Greenway Outdoor Developments – Terms & Conditions

Important: These terms and conditions provide general information about how Greenway Outdoor Developments (“Greenway”, “we”, “us” or “our”) provides goods and services. They are not a substitute for legal advice. Greenway recommends that customers seek independent legal advice if they require certainty about their rights. We comply with UK consumer protection laws, including the Consumer Rights Act 2015 and unfair contract terms legislation.

1. Definitions

1. “Client” or “you” means the individual or business named on the quotation/order form and to whom Greenway agrees to provide services or supply goods.
2. “Goods” means all products, materials, plants, outdoor structures, components or items supplied by Greenway to the Client under a contract.
3. “Services” means any design, landscaping or installation work, project management, consultancy, or other services supplied by Greenway.
4. “Custom Products” means goods that are made to order to the Client’s specifications or are personalised, including bespoke garden structures, pergolas, bespoke planters, custom paving combinations or any other items that are designed or tailored specifically for the Client. Under UK law, custom-made goods do not benefit from the statutory 14-day cooling-off period and cannot be returned or cancelled once production has begun.
5. “Order” means the Client’s written or electronic acceptance of our quotation or the Client’s request to purchase Goods and Services, whether placed online, by telephone or in person.

2. Quotations and Contract Formation

1. Quotations provided by Greenway are valid for thirty (30) days from the date stated on the quotation unless otherwise specified. Acceptance outside of this period may require Greenway to re-quote due to changes in supplier costs or materials.
2. A contract is formed when:
   • The Client accepts our quotation in writing or electronically; and
   • Greenway receives the required deposit (see Section 4).

   By placing an Order you confirm that you have read and agree to be bound by these terms and conditions.

3. Where the Client is a consumer, information about the Client’s statutory rights is set out in Section 9 below. Nothing in these terms affects those rights.

3. Scope of Work

1. Greenway will perform Services with reasonable care and skill, using materials and plants of suitable quality, and will work collaboratively with the Client to produce designs and goods that meet the Client’s requirements.
2. Unless expressly stated, drawings, illustrations, descriptive matter, or advertising produced by Greenway and any descriptions or specifications contained in Greenway’s brochures or on our website are issued solely to provide an approximate idea of the Goods and Services described. They do not form part of the contract unless specifically referenced in the quotation.
3. Greenway reserves the right to make minor changes to the design or specification if necessary to comply with applicable safety or other statutory requirements or because of variations in natural materials. In the event that material changes are required, Greenway will consult with the Client before proceeding.

4. Deposits and Payment Terms

1. A deposit is required on acceptance of each quotation to secure your booking and allow us to order materials and allocate time. Unless stated otherwise, the deposit will be 25% of the total contract price. By paying the deposit, you acknowledge that it secures our time, labour and materials and that it may be retained if you cancel. Under UK law, deposits are generally refundable only when the contract is cancelled due to Greenway’s breach or where retention of the deposit would be unfair or disproportionate.
2. To ensure fairness, our deposit reflects a genuine pre-estimate of the costs we will incur in preparing for your project, including the cost of custom manufacturing, supplier deposits and the opportunity cost of turning away other clients. Deposits that significantly exceed our likely losses could be deemed unfair and unenforceable; we therefore calculate deposits conservatively.
3. For Custom Products and special orders, the deposit is non-refundable once production has commenced because custom-made goods cannot be resold and do not benefit from the statutory 14-day cooling-off period. By placing an order for a Custom Product, you acknowledge that if you later cancel, you will forfeit the deposit and remain liable to pay the costs of any materials already ordered or work completed.
4. Payment by Instalments (iPurchases): After payment of the deposit, Clients may pay the balance in monthly instalments (usually up to four monthly instalments) as specified on the quotation. Payments must be received by the dates stated on our invoices. Failure to pay instalments when due may result in interest accruing at 2% above the Bank of England base rate and may entitle Greenway to suspend work until payment is made. Greenway retains ownership of the Goods until all amounts owed are paid in full.
5. Stage payments may be required on larger projects to cover materials delivered or work completed. These will be detailed in our quotation. If the Client fails to make any payment when due and does not remedy the default within seven (7) days of receiving notice, Greenway may treat the contract as cancelled and retain the deposit to cover costs incurred.
6. All payments are inclusive of VAT (where applicable) and can be made by bank transfer, cheque or other methods notified to you. We do not accept instalment payments by credit or debit card unless explicitly agreed.

5. Custom Products, Manufacturing and Lead Times

1. Many of Greenway’s projects involve bespoke items that the Client helps design. Once designs are approved, we place orders with our suppliers and craftsmen. Lead times can vary widely and may extend from eight weeks up to several months depending on the complexity of the design, availability of materials, workload of suppliers and external factors such as shipping delays or supply-chain disruptions.
2. Greenway will provide an estimated delivery or installation date but time is not of the essence in the contract. We will keep you informed about progress and expected delivery. If significant delays occur beyond our reasonable control, we will discuss options with you, including revised timelines or alternative materials. In these circumstances, we will not be liable for any indirect losses or damages resulting from delay.
3. If you supply information, measurements or design specifications, you are responsible for their accuracy. We cannot accept responsibility for faults in bespoke items arising from inaccurate measurements supplied by the Client.
4. In the unlikely event that Greenway cannot fulfil your order due to supplier failure, unavailability of materials or circumstances beyond our control, we will refund your deposit and any instalments paid, and this will constitute our total liability.

6. Changes, Cancellations and Cooling-Off

1. If you wish to make changes to the design or specification after the contract is formed, you must notify Greenway promptly. We will inform you of any additional costs or changes to the schedule. We may require a variation agreement in writing.
2. Consumers purchasing standard (non-custom) goods or services via distance selling (e.g., online or by phone) have a 14-day statutory cooling-off period. To exercise this right you must inform us in writing within 14 days of receiving the goods or entering into the service contract. However, this cooling-off period does not apply to Custom Products, bespoke or personalised items, or services that have been fully performed with your agreement.
3. Once production of Custom Products has begun, or once we have commenced services with your consent, you cannot cancel the contract and demand a refund unless Greenway has breached the contract or failed to provide the Goods and Services with reasonable care and skill. Any cancellation at your request will result in forfeiture of the deposit and liability for any reasonable costs already incurred.
4. If you cancel a project that involves standard goods or services (not custom), Greenway will refund payments for goods not yet delivered and services not yet rendered, minus any reasonable administrative fees or costs incurred. You must return any goods that have already been delivered at your own expense unless the goods are faulty.
5. Where a refund is due under these terms, Greenway will process the refund within 14 days of receiving the returned goods or, in the case of services, within 14 days of cancellation. Refunds will be made using the original payment method whenever possible.

7. Delivery, Risk and Ownership

1. Delivery dates are estimates and may change due to supplier schedules, weather, and other factors. Delivery will be to the address specified on the quotation. The Client undertakes to provide access to the site when reasonably required and to ensure that access is free from hazards.
2. Risk of loss or damage to goods passes to the Client on delivery. Ownership of goods remains with Greenway until full payment has been received. Greenway will not be liable for any loss or damage caused after delivery resulting from the Client’s negligence or failure to store or maintain the goods appropriately.

8. Defects, Warranty and Limitation of Liability

1. Greenway warrants that goods supplied will be of satisfactory quality, fit for purpose and as described, as required under the Consumer Rights Act 2015. Services will be performed with reasonable care and skill.
2. Any defects in goods or workmanship must be notified to Greenway in writing within 30 days of completion. We will endeavour to repair or replace any defective goods within a reasonable time at no additional cost to the Client, provided that the defect is not due to misuse, negligence or failure by the Client to provide appropriate maintenance.
3. Where a product is supplied with a manufacturer’s warranty, the Client shall rely on that warranty and follow any maintenance instructions. Guarantees may not apply to natural products (e.g., plants, timber) that are subject to variation and environmental factors.
4. Except for liability that cannot be excluded by law, Greenway’s maximum liability to the Client in respect of any contract, whether arising in contract, tort or otherwise, shall not exceed the price paid by the Client under that contract. Greenway is not liable for any indirect or consequential loss, loss of profits, or loss of opportunity arising from the use of the goods or services or any delay in supplying them.

9. Consumer Rights and Dispute Resolution

1. Nothing in these terms is intended to exclude or limit the Client’s statutory rights as a consumer. Consumers are entitled to remedies where goods are defective or services are not provided with reasonable care and skill.
2. If a dispute arises, the Client should contact Greenway in writing with a description of the complaint. We will attempt to resolve the dispute amicably. If we cannot reach an agreement, the Client may refer the dispute to an alternative dispute resolution (ADR) scheme or to the UK courts.
3. Where the Client is a consumer, the contract is governed by the laws of England and Wales, and any disputes will be subject to the exclusive jurisdiction of the English courts.

10. Force Majeure

Greenway will not be liable for any failure or delay in fulfilling the contract due to events beyond our reasonable control (including but not limited to extreme weather, industrial disputes, supplier failures, pandemics, acts of God, or government actions). In such circumstances, we will notify you as soon as possible and agree a revised schedule.

11. General

1. If any provision of these terms is found to be unenforceable by a court, the remaining provisions shall continue in full force and effect.
2. We may update these terms from time to time to comply with changes in law or to reflect business requirements. The version in effect at the time of the Client’s order will apply to that contract. Current terms can be found on our website or provided on request.
3. These terms constitute the entire agreement between Greenway and the Client and supersede any prior agreements or understandings, whether written or oral, relating to the subject matter.
4. No variation to these terms is binding unless agreed in writing by an authorised representative of Greenway.
5. All notices or communications must be sent in writing (including by email) to the addresses specified on the quotation or as otherwise notified by the parties.

Thank you for choosing Greenway Outdoor Developments. We value your trust and aim to deliver exceptional outdoor projects. If you have any questions about these terms and conditions, please contact us before placing your order.