Luxury Tiny Homes
Terms and Conditions
1.0. Legally binding contract:
1.1 By ordering products, goods, and services from us, you agree to these Terms and Conditions. A legally binding contract between the Parties will only come into existence when the order from the Customer is accepted in writing by Luxury Tiny Homes and a full deposit is both paid by the Customer and accepted by Luxury Tiny Homes.
References to goods, products, and/or services shall refer to products, goods, and services ordered by you as the Customer from Luxury Tiny Homes.
References to “Customer” shall refer to the person or entity ordering products and services, and “Luxury Tiny Homes” shall refer to Luxury Tiny Homes Limited.
2.0. Payment:
2.1 All prices provided or quoted to the Customer, whether orally, in writing, or as shown on our website or price lists, are in Euros (€), errors and omissions excepted.
2.2 In the event of any confusion or discrepancy, the price specified in writing in the confirmation of the order by Luxury Tiny Homes shall be final.
2.3 Delivery is not included in the price unless stated otherwise, and an additional charge is applicable depending upon the delivery area and goods/services ordered.
2.4 A non-refundable deposit for goods or services in the amount and manner agreed upon must be made at the time of order.
3.0. Delivery:
3.1 Luxury Tiny Homes will arrange delivery of the product or goods at the earliest opportunity after order and payment.
3.2 All delivery dates or lead times stated are approximate and indicative only. While every reasonable effort will be made to adhere to dates and times provided, these are given in good faith for indication purposes only. Delivery times range from 4 – 10 weeks, depending on the type of product ordered, supply chain, and delivery issues. We cannot guarantee specific delivery dates or times and cannot be held responsible for delays beyond our control, including (but not limited to) manufacturing problems and third-party contracted companies.
3.3 Luxury Tiny Homes shall not be responsible for any delays caused due to incorrect or incomplete information submitted by you, difficulties with access to the site, or any other reasons outside the control of Luxury Tiny Homes and its delivery drivers.
3.4 Deliveries shall be made to the edge of the public road adjoining the property of the Customer as far as reasonably possible. It shall be at the discretion of the delivery driver to move the goods to an alternative point at the delivery property.
3.5 All returns by you, the Customer, to Luxury Tiny Homes are at the sole discretion of Luxury Tiny Homes and are subject to a minimum 15% restocking charge. Luxury Tiny Homes reserves the right to charge a higher fee in certain cases at its discretion.
3.6 It is your sole responsibility to provide suitable access for delivery and notify Luxury Tiny Homes in writing of any concerns at the point of order. You will be liable for any failed or return delivery charges if access is not clear. Cabins are generally delivered in kit form, and some lengths can be as long as 6 meters. If the cabin is delivery only, it will be delivered at the roadside at the front of the site. It will then be the Customer’s responsibility to provide sufficient manpower to unload.
3.7 A valid signature from you, the Customer, or your nominated representative in writing is required upon delivery, at which point you bear all responsibility and risk.
3.7.1 If you are not available to sign for the Product or Goods upon delivery, you must provide prior written acceptance of responsibility for the product or goods, allowing us to leave the goods unattended. If written acceptance of responsibility is not received before delivery in terms acceptable to us, you will be liable for all failed and/or return delivery charges.
3.8 Products or goods delivered to you or your site must be examined within a reasonable time after delivery, and all damages or shortages must be reported as soon as possible by telephone to (003)53749368972 or (003)53667119936 and thereafter confirmed in writing. Luxury Tiny Homes will not accept any telephone claims that are not immediately confirmed in writing.
3.8.1 No responsibility for transit damage to goods or products will be accepted by Luxury Tiny Homes after 24 hours from the time of delivery.
3.8.2 If damage occurs to sectional or any products or goods during transit, each section will be classed as an individual item. We reserve the right to replace only the damaged sections and can decline any replacement when damage has been caused by misuse, neglect, self-assembly, or incorrect storage. Minor superficial damage caused during transit will not be grounds for rejection.
3.9 You should not begin installation or arrange any third-party installation until the Product has been fully inspected for damage or missing parts. We shall not be liable for any costs incurred by you should you fail to inspect and ensure that the products or goods are sound and complete before self-assembly.
3.9.1 All our Flat Pack range is ex-stock, with estimated delivery time being between 3 and 14 days, subject to the above.
3.9.2 Delivery time for our BESP range of products is 6 -18 weeks.
4.0. Installation Service:
4.1 Our Products and Goods are sold and supplied for self-assembly only, unless expressly stated otherwise in writing.
4.2 If an installation service is available and has been requested, it is your responsibility to ensure that a flat, level, and square base, capable of carrying considerable weight, has been provided.
4.3 It is essential that all interlocking cabins are erected on a level base. Please ensure that the base provided or nominated by you is solid, flat, and perfectly level. Uneven bases will cause major problems during erection. The base should be no less than the size of the cabin.
4.4 The site to which the Products or Goods are to be delivered or installed should be cleared by you of overhanging branches or obstructions and have sufficient unobstructed access (minimum 600mm) around the site for the safe erecting and maintenance of the building. If the base does not meet the required standards, you will be liable for the aborted labor costs (10% of the product price or the initial installation fee, whichever is greater), and the product will be left for self-assembly.
4.5 Should you require a return installation service, a similar charge (10% of the product price or the initial installation fee, whichever is greater) must be paid to Luxury Tiny Homes and received by it prior to the subsequent visit.
4.6 The Customer must ensure that the installer’s vehicle can be parked as close as possible to the installation site. If a parking area cannot be located nearby, the installation may be abandoned, and a return charge may be levied at Luxury Tiny Homes’ discretion. The Customer will be liable for any costs incurred by the installation team (metered parking, etc.) during the installation period.
4.7 The customer cannot gain access to the cabin until all works are finalized and a full handover of keys has been completed.
5.0. Variations:
Any variations, including but not limited to modifications, omissions, or additions to this agreement, must be agreed upon in writing by both parties, detailing the price and specification of such variations. The parties must make a good faith attempt to agree on all necessary particulars. Such agreements are to be evidenced in writing, signed by the parties, and added to this contract. Failure to reach an agreement will be deemed a dispute to be resolved as agreed herein.
6.0. Cancellations:
6.1 If the goods have not been delivered, you can cancel the contract at any time from the day the contract is made until the expiry of 14 days following the day the order for goods was placed (except as defined in 6.2).
6.2 Cancellations must be made in writing by letter, fax, or email, and no cancellation is accepted by Luxury Tiny Homes unless and until confirmed in writing by Luxury Tiny Homes to you, the Customer.
6.3 An additional charge may be made if the order is canceled within 14 days, but delivery has been scheduled by a third party.
6.4 The Customer shall not have the right or entitlement to cancel at any time if the order includes special order items, non-standard options, adaptations, or personalized preferences. Buildings ordered for delivery direct to the Customer from overseas are wholly non-returnable and cannot be canceled once shipping has commenced.
6.5 Minor cosmetic damage and natural variances in timber buildings such as knots, natural cracks, and shakes are not classed as imperfections or flaws, and the Customer accepts and agrees that they are not considered faults.
6.6 All interlocking cabins are untreated. It is the customer’s responsibility to apply a recommended microporous preservative such as ‘Sikkens,’ which allows the wood to breathe while maintaining effective waterproofing. The cabin or kit should be stored in a dry condition before erection, and a protective coating should be applied within 7 days of erection to avoid warping. This will affect the warranty on the cabin if not applied within the specified timeframe.
6.7 Luxury Tiny Homes will not accept any return or cancellation if the Product has been altered, assembled, painted, or customized in any way.
7.0 Liability:
7.1 We will not accept liability for any Product that does not meet or satisfy the written dimensions provided by you. All sizes shown are approximate and may be changed at any time.
7.2 By ordering, you agree that it is your sole and exclusive responsibility to check, ascertain, and confirm before submitting an order that the Product shall be suitable for its intended purpose.
7.3 Luxury Tiny Homes accepts no liability whatsoever for issues caused by the installation of any product by a third party.
7.4 If you do not receive goods ordered within 6-18 weeks of the date ordered (unless a longer delivery time has been agreed upon), Luxury Tiny Homes shall have no liability to you unless notified of the problem in writing at our contact address within 7 days after the 18th week has elapsed after the order was placed.
7.4.1 If we (or our suppliers) are unable to supply your order, we will refund you in full as soon as possible. Luxury Tiny Homes will not be obliged to pay any compensation to the Customer or any third party for consequential loss, loss of profits, loss of use, disappointment, or inconvenience.
7.5 Luxury Tiny Homes will not be liable for:
- (a) losses that were unforeseeable to both parties when the contract was made,
- (b) losses that were not caused by any breach on the part of the supplier or manufacturers to us,
- (c) business losses and/or losses to non-consumers,
- (d) damage to property or belongings if the installers are required to access the site through a house or property (commercial or residential). You should ensure that all floor coverings are protected and any valuables or breakable objects are removed from the thoroughfare.
7.6 In the event that we arrange an installation service, no liability for damage to property or belongings will be accepted if our installers are required to access the site through a house or property (commercial or residential). You should ensure that all floor coverings are fully protected and any valuables or breakable objects have been removed from the thoroughfare.
7.7 Luxury Tiny Homes shall not be liable to you, the Customer, or any third party for loss, damage, or alteration due to weather, direct or indirect, or consequential to any property, undertaking, or event caused by or arising from connected with delay in delivery of goods or failure to execute an order or delivery or cancellation of the contract pursuant.
7.8 Failure on your part to ensure all preparations are completed for installation and operation for the agreed time and date can result in the deduction of the delivery cost from the deposit received.
7.9 Luxury Tiny Homes will not be held liable for any damages or injuries to goods, property, or personnel arising from difficulties with the site unknown to Luxury Tiny Homes.
8.0. Planning Permission:
8.1 By placing an order with us, you accept that it is your sole responsibility to check with your local planning authority regarding planning permission, building regulations, zoning, and all other permissions and permits. Luxury Tiny Homes does not provide advice on planning permission and does not hold itself out as an expert on planning permission. Under no circumstances will Luxury Tiny Homes, its directors, officers, employees, servants, or agents be held responsible for any problems, difficulties, or objections at the time of installation or subsequently regarding planning permission or building regulations.
9.0. Warranty and Guarantee:
9.1 Luxury Tiny Homes shall never be liable to you, the Customer, or any third party for any damage caused by “Act of God” or extreme weather events such as storms, snow, freezing, hurricanes, or flooding.
9.2 No warranty of any kind shall be provided to you by Luxury Tiny Homes other than as expressly provided herein in writing.
9.3 All BESP products are guaranteed for a period of two years from the date of purchase when the transaction includes erection. This guarantee is conditional on you purchasing the recommended paint for treatment of the product from Luxury Tiny Homes and properly, correctly, and professionally applying it immediately and in strict accordance with the application instructions provided by Luxury Tiny Homes. The guarantee and warranty are further conditional on you repeating this process (after purchasing and using the recommended paint from Luxury Tiny Homes two years after the date of purchase and again two years after the date of that application and as may be necessary from time to time). The treatment must contain between 120-150 microns of paint. This ensures the continuation of the guarantee. All warranties and guarantees are for parts-only, and no labor or installation costs by Luxury Tiny Homes or any third party are covered. Please refer to the relevant sections. Our shingles come with a manufacturer’s 15-year guarantee.
9.4 As of September 2015, all BESP Cabins purchased from Luxury Tiny Homes are covered by a 2-year guarantee when supplied, painted, and built by Luxury Tiny Homes.
9.5 All BESP Cabins products are covered by a 12-month guarantee as detailed herein from the date of installation.
9.6 The guarantee for all Flat Pack range products is for 12 months from the date of installation.
9.7 Anti-Rot Guarantee: All Flat Pack products are guaranteed for 12 months from the date of purchase. This is a parts-only guarantee, and no labor or installation costs are covered. Warranties will be void if damage, misuse, or neglect has occurred due to you, a third party not related to Luxury Tiny Homes, such as an independent installer, or damage occurring outside of our control, such as adverse weather.
9.8 All Flat Pack products must be treated immediately after installation with paint purchased from Luxury Tiny Homes, which has a minimum of 120-150 microns of paint, and before any contact with water. This must be repeated two years from the date of purchase and again two years after the date of application. This ensures that the cabin will remain covered by the guarantee. Guttering must also be fitted to the cabin immediately after erection. Without prejudice to the generality of the foregoing, Luxury Tiny Homes will not be liable for damage or damp occurring to the cabin if this has not been done as per these instructions.
10.0. Time for Completion:
10.1 The date of commencement of the installation will be agreed with you and confirmed by Luxury Tiny Homes. However, it shall be a matter for Luxury Tiny Homes to determine how and in what manner the installation is to be completed and by which employees, provided that the Works commence on the specified date and are completed by Luxury Tiny Homes on the agreed Completion Date.
11.0. Dispute Resolution / Arbitration:
Any dispute, difference, or question which may arise at any time hereafter between the Parties, including but not limited to matters relating to the true construction of this agreement or the rights, obligations, and liabilities of the parties hereto, shall, unless otherwise expressly provided, be referred to the decision of a single arbitrator in Ireland, to be agreed upon between the parties or, in default of agreement for fourteen days, to be appointed at the request of either party by the President or other official of the Law Society of Ireland, in accordance with and subject to the provisions of the Arbitration Act 2010 or any statutory modification or re-enactment thereof for the time being in force.
12.0. Termination:
12.1 If the Customer commits any breach of the Contract or of any other contract between the Customer and Luxury Tiny Homes or any company within the same group of companies of which Luxury Tiny Homes is a member; or
- If you have a bankruptcy order made against you or enter into a voluntary arrangement or composition with your creditors (or being a company or body corporate) convene a meeting of creditors or enter into liquidation (except a solvent voluntary liquidation for the purpose only of an examinership, reconstruction, or amalgamation),
- Or a resolution is passed, or a petition is presented to any court for the winding-up of the Customer or for the granting of an administration order in respect of the Customer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Customer,
- Or an encumbrancer takes possession, or a manager, administrator, receiver, or administrative receiver is appointed over any of the property, undertaking, or assets of the Customer (or part thereof);
- If in business, you cease or threaten to cease to carry on business;
- Or if any distraint, lien, hypothec, execution (whether legal or equitable) or other process is levied or enforced on any property of the Customer and is not paid out, withdrawn, or discharged within 21 days;
- If you, as a company, are unable to pay your debts as they fall due within the meaning of The Companies Act 2014 and/or any other relevant or applicable act or regulation, and Luxury Tiny Homes reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly, then without prejudice to any other right or remedy available to Luxury Tiny Homes, Luxury Tiny Homes shall be entitled to cancel the Contract or suspend the Works and/or any payments under the Contract without any liability to Luxury Tiny Homes despite any previous agreement or arrangement to the contrary,
- (viii) Immediately, if required by law or by any rule, regulation, order, decree, judgment, or other governmental act of any governmental authority;
- (ix) Immediately by Luxury Tiny Homes if Luxury Tiny Homes reasonably suspects that you, the Customer, have breached any of your obligations under this Agreement.
13.0. Effect of Termination:
Upon notice of termination of this Agreement for any reason, the following provisions shall apply:
- (a) Luxury Tiny Homes shall have the right to immediately vacate the site and cease providing all products and services to the Customer at its sole discretion.
- (b) Luxury Tiny Homes shall have the absolute right and entitlement to remove all products and parts not paid for in full by the Customer from the site or in lieu of monies due to it by the Customer. Both parties shall at all times thereafter refrain from any conduct that would be inconsistent with or likely to cause confusion with respect to the nature of their business relationship.
- (c) Luxury Tiny Homes shall have the absolute right to collect and repossess all its products (including supplier products for demonstration and parts to service the supplier products) and documentation relevant to sales and customers.
- (e) On termination, howsoever arising, no consideration or indemnity shall be payable to the Customer by Luxury Tiny Homes for loss of use, value, breach of contract, negligence, or breach of duty whether at common law, at statute, or under contract.
- (f) Luxury Tiny Homes shall have no liability whatsoever to the Customer by reason of any termination, howsoever arising, other than expressly provided for and set out herein.
- (g) Luxury Tiny Homes shall, in its sole discretion, have the right to offset or deduct from any payments properly due to the Customer as of the date of termination any and all costs and expenses that it may have or will incur arising from the breach or alleged breach by the Customer of this agreement.
14.0. Whole Agreement and Variation:
This Agreement contains the whole agreement between the parties relating to the subject matter of this Agreement at the date hereof, to the exclusion of any terms implied by law which may be excluded by contract. In this Clause, “this Agreement” includes all documents entered into pursuant to this Agreement. No variation of this Agreement shall be effective unless in writing and signed by or on behalf of each of the parties.
15.0. Waiver:
Any liability to any party hereto under the provisions of this Agreement may, in whole or in part, be released, varied, compounded, or compromised by such party in its absolute discretion as regards any party under such liability without in any way prejudicing or affecting its rights against any other party under the same or a like liability, whether joint and several or otherwise. A waiver by any party hereto of any breach by any party hereto of any of the terms, provisions, or conditions of this Agreement or the acquiescence of a party hereto in any act (whether of commission or omission) which but for such acquiescence would be a breach as aforesaid shall not constitute a general waiver of such term provision or condition or of any subsequent act contrary thereto.
16.0. Counterparts and Facsimiles:
This Agreement may be executed in any number of counterparts (whether original or facsimile), and upon execution of all such counterparts by one or more parties, each counterpart shall be deemed to be an original hereof.
17.0. Notices:
17.1 Any notice or other communication required or permitted to be given or made hereunder may be sent by email and confirmed by letter. Such notice or communication shall be addressed or sent as follows:
17.2 Or to such other postal or email address as any such party hereto may from time to time notify to the other parties hereto in writing in accordance with the provisions hereof.
17.3 Any notice or other communication required or permitted to be given or made hereunder shall be validly given or made if delivered personally, dispatched by pre-paid letter post addressed as aforesaid, or sent by electronic mail to such electronic mail address (if any) as may be specified as aforesaid, and shall be deemed to be given or made:
17.4 If delivered by hand – at the time of delivery.
17.5 If sent by post – forty-eight hours after the same shall have been posted.
17.6 If sent by electronic mail – at the time of acknowledgment of receipt or forty-eight hours after the same shall have been confirmed by letter sent by post, whichever is the latter.
18.0. Announcements:
No announcement shall be made concerning the subject matter of this Agreement unless specifically agreed between the parties or it is an announcement required by law issued after prior consultation between the parties.
19.0. No Partnership or Agency:
Nothing in this Agreement shall be deemed to constitute a partnership, employment relationship, agency, or franchise agreement between the parties hereto, nor constitute any party the agent of another party for any purpose.
20.0. Governing Law:
This Agreement and the documents to be entered into pursuant to it shall be governed by and construed in accordance with the laws of Ireland and the laws of the United Kingdom. All parties irrevocably agree that, subject to the provisions herein, the Courts of Ireland and the Courts of the United Kingdom shall have exclusive jurisdiction to settle any disputes arising out of or in connection with this Agreement and such documents.
21.0. Good Faith:
Each of the parties shall exercise its rights and perform its obligations under this Agreement in good faith.
22.0. Force Majeure:
None of the parties hereto shall be liable to any of the others for any failure or delay in the performance of any of its obligations under this Agreement which is caused by any event or circumstance beyond their reasonable control. If the performance of a material obligation under this Agreement is prevented by any such event or circumstance for a continuous period of ninety (90) days or more, then the party for whose benefit the affected obligation would have been performed shall be entitled, by giving notice in writing to all of the other parties, to immediately terminate this Agreement.
23.0. Binding on Successors:
This Agreement shall ensure the benefit of and be binding upon the respective parties hereto and their respective successors, personal representatives, and permitted assigns.
24.0. Assignment:
The Customer shall not assign, transfer, charge, or deal in any other manner with this Agreement or any of its rights under it, nor purport to do any of the same, save with the prior express agreement of Luxury Tiny Homes.
25.0. Indemnification:
You agree to indemnify and hold Luxury Tiny Homes harmless from any and all actions, awards, claims, losses, damages, costs, and expenses (including reasonable attorneys’ fees) attributable to the Customer’s breach of this Agreement or any negligent, grossly negligent, willful, or unlawful acts or omissions of the Customer, its employees, officers, agents, subcontractors, dealers, or representatives.
26.0. Retention of Title:
26.1 Legal ownership or title to the Product or Products will not pass from Luxury Tiny Homes to the Customer until the Customer has paid in full for the Product or Products and the funds are cleared in the accounts of Luxury Tiny Homes.
26.2 The Customer unconditionally and irrevocably grants to Luxury Tiny Homes the absolute right and entitlement to enter, cross, re-cross, and leave the Customer’s lands and premises to repossess the Product or Products with or without workmen, employees, servants, and/or agents, vehicles, and machinery. This ensures that the seller is not committing a trespass when doing so.
26.3 Until paid for in full, the Customer shall:
- (a) Store the Product or Products separately from goods belonging to third parties.
- (b) Mark the Product or Products as Luxury Tiny Homes’ property.
- (c) Allow Luxury Tiny Homes access to the Customer’s premises to verify that these obligations are being complied with.
26.4 Until the Product or Products are paid for, all risk of damage or loss will pass to the Customer on delivery.
27.0. Arbitration:
All disputes and questions arising between the Parties, including those relating to the construction, interpretation, and/or application of this Agreement or any clause or thing contained herein, or the rights, duties, or liabilities of any Party hereunder, shall be referred to mediation by a single mediator to be nominated by all the persons in dispute or, in default of agreement, by the President for the time being of the Institute of Mediators. If the dispute is not resolved within one month of the appointment of the mediator, then, unless otherwise agreed by all the persons in dispute, the dispute shall be referred to a single arbitrator to be nominated by all the persons in dispute or, in default of agreement, by the President for the time being of the Institute of Arbitrators in accordance with and subject to the provisions of the Arbitration Acts 2010 and any statutory modification or re-enactment thereof for the time being in force.
28.0. Statutory Rights:
28.1 If you are acting as a consumer within its statutory meaning, these Terms and Conditions do not affect your statutory rights as a consumer.
29.0 Registered Address:
Luxury Tiny Homes Limited,
10 Stoneypath,
Londonderry,
BT47 2AF,
United Kingdom
Company number: NI706179