Terms & Conditions.
Terms and conditions
To protect your own interests please read these terms & conditions carefully. If you are uncertain as to your rights under them or you want any explanation about them please write, telephone or email us.
Images and text are copywrite and can only be used with permission from MyTipi and names partners. We reserve the right to withdraw consent at any time.
A tipi being made to order can usually be made for you within a matter of weeks, although the lead time can vary depending on the season and how busy we are but we will give you an accurate time span when you ask and will always endeavour to have your tipi to you sooner than expected if you wish!... When you order your tipi we will discuss the date you require it by, if you need it sooner rather than later this can nearly always be arranged so please ask, we will then arrange something which suits you best.
Anyone purchasing a tipi from MyTipi will be considered to have taken full responsibility for the safe and considered use of the product, and that all necessary steps have been taken to ensure that the tipi is used in a manner which ensures the safety of any person who comes into contact or use of the tipi.
If you wish to read a copy of the instructions and maintenance guide in advance of making a purchase of a tipi we are happy to send a copy to you so you can be satisfied that you are aware of the undertaking. If you do not ask for instructions and maintenance guide and order a tipi we will still deem it that you are satisfied and able to set up and maintain a tipi from your own research. Independent to our instructions we do recommend you do your own individual research to be sure you fully understand the nature of a tipi.
A tipi is not a building/house, it is a canvas tent structure which means it can not be completely sealed/secured to insects/animals/people, our inner liner pegs to the floor to keep out breezes but this, along with the canvas entrance door makes it impossible to seal up/lock.
A tipi (though strong in the wind) can not and will not stand up to ALL weathers.
Please ensure that you have read the instructions before setting up or using your tipi. As part of our agreement to provide you with a tipi, we require you to be fully aware of the content of the instructions provided. If you do not have a copy of instructions or maintenance guide on delivery / collection of your tipi please contact us and we are happy to email a copy of both to you.
Tipis are bespoke made items, we ask for 50% non refundable deposit before we start making, the rest is payable either in cash on delivery/collection or by bank transfer or cheque 2 weeks before delivery/collection.
Please note that we are happy to offer advice and practical/physical assistance with a tipi for an extra fee, though we do find that people benefit from setting up their tipis themselves using our instructions, we will advise ways to ensure your tipi stays set up strongly in a safe condition and will always be happy to offer advice should you be unsure what to do with regards to safety and maintenance of a tipi. We do not accept any responsibility or liability for the stability and usability of your tipi when you have set it up yourself, or once we have set up and you have accepted you are happy with your tipi set up.
You need to be aware that setting up a tipi (including fitting a tipi hat and potentially a flashing kit) will involve working at heights at times and will involve cutting of tipi poles or canvas (for the hat or flashing kit respectively) MyTipi take no responsibility if you are unable to do this yourself or if you attempt and make an error which causes the tipi to be damaged or unusable.
The advice we offer is there to ensure your tipi doesn't get damaged and lasts a long time and also to ensure you understand how to ensure it is safe for people occupying space inside and around your tipi. You are responsible for this upkeep and we hold no responsibility for the actions or inactions of others which may result in the tipi breaking or falling or being left in situations which can damage the canvas eg on the floor over winter.
In the event that you choose to take delivery/collect a tipi without having a set up session from MyTipi we take no responsibility if you find you are physically incapable of setting up the tipi. We can offer some guidance to the size and suitability and the matching of your ability and number of people you have to help but we ultimately accept no responsibility for your abilities. If you purchase a tipi from us (with or without set up) it is under the express understanding that you as the owner of a tipi have the ability to maintain and set it up or that you have the ability to make provisions for people who have the necessary skills and abilities on your behalf.
We can offer a set up and instruction service (subject to availability) but you are responsible for having person power there to help with this, generally with a small tipi one person is enough along with one of us who will arrive for the set up with your tipi, for larger tipis 4 people are needed, if you have less than the advised number of people on the day of set up we are happy to still attempt the set up but can not be responsible for the tipi not being set up due to lack of help and adverse weather conditions. In this situation we will pack away the tipi and help you store it where needed but no refund will be given for the set up. Please be aware we accept no liability for damages to equipment, property or injury to humans during or after set up instruction, any necessary public liability insurances to cover this type of activity and work needs for yourself and employees/staff/helpers must be taken out by you the buyer.
We offer instructions as per the manufacturer guidelines and can offer advice and help with fitting a woodburner with a flue and flashing kit, however we are NOT qualified woodburner installers and therefore take no responsibility for the safety of the fitting and use of the woodburner after fitting. If in doubt about your ability with fitting of a flashing kit or stove please employ a qualified fitter who has the necessary skills and certification. Although tipis ventilate very well, we suggest fitting a carbon monoxide alarm inside the tipi when using any form of wood fired or gas fired heater.
YOU ARE ADVISED TO PRINT AND RETAIN THESE TERMS FOR YOUR RECORDS.
By placing an Order and purchasing goods from MyTipi you enter into a legally binding agreement with us on the following Conditions. You should read and understand these Conditions because they affect your rights and liabilities.
These are the Standard Terms and Conditions of Sale of MyTipi (“the Seller”, “We” or “Us”) for certain products as set out in the pages on this site (“the Goods”). Subject to the provisions of Clause.
In accordance with the provisions of the Consumer Protection (Distance Selling) Regulations 2000, you have the right to withdraw from this transaction.
THESE CONDITIONS DESCRIBE THE BASIS FOR PURCHASE BY YOU AND SALE BY US OF THE PRODUCTS DESCRIBED ON THIS WEB SITE.
1. Interpretation
1.1 In these Conditions:
‘Conditions’ means the standard Terms and Conditions of sale set out in this document;
‘Contract’ means the contract for the sale of the Goods;
‘Delivery Area’ means details of the delivery address as provided by you;
‘Goods’ which you have ordered including any instalment of the goods or any parts for them which are available for purchase from our Web Site in accordance with the Conditions;
‘Information System’ means a system for generating, sending, receiving, storing or otherwise processing electronic communications;
‘Order’ means any order placed by you with us for the supply of Goods;
‘Regulations’ means the Consumer Protection (Distance Selling) Regulations 2000;
1.2 Reference to any statute or statutory provisions shall be deemed to include any statutory modifications or re-enactments thereof or any rules or regulations made thereunder or any enactment repealing and replacing the act referred to.
1.3 Unless the context otherwise requires:-
1.3.1 words importing the singular shall include the plural and vice versa;
1.3.2 words importing the masculine gender shall include the feminine gender and vice versa;
1.3.3 references to persons shall include bodies of persons whether corporate or incorporate.
1.4 Unless the context otherwise requires references to clauses shall be construed as references to clauses of these Conditions.
1.5 Headings are inserted for convenience only and shall not affect the construction or interpretation of these Conditions.
2. Basis of the sale
2.1 We shall sell to you and you shall purchase only those goods which you have set out in an order and which have been accepted by us. We reserve the right to reject any order. Unless otherwise agreed in writing each such sale of Goods will be subject to these terms and conditions.
2.2 No Order submitted by you shall be deemed to be accepted by us unless and until confirmed by e-mail or in writing by us. We reserve the right to reject any order after any confirmation email has been received by you.
2.3 No variation to these Conditions shall be binding upon us unless and until agreed by e-mail or in writing by us.
2.4 Any error or omission in any information or document issued by us shall be subject to correction provided that the correction does not materially affect the contract.
3. Orders
3.1 The quantity, quality and description of the Goods will be those set out in your Order (if accepted by us).
3.2 Orders are accepted at our sole discretion but are normally accepted if the Goods are available, the order reflects current pricing, you are based in the Delivery Area and your Payment Card is authorised for the transaction.
3.3 You or we are entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the Goods appearing on our website.
3.4 You shall be responsible for ensuring the accuracy of the terms of any Order submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with its terms.
3.5 The quantity, quality and description of and any specification for the Goods shall be those set out in the relevant pages of this site.
3.6 We reserve the right to make changes in the specification of the Goods which are required to conform with safety regulations
3.4 Canvas is a natural product, this means the shade, weave and texture between batches can vary. We make every effort to use the same batch fabric for each tipi we make but in some cases and in the interests of keeping wastage down a new batch will be used to complete a tipi, in this instance we will make a professional decision on where to use this fabric so it is in the least obvious area.
‘Website’ our presence on the world wide web, currently accessible via the address www.mytipi.co.uk
4. Price of the goods
4.1 The price of the Goods shall be the price set out on the relevant page of this site. We reserve the right to change the prices set out on this site provided that if we accept an order from you the price for the goods will be the price set out in the relevant range at the time the order is placed.
4.2 If the price of the Goods increases between the date we accept your Order and the delivery date, we will let you know and ask you to confirm by e-mail/in writing that the new price is acceptable. If it is not acceptable then you will, of course, have the option of cancelling the order.
5. Delivery
5.1 Delivery of the Goods shall be made by us or our carrier to the address for delivery shown in the Order Form. It is important that this address is accurate. Please be precise about where you would like the Goods left if you are out when we deliver. Once the Goods have been delivered in accordance with your delivery instructions, you will be responsible for them. Our responsibility for everything other than damage due to our negligence or due to a manufacturing design or design fault will cease upon delivery.
5.2 We will do all that we reasonably can to meet the date given for delivery or, if no date has been agreed, within 30 days of the order date, we cannot be held responsible for delays beyond our control. If we are unable to make the delivery date we will contact you. If delivery cannot be made within 30 days of the given delivery date you will be entitled to either arrange a revised date or cancel the order and receive a refund minus the deposit taken for bespoke goods. If we are able to make delivery in advance of the given date we will contact you.
5.3 If the order is a multiple order and we are unable to make delivery of the whole order but are able to deliver part we will contact you, informing you of this, and delivery will be on a mutually agreed date. In this instance delivery will be said to be made in instalments. Each delivery shall constitute a separate contract and any failure by us to deliver any one or more of the instalments in accordance with these conditions, or any claim by you in respect of any one or more instalments will not entitle you to treat the contract as a whole as repudiated.
5.4 If we fail for any reason within our control to fully/partially deliver your Goods any reimbursement shall be no more than the price of the Good, together with any delivery and/or reasonable return costs.
5.5 If set up is agreed as part of the sale we bear no responsibility for being unable to fulfil the set up due to reasons out of our control, these include weather events and you not having the correct number of people to help our delivery person. If we deem the weather risks damage to people or property we will advise you of this before set up on the day, we are happy to attempt once to set up if you wish for us to continue, or will advise that set up is not possible, in this event we are unable to return the cost charged for delivery and set up.
5.6 If delivery is arranged and the client wishes to change this, notification must be given in writing, if notice by the client is given at less than 7 days notice before the pre agreed delivery date we reserve the right to charge for a repeat delivery.
5.7 The client is responsible for taking out appropriate public liability and other insurances to cover themselves, staff, employees, other helpers and property to protect them should there be injury or damage during our set up instruction, MyTipi bare no responsibility for any injury or damage to property during our instruction set ups, people who partake and help in set ups do so entirely at their own risk.
5.8 If you do not opt for a set up and instruction service or opt to take delivery of a tipi when aware that this service is not available at the time, MyTipi bare no responsibility to your ability to set up your tipi in the appropriate way, this also includes the fitting of stoves, flashing kits and the fitting of a tipi hat when cutting the poles to enable it to fit.
6. Risk And Property
6.1 As soon as we have delivered the Goods or services, you will be responsible for them. If you delay a delivery our responsibility for everything other than damage due to our negligence will end on the date we agree to deliver them, as set out in the contract.
6.2 Subject to the provisions of clause 9 and not withstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to you until we have received in cash or cleared funds payment in full of the price of the Goods. Goods supplied to you are not for resale.
7.Warranties and liability
7.1 Terms and conditions of this contract do not affect any additional rights you may have under a manufacturer’s warranty/guarantee. These are rights given to you by the manufacturer in addition to your statutory rights. Any additional rights given to you by the manufacturer in respect of Goods purchased are not incorporated into this contract.
7.2 As a consumer you have statutory rights regarding the return of defective Goods and claims in respect of losses caused by any negligence on our part or our failure to carry out our obligations. The terms and conditions of this contract do not affect your statutory rights. For further information regarding these rights contact Trading Standards or Citizens’ Advice Bureau.
7.3 IMPORTANT NOTICE: TIME LIMIT FOR NOTIFICATION OF CLAIMS
You are asked to examine the goods as soon as reasonably possible after delivery. Any claim by you based on any defect in the quality or condition of the Goods or their failure to correspond with specification must (whether or not delivery is refused by you) be notified to the company within 5 days from the date of delivery or within a reasonable time after discovery of the defect or failure if it was not apparent on reasonable inspection. In the case of canvas covers for bespoke structures and prototype structures we bear no responsbility to the longevity of canvas and stitching, any work taken out in this manner is done so with the buyer accepting full liability for the product and any wear and tear or limitations of such canvas.
7.4 Where a tipi or any other canvas structure has been made to order, either bespoke in colour and or size, this constitutes a bespoke personalised item under the consumer rights act. This includes the purchase of materials prior to the actual item physically being made, an idem does not need to be completed by the company for bespoke personalized item to be relevant. All materials are made to order for each individual order.
7.5 We will not be liable under this contract for any loss or damage caused by us or our agents in circumstances where:
i) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
ii) such loss or damage is not a reasonably foreseeable result of any such breach;
iii) any increase in loss or damage resulting from breach by you of any term of this contract.
In the event that you are using the supply address in part for commercial purposes then no liability for loss of profits or other economic loss arising out of a breach of this agreement can be accepted.
7.6 Subject to our obligations, and your rights under the Regulations, we shall not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Goods if the delay or failure was due to any cause beyond our reasonable control.
7.7 We assume no responsibility for the contents of any other web sites to which this Web Site has links.
7.8 It is your responsibility to use our products with discretion. We do not accept liability for the misuse of our products. We accept no liability for the deterioration of the products due to incorrect storage conditions. You should ensure that the products are stored according to label instructions and are kept in hygienic conditions to minimise the risk of deterioration of the product resulting from external factors.
7.9 We bear no responsibility for the sourcing of tipi poles and other associated equipment. In the event that we the company are not supplying an item, including tipi poles we make no guarantee that details of other suppliers provided by the company to the client can supply items or the quality of those items. Where we the company offer advice and information on measurements of poles and other items we bear no liability on the poles or items being of a suitable standard from another supplier. When purchasing a tipi without poles it is the clients responsibility to source poles, suggestions and contacts offered to the client by the company makes no guarantee poles can be sourced, being unable to source poles and any other associated items is not grounds for cancellation of an order. When wishing to cancel an order under these circumstances the client must refer to clause number 7.4 above where deposit may be witheld for bespoke items.
7.10 MyTipi will offer advice, if sought by the client on location of a tipi, however it is the ultimate clients responsibility to ensure the location their tipi is destined to go in is both of correct size, level and exposure to elements. MyTipi takes no responsibility for tipis which ultimately do not work as they should for customers due to proper siting or siting which makes the siting and continued use of a tipi dangerous or impractical. MyTipi operates a strict no refund policy if this matter arises.
8. Communications
8.1 Any communication sent electronically by e-mail or otherwise:
8.1.1 will be deemed to have been sent once it enters an Information System outside the control of the originator of the message;
8.1.2 will be deemed to have been received by the intended recipient at the time that in a readable form it enters an Information System which is capable of access by the intended recipient;
8.1.3 will be deemed to have been dispatched in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides;
8.1.4 will be deemed to have been received in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides.
8.2 To protect your own interests you should ask for a delivery receipt for any such and retain a hard copy of that delivery receipt and the original correspondence.
9. General
9.1 Any communication sent by post will be deemed received by the intended recipient 3 days following mailing where sent by first class post or five days after mailing where sent by second class post.
9.2 The clauses of these Conditions and each sub-clause thereof are several and if any part of any clause or sub-clause shall be void, invalid or unenforceable then the remainder of such clauses or sub-clauses shall nevertheless be valid and enforceable.
9.3 No term of the Contract is intended to confer a benefit on, or be enforceable by, any person who is not a party to the Agreement (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise).
9.4 If any provision of these Conditions is held by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction in whole or in part, it will not affect the validity or enforceability of the other provisions of these Conditions and the remainder of the provision in question shall not be affected nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
9.5 We will try and solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings you must do so within Great Britain.
9.6 The headings in these Conditions are for convenience only and will not affect their interpretation.
If you are unsure at any point with a tipi you wish to use feel free to call us for advice and we will happily share all thoughts and potential solitons with you.