Bison Design Terms and Conditions

 

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Bison Designs range of premium garden furniture and Pergola’s are unless otherwise stated solely intended for residential use. The assessment of appropriate use remains the sole responsibility of the individual and Bison Design accepts no responsibility for damage or unjust caused as a result of improper use, as defined below.

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1.  Building Regulations
    

• Meeting building regulations is the joint responsibility of the Customer and the landowner, not of the supplier (Bison Design), nevertheless we want to make it clear that our products are not intended to be used where building regulations are required, so we have set out circumstances below so that you can easily check whether or not building regulations are likely to apply to you. By purchasing this product, the customer agrees with all of the following statements:

• The building will contain NO sleeping accommodation

• IF the building is over 15 square metres in internal floor space then it will need to be positioned at least 1m away from any boundary, and contain no sleeping accommodation or; Please ensure that you speak with your Local Authority Building Control prior to purchase with regards to potential appropriate fire proofing.

• IF the building is over 30 square metres in internal floor space then you are made aware that this building does not comply with building regulations exceptions or you intend to use it for an exempted use such as: a building into which people do not normally go, or agricultural purposes, or you intend to modify the building, once installation is complete, in such a way that it will meet building regulations and understand that such modifications may invalidate any guarantees in the product.

• If you are unsure about Building Regulations we recommend that you seek further advice and guidance from your local Building Control Office

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1. Acceptance of Terms
    

By placing an order with Bison Design, you explicitly acknowledge and agree to be bound by these legally binding Terms and Conditions. Bison Design reserves the unqualified right to update or modify these terms periodically without prior notice.

 

1. Orders and Payments -Standard payment terms, unless explicitly agreed otherwise.
    

Due to the custom and bespoke nature of Bison Design Pergola systems a payment of 60% deposit at point of order followed by the remaining 40% before shipping. The 60% deposit required when placing an order constitutes a binding contractual commitment. Failure to clear the remaining 40% balance may result in the immediate forfeiture of the deposit. Orders are subject to acceptance by Bison Design. We expressly reserve the unequivocal right to decline or cancel an order at any time.
 

1. Lead Time and Delivery 
    

The Lead time will be confirmed at point of order. While we strive to meet delivery estimates, logistical issues may arise. Bison Design operate consistent with the Consumer Rights Act 2015.
 

1. Returns and Refunds
    

Refer to our Returns Policy for detailed information on initiating returns, inspection processes, and refund timelines. Customers are unequivocally responsible for return shipping costs unless explicitly stated otherwise in our Returns Policy. This condition complies with consumer rights under the Consumer Contracts Regulations 2013.
 

1. Returns policy
    

As our pergolas are custom-made, we cannot accept returns or offer refunds unless the product is defective or does not match the agreed-upon specifications.

All Items must be inspected at point of delivery and any defects raised on the day of delivery, Bison Design accept no responsibility for damage caused after delivery.

Refunds (if applicable) will only cover the original purchase price and will not include costs such as installation or expedited delivery fees.
 

1. Cancellations 
    

All cancellations must be made in writing to Sales@Bison-Design.co.uk. Due to the custom and bespoke nature of Bison Design Pergola systems a refund will be calculated based on materials, resource and expense already consumed. 
 

1. Defective Items
    

Customers claiming a defective design or part must provide incontrovertible evidence of the defect within 15 working days of receipt of product. Customers claiming a defective item relating to the delivery and or paint damage must provide incontrovertible evidence of the defect on the day of delivery. If validated, Bison Design will, without hesitation, offer a refund or replacement, including the entire cost of return shipping. This process adheres strictly to consumer rights under the Consumer Rights Act 2015.
 

1. Warranty Coverage
    

Bison Design UK offers a limited warranty covering manufacturing defects and structural integrity under normal use. Exclusions:
 

• The warranty does not cover damage caused by improper use of the product. This included but is not limited to: 
   

  • Climbing upon the structure

  • the addition of 3rd party products and/or devices that would either add additional load, or weaken the structure itself.
     

• Damage caused by extreme weather conditions, including but not limited to storms, high winds, heavy snowfall, or flooding.

• Issues arising as a result of incorrect installation, or failure to adhere to the standard fixing instructions

• Any issues arising due to the recommended maintenance instructions not being adhered to, Customers must follow all care and maintenance guidelines provided, as failure to do so may affect warranty claims.
   

1. Customer Responsibility & Safety
    

• The customer is responsible for ensuring the pergola is installed correctly and securely, following the provided installation instructions.

• Where possible the customers must check and tighten all bolts and fastenings periodically to maintain safety and stability. We recommend an annual safety check to ensure the Pergola is still stable and structurally sound. 

• Before use, customers should inspect the pergola for any signs of wear, loose components, or potential hazards.
   

1. Liability Disclaimer
    

• Bison Design UK is not liable for damage, injury, or accidents caused by improper installation, misuse, or failure to maintain the pergola in accordance with our recommendations.

• Customers assume full responsibility for ensuring the pergola remains safe for use and is installed correctly.
   

1. Weather Conditions & Usage Advisory
    

• Our pergolas are designed for typical UK weather conditions but are not suitable for extreme storms.

• In adverse weather conditions, we strongly advise that customers take precautions, and do not use the Pergola for shelter of people or items. 

• Customers are responsible for assessing local weather conditions and ensuring the pergola remains safe to use.

• Our pergolas are designed for residential use. If used in a commercial setting, additional structural reinforcements may be required, and Bison Design UK accepts no liability for any issues arising from such use.
   

1. Force Majeure
    

Bison Design UK is not liable for any failure or delay in performance due to events beyond our reasonable control, including but not limited to natural disasters, extreme weather conditions, supply chain disruptions, acts of government, or any other unforeseen circumstances. Neither party shall be held liable for failure to perform its obligations under these Terms and Conditions due to unforeseen circumstances or events beyond reasonable control, including but not limited to natural disasters, strikes, or government actions.

 

1. Intellectual Property
    

All designs, images, and content on the Bison Design website are unequivocally protected by intellectual property laws. Any unauthorized use is categorically prohibited.
 

1. Limitation of Liability
    

Bison Design shall not, under any circumstances, be liable for any indirect, consequential, or incidental damages arising out of the use or inability to use our products, within the strict bounds set by the Unfair Contract Terms Act 1977.
 

1. Governing Law and Exclusive Jurisdiction
    

These Terms and Conditions are unequivocally governed by and construed in accordance with the laws of England and Wales. Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.
 

1. Privacy
    

Bison Design is unwaveringly committed to protecting customer privacy. Refer to our Privacy Policy for meticulous details on how we collect, use, and protect your personal information, ensuring compliance with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018.
 

1. Contact Information
    

For inquiries, contact us at Sales@Bison-Design.co.uk
 

1. Severability Clause:
    

In the event that any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.
 

1. Dispute Resolution:
    

Any disputes arising from or in connection with these Terms and Conditions shall be resolved through mediation or arbitration, as outlined in the applicable dispute resolution clause incorporated herein.
 

1. Accessibility and Acknowledgment:
    

These Terms and Conditions are easily accessible on our website. By placing an order, customers explicitly acknowledge their acceptance of these terms through a checkbox during the ordering process.
 

1. Currency of Prices:
    

All prices are quoted in British pound sterling (GBP). Any variations due to currency exchange rates will be communicated transparently to customers.
 

1. Modification of Terms:
    

Bison Design reserves the right to modify these Terms and Conditions. Customers will be duly informed of any changes.
 

1. Third-Party Rights:
    

No third parties have rights or obligations under these Terms and Conditions unless explicitly stated otherwise.
 

1. Acceptable Use Policy:
    

An acceptable use policy is outlined to specify how customers are expected to use Bison Design’s products or services, providing clear guidelines for customers and protecting business interests.
 

1. Electronic Signature Acceptance:
    

Electronic signatures or acceptances (such as clicking “I agree” or an email explicitly stating acceptance of terms) are legally binding and equivalent to written signatures. If a payment is made to Bison Design this is assumed terms and been reviewed and is equivalent to acceptance as stated above.
 

1. Clear Waiver Language:
    

The failure to enforce any provision of these Terms and Conditions does not constitute a waiver of that provision or any other provision.
 

1. Inspection of Returned Items:
    

We reserve the right to thoroughly inspect returned items upon receipt. If the returned item does not meet the specified conditions, including intact packaging and a disassembled pergola, we retain the right to reject the return or deduct a corresponding amount from the refund to cover any restoration costs.
 

1. Deduction for Restoration Costs:

In cases where a returned item requires restoration due to damages or incomplete disassembly, we reserve the right to deduct reasonable restoration costs from the refund amount. Customers will be notified of any deductions, and supporting documentation will be provided upon request.
 

1. Limitation of Liability:
    

Our liability for any damages, losses, or claims arising out of the purchase, use, or return of our products is limited to the total amount paid by the customer for the specific product in question. In no event shall we be liable for any consequential, indirect, or incidental damages.
 

1. Communication Preferences:
    

By providing us with your contact information, you consent to receive communication from us, including but not limited to order updates, promotional materials, and important notices. Customers can opt-out of promotional communication at any time. 
 

1. Installation Liability Disclaimer:
    

1. Installation Responsibility: The installation of the Pergola is carried out or arranged by the customer. By agreeing to these Terms and Conditions, you acknowledge full responsibility for the proper and safe installation of the pergola, including but not limited to the assembly, bolt-down, and foundation.

Bison Design does not accept any responsibility or liability for the installation process, including any damages or issues arising from it. This includes, but is not limited to, issues with the foundation, bolt-down, structural integrity, or any consequential damage resulting from improper installation.
 

1. Liability for Installation Issues: Any claims, disputes, or damages arising from the installation, including but not limited to foundation issues, improper bolt-down, or structural defects, will be directed and handled by the customer. 
    

Bison Design will not be held liable for any damages, costs, or consequences arising from the installation process, including damage to property, improper foundation, failure to secure the pergola correctly, or any damages resulting from installation defects.
 

1. Wind and Weather-Related Damage: The Bison Design Pergola is designed to withstand winds of up to 60 MPH only when the structure is correctly bolted down to a properly installed and adequate foundation with the correct type and number of fixings. The foundation must meet the specifications of 40cm x 40cm x 40cm deep concrete with the correct type of concrete. In areas exposed to high winds or open conditions, we recommend using 60cm x 60cm x 60cm deep concrete foundations for enhanced stability.

If the foundation is incorrectly installed or the wrong materials are used, the pergola may not withstand wind speeds of 60 MPH, and Bison Design will not be liable for any damage, injury, or loss caused by wind, weather, or natural events. The customer is solely responsible for ensuring that the installation complies with the required foundation specifications and installation guidelines.
 

1. No Liability for Improper Installation or Foundation: Bison Design will not be liable for any damage, injury, or loss caused by improper installation or failure to meet foundation requirements, including but not limited to:
    

• Failure to use the correct type or depth of concrete for foundations.

• Failure to use the correct type or number of fixings.

• Failure to secure the pergola properly to the foundation.

• Structural damage, collapse, or instability due to inadequate foundations or incorrect installation.

• Damage to property or injury caused by a failure to meet installation and foundation requirements.
   

1. Exclusion of Liability for Extreme Weather: Bison Design is not responsible for any damage, injury, or loss resulting from extreme weather conditions such as high winds, storms, or natural events. This includes circumstances where the pergola has not been installed or anchored correctly in accordance with the specified guidelines.
    

Customers are strongly advised to ensure that the foundation meets the required specifications, the pergola is properly anchored, and the installation is performed correctly. Failure to do so will void the warranty and may result in significant damage to the pergola, surrounding property, and potential injury.
 

1. No Liability for Future Installation or Reinstallation: Any requests for reinstallation or fixing the pergola due to failure of foundation, bolt-down, or improper installation will not be covered under any warranty or liability from Bison Design. Customers are advised that any such work is entirely their responsibility, and they may incur additional costs if reinstallation or modifications are needed due to improper setup.
    

Ongoing Security & Customer Responsibility To ensure long-term stability and safety, customers are solely responsible for regularly inspecting their pergola to confirm that it remains securely anchored to the foundation. External factors such as ground movement, weather conditions, and general wear may affect the integrity of the bolt-down installation over time. Bison Design accept no liability for any damage, injury, or loss caused by the pergola becoming unstable or unsecured after installation. If any loosening or instability is detected, it is the customer’s responsibility to take immediate action to reinforce the structure. We strongly recommend periodic checks and professional inspections to maintain stability. Heater Safety Warning During installation, pergola heaters are securely bolted to the pergola frame. Bison Design offer no warranty or accept no liability for any injury, damage, or loss resulting from any additional modifications to the Pergola such as but not limited to cladding, electrical work, heaters and walling.

 

1. Terminology  
    

   1. Bison Design may be referred to as “Bison”. 

   2. Pergola may be referred to as “Structure, Unit, Summer house, Garden Room”.

   3. Customer is described as the direct customer of Bison Design and not intended as the end user.