or services. Quotes are an estimate based on information provided by the user and may be subject to change.

While we strive to respond to all quotation requests in a timely manner, we do not guarantee a specific time period for quotation delivery.

A request for a free quote does not imply any obligation on the part of the user to purchase or contract.

 

4. ORDERS

Our services are only available in Glasgow, Edinburgh and surrounding areas.

Customers interested in our services can place a formal order after receiving a quote from us. This quote will reflect the specifications, customisations and details previously agreed between the parties.

The final price for the service will be based on the quote provided to the customer. This quote will take into account factors such as dimensions, materials, customisations, labour and other elements related to the service. The customer must review and approve this quote before proceeding with the order.

Once both parties have agreed to the quote and the customer wishes to proceed, a Purchase Agreement will be executed. This document will contain all terms and conditions of service, including, but not limited to, project details, delivery schedules, responsibilities of both parties and payment terms.

Specific payment terms, including dates, amounts and modalities, will be stipulated in the Purchase Agreement. It is essential that both parties review and understand these terms before signing the agreement.

Any changes or modifications to the project after the Purchase Agreement has been signed may incur additional charges and adjustments to delivery schedules. The parties shall agree in writing on any changes and their implications on the project and the original agreement.

The order will be considered completed once the service has been delivered and installed at the customer's property as specified in the Purchase Agreement and all agreed terms and conditions have been met, including full payment for the service.

 

5. RIGHT OF WITHDRAWAL

All customers who place orders, whether in person, by telephone, by post or online, have the right to withdraw and cancel the order.

The customer has a period of 14 days from the day on which the order is placed by you or a third party designated by you, other than the carrier, to exercise their right of withdrawal.

If the customer decides to exercise his right of withdrawal, he must inform us of his decision by means of an unequivocal statement in writing. This notification of cancellation can be made

• By post, by sending your communication to: Customer Services, 24 Kilbride Ave, Dunoon PA237LH. 

• By email to: info@apexgardenrooms.com.

Once we have received notification of cancellation within the stipulated period, Apex Garden Rooms will proceed to take all the necessary steps to cancel the order and make the corresponding refund, in accordance with our general terms and conditions.

 

6. PAYMENTS

Prior to the commencement of any installation work, the customer is required to pay a deposit. The specific amount of the deposit, as well as the total price of the products and services, will be specified and detailed in the corresponding purchase agreement.

Payments can be made in cash or by bank transfer in favour of Apex Garden Rooms. Any additional details concerning bank accounts or procedures for transfers will be provided to the customer in the respective purchase agreement.

Upon completion of the installation, any amounts outstanding must be settled in full by the client. If the customer defaults on payment after completion of the installation:

1. A late payment charge equal to 5% of the total contract value will be applied for the first month or fraction thereof that payment is outstanding.

2. After the first month, any outstanding amount will be subject to interest at 25% above Barclays Bank PLC's then prevailing Base Lending Rate.

It is the responsibility of the client to notify and confirm to Apex Garden Rooms any payment made, especially if made via bank transfer. Confirmation of receipt of payment will be sent by Apex Garden Rooms to the client within a maximum of five (5) working days.

In case of prolonged delay, Apex Garden Rooms reserves the right to take legal action to ensure collection, which may incur additional costs for the client.

If, due to unforeseen circumstances or circumstances beyond the control of Apex Garden Rooms, the need arises to incur additional expenses not contemplated in the initial purchase agreement, the client will be informed in advance and his consent is required to proceed with the corresponding adjustments.

 

7. TECHNICAL SURVEY BY APEX GARDEN ROOMS

Once the contract or purchase agreement with Apex Garden Rooms has been confirmed and signed, our technical surveyor will contact you as soon as possible to inform you about the technical inspection process of the property.

The surveyor will coordinate with you an appointment for the inspection of the installations to be carried out, offering available dates within a maximum of 3 weeks from the confirmation of the contract.

The main purpose of this inspection is to verify the accuracy and feasibility of the agreed specifications, as well as to ensure that all your personal requirements are feasible and adequately covered.

If during the technical survey, the surveyor identifies problems relating to issues such as structure, dimensions or access to the property, Apex Garden Rooms will be able to provide you with an additional quotation to address these issues. This quotation will be provided without obligation on your part.

If you do not agree with the new quotation or if the surveyor determines that there are significant technical problems that complicate the manufacture or installation beyond what was initially foreseen, Apex Garden Rooms reserves the right to terminate the contract. In such a case, we will notify you in writing and proceed to refund the amount deposited as a deposit.

If the decision is taken to terminate the contract on the basis of the results of the technical study, we will inform you in writing in detail of the reasons for this. However, this termination will be made without Apex Garden Rooms assuming any liability towards third parties or external entities.

The technical analysis carried out by Apex Garden Rooms does not represent a full structural assessment of your property, focusing only on aspects that can be identified through an external review of the point of assembly. The cost of the contract is estimated on the assumption that your building is in optimum structural condition and there are no unforeseen elements that cannot be identified by a simple external inspection. Should complications arise that would justify an additional cost for additional work, this would, of course, require your consent and written confirmation from you.

 

8. DELIVERY PROCESS

Prior to delivery, we will contact you to inform you of the stipulated date, aligned with the times stated on our website at the time of your purchase. These times, specified in your order confirmation, represent the working days (Monday to Friday) on which delivery will take place.

Goods will be delivered by two members of our team or by forklift. The choice between these modes will depend on the suitability of the product and the destination, being a decision at the discretion of our logistics team.

The delivery destination must be accessible by road and free of parking constraints, such as restricted stopping areas. Our main vehicles are 7.5T or 18T, 9m long and 2.6m wide. It is imperative that access can accommodate these specifications. Any damage caused in restricted or complicated areas will be borne by the customer. If delivery is prevented by foreseeable restrictions, an additional cost will be incurred to reattempt delivery.

Our equipment requires an unobstructed path from the vehicle to the first point of contact at the property. The path dimensions must be at least 750 mm for dual deliveries and 3.1 m for forklift deliveries, with no obstructions in the way. It is vital that there is sufficient space to position the product properly.

Forklift trucks transporting the products can weigh up to 4.5 tonnes. If conditions permit and the customer consents, we can deliver up to 20m into the property with the forklift.

During the delivery process, it is crucial that people and animals stay away from the working area to prevent accidents. Our moving vehicles and trucks can be dangerous if proper precautions are not taken.

If the team encounters obstacles that prevent safe delivery, the goods will be left in the safest possible place or returned. If it is necessary to rearrange delivery, additional costs will be incurred.

An authorised representative must be present on the day of delivery to receive and, if necessary, move the goods. In case of absence, a maximum of 20 minutes will be waited before leaving and rescheduling a new delivery at additional costs.

Although we always aim to deliver on the agreed date, delays may occur. Should this be the case, we will rearrange delivery in a timely manner.

We operate mainly in Glasgow, Edinburgh and surrounding areas, delivering between 8am and 6pm. You can follow the vehicle route on our website during the delivery day.

Any anomalies identified upon receipt of the product should be reported immediately to the delivery team. If damage or shortages are identified after delivery, they must be reported within 2 days by sending an email to info@apexgardenrooms.com.

The products are delivered protected. The customer is responsible for the disposal of the packaging, which may be useful to protect parts of the product from weather conditions.

 

9. INSTALLATION

The customer undertakes to ensure adequate access to the property to facilitate the execution of the installation as soon as notification is given that the products are ready. If, six weeks after such notice, a date for installation has not been agreed, 75% of the purchase price shall be due.

The date of installation shall be determined by mutual agreement between the parties, and upon completion of installation, the outstanding balance of the purchase agreement shall become due and payable. Should any discrepancies arise after installation, the parties agree to allow Apex Garden Rooms specialists to conduct a thorough review at a mutually convenient time.

We will supply the products and perform the service as agreed in the purchase contract and in the linked supplementary documents. At Apex Garden Rooms, our philosophy is to constantly innovate and improve what we offer. We therefore grant ourselves the right to make minor or technical adjustments to the products to be installed.

If, after installation, you notice slight imperfections, we ask you to immediately report any anomalies or non-conformities to our customer service using our means of contact. Complaints may be attenuated or dismissed if we are not given the opportunity to rectify them.

 

10. PRODUCT DEFECTS

We undertake to deliver products that comply with the contract or purchase agreement.

In the event that you identify a defect in the product within an appropriate post-delivery period, we urge you to contact us in writing. You may do so by sending a letter to Customer Services, 24 Kilbride Ave, Dunoon PA237LH or by email to info@apexgardenrooms.com. To expedite the process, please include in your communication your order number, which is identified by the prefix "SO", or your postcode.

It is important to note that certain inherent characteristics of the materials used should not be considered defects. We invite you to review our "Consumer Tips" section to better understand this aspect, although this resource does not cover all possible characteristics.

To properly address the reported defect, we will require clear photographs showing both the defect and any possible related cause. On occasion, this may require you to provide us with images of areas of the product that, at first glance, appear to be unrelated to the defect.

If we determine that the defect has arisen due to an error on our part, we will offer appropriate remedies, which may include replacement of the product, repair or a partial refund of the amount paid.

In the event that the defect is attributable to an action or negligence of the customer, such as improper installation, insufficient maintenance, the use of materials provided by the customer that prove to be unsuitable, or misuse of the product, the costs associated with correcting the defect will be the responsibility of the customer.

If you do not give us the opportunity to remedy the defect properly and decide to proceed with the correction at your own expense or through a third party, we disclaim liability to reimburse any costs incurred in that process.

 

11. GUARANTEE

Apex Garden Rooms values the trust you place in our services and products. For this reason, we offer a 14-day money back guarantee, counted from the date the order is placed. If during this period the customer is not satisfied with the contracted product or service and decides to cancel the order, he/she may request a full refund of the amount paid.

Once the installation of the garden rooms or garden in question has been carried out, no returns or requests for reimbursement will be accepted. The customer shall be deemed to have validated and approved the work carried out.

We offer an effective 10-year guarantee on pressure treated timber against rot and insect attack. This warranty ensures that the timber will maintain its integrity and resistance to these adverse factors.

To maintain the validity of the 10-year guarantee, it is imperative that the timber is serviced every 5 years. The customer shall be responsible for ensuring that these treatments are carried out correctly and within the stipulated time. Failure to carry out this maintenance will void the guarantee offered.

In the event that the customer identifies a defect or problem covered by our guarantee, he/she must inform Apex Garden Rooms in writing, enclosing photographic evidence and a detailed description of the problem. We undertake to evaluate and deal with each claim in a diligent and professional manner.

This warranty does not cover damage resulting from improper use, natural disasters, lack of proper maintenance, unauthorised alterations or interventions by third parties not affiliated with Apex Garden Rooms.

This warranty is personal and is intended for the original customer only. It is not transferable in the event of sale or change of ownership of the installed garden room or garden.

 

12. CANCELLATIONS BY APEX GARDEN ROOMS

Apex Garden Rooms reserves the right to cancel any order if the products ordered are listed at an incorrect price due to a typographical error or an error in the pricing information we have received from our suppliers. In such a case, the customer will be notified of the cancellation and the reason for the cancellation.

If we have proposed at least three different delivery or installation dates to the customer and all of them have been rejected or not accepted by the customer, we reserve the right to cancel the order.

Cancellation of the order may also be effected if the customer does not comply with the payment terms stipulated in the "Payment" section of our agreement or contract.

In the event that Apex Garden Rooms decides to cancel an order for the above reasons or for any other justifiable reason, we will notify the customer of such cancellation. We will proceed to refund the amount paid by the customer in relation to the cancelled order, within a maximum of 14 days from the date of notification of the cancellation.

In the event of cancellation by Apex Garden Rooms, the refund of the amount paid will be the only compensation granted to the customer. We are not responsible and shall not be obliged to offer any additional compensation for any inconvenience or disappointment resulting from the cancellation.

 

13. PLANNING PERMISSION

Thanks to the distinctive and tailored design of our Garden Rooms, in most circumstances, the installations we carry out in gardens do not require prior planning permission. Our design and construction teams work meticulously to comply with local standards and regulations in most cases.

It is essential to bear in mind that while we pride ourselves on the adaptability and versatility of our buildings, not all properties are the same. Each property has particularities in terms of size, shape and architectural style, so our ability to advise is primarily focused on the features and specifications of our Garden Rooms and not on the specific conditions of each property.

Circumstances for assessing the need for planning permission:

• Building Height: If the planned Garden Room exceeds 2.5 metres in height. Although the vast majority of our buildings stay below this height, it is vital to check before any building work begins.

• Location in Front of Property: If it is desired to locate the building in front of the main elevation of the property, as originally constructed or as it stood on 1 July 1948, planning permission will be required.

• Special Buildings and Areas: Permission must be obtained in cases where the property is a listed building, listed building or if it is in a designated area such as areas of outstanding natural beauty, national parks, world heritage sites or areas protected by local regulations.

• Garden Occupation: It is necessary to assess whether the addition of the Garden Room would cause the attached structures (such as sheds, sheds, amongst others) to occupy more than 50% of the total area of your garden.

While Apex Garden Rooms strives to provide the best information and advice based on our experience and product design, it is the responsibility of the client to obtain the necessary permits and approvals. We recommend consultation with local authorities or a specialist advisor prior to installation.

Apex Garden Rooms is willing to assist in the process by providing plans, specifications and any other documentation that may be required by the relevant authorities.

 

14. LIMITATION OF LIABILITY

Apex Garden Rooms, its employees, agents, and subcontractors, shall not be liable, under any circumstances, for indirect, incidental, special, punitive or consequential damages arising out of or relating to the service provided, including, but not limited to, loss of revenue, loss of use, loss of business opportunity, damage to reputation or loss of data.

Apex Garden Rooms' total liability, whether in contract, warranty, tort (including negligence) or otherwise, shall in no event exceed the amount the customer has paid for the services and/or products provided. This limitation applies regardless of whether the damages were foreseeable or whether Apex Garden Rooms was informed of the possibility of such damages.

Apex Garden Rooms assumes no liability for damages resulting from:

1. Improper use, modification, improper maintenance or negligence on the part of the customer or third parties.

2. Natural disasters, acts of God or external causes beyond the reasonable control of Apex Garden Rooms.

3. Installations or interventions carried out by personnel not authorised by Apex Garden Rooms.

No action taken by Apex Garden Rooms, whether under this clause or otherwise, shall waive any rights that Apex Garden Rooms may have under this agreement, law or equity.

This limitation of liability shall continue in force even after termination of the agreement between the Client and Apex Garden Rooms for any reason whatsoever, whether for breach, termination, termination or otherwise.

 

15. COPYRIGHT

All materials on Apex Garden Rooms, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Apex Garden Rooms or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all materials on Apex Garden Rooms are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Apex Garden Rooms prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorised attempt to modify any material, to defeat or circumvent any security features, or to utilise Apex Garden Rooms or any part of the material for any purpose other than its intended purposes is strictly prohibited.

 

16. COPYRIGHT INFRINGEMENT

Apex Garden Rooms will respond to all enquiries, complaints and claims relating to alleged infringement by breach or violation of the provisions contained in UK and international copyright and intellectual property laws and regulations. Apex Garden Rooms respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material provided on the Apex Garden Rooms website infringes your copyright or other intellectual property rights, please submit your request via our contact information, with the following information:  

• Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.

• A statement that specifically identifies the location of the infringing material, in sufficient detail so that Apex Garden Rooms can find it on the website.  

• Your name, address, telephone number and email address.

• A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorised by the copyright owner, or its agents, or by law.

• A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorised to act on its behalf.

• An electronic or physical signature of the copyright owner or of the person authorised to act on the copyright owner's behalf.

 

17. CONFIDENTIAL INFORMATION

Information provided by our clients through our services will be treated as confidential information and will be used solely for the purpose of providing our services properly. Apex Garden Rooms will protect such confidential Information from disclosure to third parties by employing the same degree of care used to protect its own confidentiality or proprietary information of similar importance. If necessary to carry out a prospective business relationship, Apex Garden Rooms may disclose confidential information received pursuant to our services to employees and/or consultants with a need to know, provided that the consultants are obligated to protect such confidential information from unauthorised use and disclosure. Confidential information shall not be disclosed to any third party without the prior written consent of the client who is the owner of the information.

 

18. PERSONAL DATA

Any personal information you submit in connection with the services and use of the website will be used in accordance with our privacy policy. By using the services, you agree that we may collect and store your personal information. Please see our privacy policy.

 

19. PROHIBITED ACTIVITIES

The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to Apex Garden Rooms or licensed to the Apex Garden Rooms by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. In addition, the following activities are prohibited:

• Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.

• Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.

• Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.

• Deep-link to any portion of the services for any purpose without our express written permission.

• "Frame", "mirror" or otherwise incorporate any part of the website into any other websites or service without our prior written authorisation.

• Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Apex Garden Rooms in connection with the services.

• Circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content.

• Download any content unless it’s expressly made available for download by Apex Garden Rooms.

 

20. DISCLAIMER OF WARRANTIES 

Because of the nature of the Internet Apex Garden Rooms provides and maintains the website on an "as is", "as available" basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.

Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse Apex Garden Rooms for any loss or damage caused as a result.

Apex Garden Rooms shall not be liable in any amount for any failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war or any uncontrollable act of nature.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, Apex Garden Rooms excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Apex Garden Rooms and Apex Garden Rooms shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

• Any incorrect or inaccurate information on the website.

• The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or service purchased through the website.

• Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorised access to, or alteration of your transmissions or data in circumstances which are beyond our control.

• Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.

• Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from Apex Garden Rooms.

• All representations, warranties, conditions and other terms which but for this notice would have effect.

 

21. ELECTRONIC COMMUNICATIONS

Apex Garden Rooms will accept no liability for failed, partial or garbled computer transmissions, for any breakdown, failure, connection, availability of computer, telephone, cable, network, electronic or Internet hardware or software, for the acts or omissions of any user or third party, for the accessibility or availability of the Internet or for traffic congestion or unauthorised human action, including errors or mistakes. 

 

22. INDEMNIFICATION

You agree to defend and indemnify Apex Garden Rooms from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

• Your breach of this agreement or the documents referenced herein.

• Your violation of any law or the rights of a third party.

• Your use of the services.

 

23. FORCE MAJEURE

For the purposes of these terms and conditions, "Force Majeure" shall mean any circumstance beyond the control of the parties, unforeseeable or which, being foreseeable, was unavoidable, and which makes the total or partial performance of the obligations established in this contract impossible. Such circumstances shall include, without limitation, acts of nature such as earthquakes, floods, storms, fires or pandemics; acts of war, terrorist attacks, riots, mutinies, governmental or supranational measures, strikes, blockades, embargoes, or failures in electrical networks or communication systems.

Neither party shall be liable for any failure or delay in the performance of any of its obligations if such failure or delay is caused by a Force Majeure event. During the period of duration of the Force Majeure event, the obligations of the affected party shall be suspended, and deadlines shall be extended for a period equal to the duration of the Force Majeure event.

The party alleging a Force Majeure event shall immediately notify the other party of the occurrence of such event, providing details of the event and, to the extent possible, the estimated duration of the delay.

The parties agree to act in good faith and use all reasonable efforts to mitigate the effects of the Force Majeure, resolve the situation and resume performance of their contractual obligations as soon as possible.

If a Force Majeure event prevents the total or partial performance of the contract for a period exceeding 2 months, either party may choose to terminate the contract without incurring any liability to the other party.

 

24. CHANGES AND TERMINATION

We may modify the website and these terms at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified, all changes to these terms apply to all users and clients. In addition, we may terminate our agreement with you under these terms at any time by notifying you in writing (including by email) or without notice.

 

25. NO PARTNERSHIP

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Apex Garden Rooms as a result of these terms or your use of the services.

 

26. INTEGRATION CLAUSE

This agreement together with the privacy policy and any other legal notices published by Apex Garden Rooms, shall constitute the entire agreement between you and Apex Garden Rooms concerning and governs your use of the website and the services.

 

27. DISPUTES

The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the services, shall be resolved by binding arbitration between the user and Apex Garden Rooms, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.

In the event of a dispute arising in connection with the use of the services or the breach of these conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organisation as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.

To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website and services.

The courts of the United Kingdom shall have jurisdiction over any dispute, controversy or claim relating to Apex Garden Rooms and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of the United Kingdom. 

 

28. FINAL PROVISIONS

These terms and conditions are governed by the laws of the United Kingdom. Use of the website and services are not authorised in any jurisdiction that does not give effect to all of the provisions of these terms.

Our performance of these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website or information provided to or gathered by us with respect to such use.

If any part of these terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

Any rights not expressly granted herein are reserved.

 

29. CONTACT INFORMATION

If you have questions or concerns about these terms, please contact us through our contact forms or by using the contact information below:

Apex Garden Rooms.

Email: info@apexgardenrooms.com

Address: 24 Kilbride Ave, Dunoon PA237LH.