Terms & Conditions

Welcome to our terms and conditions of use. These terms and conditions apply to the use of the Kybotech website and all of its pages. By accessing this website or placing an order you agree to be bound by these terms and conditions.

Introduction

Most areas of the website can be accessed by a guest who is not registered with us. However, having an account is necessary to have full access to the site. The following Terms & Conditions apply only to private purchasers. All consumers and suppliers who transact with us are deemed to know and understand all of the relevant terms and conditions. We reserve all the rights to modify the contents of this page and all consumers are advised to regularly check on this page and look for possible changes.

Visit out Contact Us page for any questions.

Buying/Ordering Products

You can place an order with us through our online checkout process or through telephone. After successfully placing your order, you will be given the opportunity to check your order and correct errors if any. You will also receive an email containing a summary of your order. We can also send a printed copy of the summary upon request. Please note that an order can only be accepted after the customer has confirmed the correctness and completeness of the information supplied.

The contract is formed after we have accepted your order. However, we can still reject your placement after confirmation if:

  1. Goods are not available, in which case we may provide a substitute of the same type and quality. You will receive a notice of the substitution via post, email or telephone. If you are not pleased by the substitute goods you can return them to us and we will bear the necessary costs;
  2. We cannot obtain authorisation of your payment;
  3. There has been a product description error;
  4. It is logistically beyond our means to deliver the goods to your specified location;
  5. Delivery surcharges are applicable in your area. See Section 4 for more information regarding our Delivery Policy.
  6. Pricing error in which the item is under-priced. We will notify you of the error and provide you with the correct price of the item. You may then choose to pay the difference or just cancel the order. If you choose to cancel, we will refund any relevant costs you have incurred. See Section 5 for more information regarding our Cancellations and Returns Policy.

Prices

Prices listed are in British Pound (GBP) and are inclusive of delivery costs and VAT, although additional charges may apply to deliveries to certain remote parts of the United Kingdom or overseas. Latest prices are listed against each specific product on the website. Prices are reviewed on a regular and frequent basis and any changes will be reflected on the relevant pages immediately.

All prices must be paid on full before despatch. Payments can be made via credit or debit card. We accept MasterCard, Visa, Switch, Solo, Delta and Maestro. Online and telephone order payments are processed through our SSL (Secure Socket Layer) secure payment system. You can also pay through your Amazon Payments or PayPal account. Funds will be debited on your account after we have accepted your order.

We commit to offering the best deals to our customers. If you find a cheaper like-for-like product anywhere else please email us at sales@kybotech.co.uk and ask for a price match. This forms our Price Guard service.

Delivery

We commit ourselves to provide free delivery to our customers whenever possible. However, there are certain conditions beyond our control that gives us no choice but to levy the carrier fee as well as any incidental costs to the price. In such occasions, the customer will be notified of the additional costs and be given the choice to continue with the order, choose a different item, or cancel the order. For more information, please refer to our Delivery Page.

Cancellations & Returns

Cancellations
Email us at cancellations@kybotech.co.uk if you wish to cancel your order before the goods have been despatched. We will send you a confirmation of the cancellation.

Returns
We believe that a customer should not have to bear with a product that does not match his wants or needs. Hence, we give you a one week allowance from the time of receipt to return the goods, provided they remain unaltered and in good condition. You will then be given the chance to order another item or just get a refund. For more information please refer to our Returns page.

Photographs and Images

Photographs and images hosted on the website are used to represent the style of the product only. They are provided by the product manufacturers that own the related goods. Timber products are made from natural materials and may therefore exhibit some colour variations.

Liability

These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English Courts.

You must be over 18 years to purchase our Products or register with this website.

Kybotech Ltd shall not be liable for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the reason for that failure is caused by circumstances beyond its reasonable control.

Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such terms is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.

You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or the use of this Website by any other person using your registration details.

Modifications to Website

While we endeavour to ensure that the information on this website is correct we do not warrant the accuracy and completeness of the material on this website. We may make changes to the material on this website or to the products and prices described in it. There will be a notice on the site informing users of any changes.

If you are relying wholly on any content to make your purchase decision please feel free to contact us on 0800 169 6016 to clarify and confirm any detail prior to placing your order with us.

Visitor Material and Conduct

Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. You are prohibited from posting or transmitting to or from this Website any material:

  1. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
  2. for which you have not obtained all necessary licences and/or approvals;
  3. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
  4. which is technically harmful (including but not limited to computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

You may not misuse the Website by hacking or any other means.

We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses of the Licence Section.

If you place an order with us, occasionally we may use your name, product purchased and location for marketing messages displayed on our website. We care about your privacy so these messages will be depersonalised by using your name and county only.

License

You are permitted to print and download extracts from this Website for your own use on the following basis:

  1. no documents or related graphics on this Website are modified in any way
  2. no graphics on this Website are used separately from accompanying text; and
  3. any of our copyright and trade mark notices and this permission notice appear in all copies.

Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website unless subject to clause 9.i of the Visitor Material and Conduct, for any function is prohibited. This Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

Service Access

We strive to keep our website online and ready to serve our valued customers 24/7. We however, will not be liable in any way if the site goes offline. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

Linked Sites

Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them.

If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:

  1. you do not remove, distort or otherwise alter the size or appearance of the logo;
  2. you do not create a frame or any other browser or border environment around this Website;
  3. you do not in any way imply that we are endorsing any products or services other than our own;
  4. you do not misrepresent your relationship with us nor present any other false information about us;
  5. you do not otherwise use any trade marks displayed on this Website without our express written permission;
  6. you do not link from a website that is not owned by you; and
  7. our website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

We expressly reserve the right to revoke the right granted in clause 9.i of Visitor Material and Conduct for breach of these terms and to take any action we deem appropriate. The guilty party shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach

Registration

Each registration is for single user only. We strongly advise against sharing your username and password with neither any person nor multiple persons in a network. You are responsible for the security of your own account and should contact us as soon as possible if you think your account has been compromised

We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

Miscellaneous

Items bought by companies or individuals for trade or resale purposes will not have any warranty other than that provided by the original manufacturer. All products are sold for domestic use only.

Any warranty offered or implied is valid for goods within the United Kingdom.

You may not assign, sub-licence or otherwise transfer any of your rights under these terms and conditions.

Kybotech Ltd is doing its best to ensure that all information on this site is accurate. However, if an error does occur we will contact you as soon as we become aware of the error, to discuss whether you wish to continue with your order or not. If you cancel your order you will receive a full refund of any charges paid in advance.

Kybotech do not provide planning advice; if you are in any doubt please check whether planning permission or building regulations are required before purchase

Vouchers/Discounts

Vouchers can only be used online at gardenbuildingsdirect.co.uk, flamingbarbecues.co.uk, simplygardenfurniture.co.uk, simplyfitnessequipment.co.uk, outdoortoysdirect.co.uk, simplygreenhouses.co.uk, kyatu.co.uk and gardencentredirect.co.uk subject to these terms and conditions, and any other specific conditions notified to you on the issue of a voucher. Your use of a voucher indicates your agreement to be bound by these Voucher Terms and Conditions. We reserve the right to withdraw, vary or cancel a voucher for any reason at any time. Vouchers may be limited to redemption in respect of certain products or services or certain products or services may be excluded from the ambit of use of the voucher, in which case notice will be given to you at the time of issue of the voucher.

Vouchers are, and remain at all times, the property of Kybotech Ltd. The right to use a voucher is personal to the original recipient and may not be transferred. No voucher may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient, or stored in a data retrieval system, without the prior written permission of Kybotech Ltd. Vouchers distributed or circulated without the written approval of Kybotech Ltd, for example on an Internet message board or on a “bargains” website, are not valid for use and may be refused or cancelled. Unless expressly stated otherwise at the time of issue of the voucher, each issued voucher will be valid for use by a recipient only once.

A voucher may not be used in conjunction with any other special offer or voucher. Vouchers cannot be exchanged for cash. Where an online offer states that a percentage discount will be given on a purchase, the cost of the qualifying purchases will be reduced by the stated discount percentage. Supplementary charges such as delivery charges shall not be discounted unless specifically stated in the offer description. When you use a voucher you warrant to Kybotech Ltd that you are the duly authorised recipient of the voucher and that you are using it in good faith. If you redeem, attempt to redeem or encourage the redemption of vouchers to obtain discounts to which you or a third party are not entitled you may be committing a civil or criminal offence.

If we reasonably believe that any voucher is being used unlawfully or illegally we may reject or cancel that voucher and you agree that you will have no claim against us in respect of any rejection or cancellation. If we refuse a voucher submitted as part of an order, for any reason, we will inform you before the order is dispatched to advise of the correct cost of the order and give you the opportunity to cancel the order. The failure of Kybotech Ltd to take any action in respect of a breach of these terms and conditions shall not constitute a waiver of their enforceability. Kybotech Ltd reserves its rights in respect of these terms and conditions at all times. A voucher is redeemed by entering its code at the appropriate point in the online purchase process. Redemption may be subject to you providing proof of entitlement to use the voucher.

Vouchers are not currently able to be redeemed when paying via Google Checkout – please use alternative payment methods such as Paypal, our own secure check-out or over the telephone with our sales advisors.

MadDash & BillyOh Limited Guarantee

Please Note – This only applies to products displaying the BillyOh or MadDash Limited Guarantee Logo.

10 Year Anti-Rot Guarantee
Standard/Dip-treated products carry a 10 year guarantee against rot which covers damage from fungal decay and insect attack but not damage from movement, warping or splitting of timber products over time. Please note this does not include the BillyOh Log cabins, individual guarantee applies.

Any warranty offered is only valid for goods within the United Kingdom.

All products sold are for domestic use only unless otherwise stated in the description and/or product pages.

This warranty applies to products purchased after January 2008; please note products purchased before this date carry a standard 1 year warranty on all parts.

Validity of Guarantee
The product build instructions which are supplied with each building should be adhered to comply with the conditions of the guarantee. If any part of pre-treated timber is cut, notched or drilled then an approved cut-end treatment should be applied to comply with the conditions of the guarantee.

A suitable timber treatment should be applied at the time of first build and then applied every 12 months to maintain the appearance of the timber and to comply with the conditions of the guarantee. The application and/or mixing guidelines provided by the manufacturer of the timber treatment should be followed.

Invalidation of Guarantee:

  1. The building has been customised or modified in any way.
  2. The person claiming is not the original purchaser of the building.
  3. The building has not been treated annually or as per the treatment manufacturers.
  4. The building has not been erected on a solid / concrete base or placed on pressure treated bearers.
  5. The building has not been erected, fitted or installed correctly.
  6. The building is or has been touching any external wall which can allow moisture to penetrate the timber.

General Information
Wood is a natural product and susceptible to changes in the external environment. Extremes of temperature or weather conditions will cause a reaction in the timber. Sawn timber and machine-rounded items in particular, may split. This will not affect the structural strength of the wood or the product guarantee.

Terms and conditions do not affect your statutory rights.

Communication

Kybotech Ltd and its ecommerce websites may contact you by email or other means to make sure that you are up-to-date regarding our new arrivals, promotions, and planned site changes.

If you don’t want to receive this type of communication from us you can write us to let us know at the following address: BillyOh, Dukeries Industrial Estate,Claylands Avenue, Worksop, S81 7BQ or email us at newsletters@kybotech.co.uk.

Please visit our Privacy Policy page for more information.