Privacy Policy

Design Create Play Ltd – Terms & Conditions of Business

These terms and conditions apply to all business undertaken between Design Create Play Limited, a company registered in England and Wales under company number 10357627, whose registered office is at Unit 25 Flightway Business Park, Dunkeswell, Devon, EX14 4RD (“Design Create Play”, “The Company”  or “we”) and any prospective or actual customers of Design Create Play Limited (“you”).  References to Design Create Play Limited throughout include our affiliates, agents and sub-contractors where appropriate.  You will be deemed to accept these terms and conditions in full unless you notify us and we then agree to any variation in writing.

Design Create Play Limited – what we do

Design Create Play are a manufacturer and supplier of bespoke children’s playhouses and outdoor play equipment and the supplier of related products and services.

These terms and conditions apply to all dealings between Design Create Play and you irrespective of whether a sale takes place (for example, if we meet to discuss potential business) and take precedence over any other terms and conditions or representations unless expressly agreed otherwise in writing.

Pricing and quotations

Quotations are valid for 30 days from the date of issue and will refer to a specification and installation cost if relevant; any subsequent revisions to the specification will require re-quotation and may incur additional cost.

Unless stated otherwise list or website prices do not include delivery and installation.

Billing and payment terms

Orders of less than £3000 (excluding delivery and installation costs), if applicable) must be paid for in full at the time of order placement or purchase.

Orders £3000 (excluding delivery and installation costs) require an initial payment of 40% at the time of order confirmation. A payment of further 40% is due immediately prior to delivery and installation. The balance of 20% is due immediately upon completion of installation of the playhouse or play equipment.

Design Create Play Limited reserve the right to require payment in cleared funds before delivery and installation takes place.

Should you decide to cancel an order we reserve the right to withhold reasonable costs.

In accordance with current legislation we reserve to treat your order as a customised specified item. you have the right to cancel your order within 7 days from date of ordering.

The purchaser shall not be entitled to withhold payment for reason of any alleged minor defect. The Company will investigate any alleged defect after payment in full of the balance payable upon completion.

Delivery and installation

If you are ordering for a special event please make this clear in advance so that we can attempt to accommodate this.

We will give you an anticipated delivery date or window. Design Create Play Ltd are a made-to-order company – we make every effort to meet or exceed delivery commitments but time shall not be of the essence of the contract and the company shall not be liable in respect of any delay in manufacture, delivery or installation caused by accident, fires, strikes, lock-outs, material shortages, sickness, adverse weather or other circumstances beyond the company’s control.

On the day of installation we ask that you are onsite at the time of arrival to approve the final siting of the play structure. We cannot be held responsible if, through circumstances beyond our control, our arrival time is delayed. We will always try to work with you in these types of circumstances, but additional time incurred may be charged if our late arrival, or your consequential  inability to be in attendance  leads to installation over-run, or incorrect placement of the play structure.

Site survey, ground preparation

Design Create Play Ltd do not carry out site preparation, levelling or clearance work, unless agreed otherwise.  We therefore accept no liability for damage to the product resulting from incorrect site preparation; We reserve the right to require additional preparation work before installation, but ultimately it is your responsibility to ensure that the site is suitable.

Only rarely will a playhouse require planning consent.  We will give you guidance on our interpretation of the planning regulations, but we make no warranty as to correctness, suitability or acceptability and do not accept any liability for this guidance.  If you are concerned that you may be in breach, please ensure that you have contacted your local planning authority and/or discussed the project with neighbours prior to installation.

Installation

At Design Create Play Ltd we insist upon our trained craftsmen installing our play equipment. Our experience is that children and parents get rather excited when we arrive to install a playhouse. Safety is important: we may cordon off the working area during installation, but it is your responsibility to ensure that children, pets and eager parents are kept away from the working area. Supervision of children and pets is your responsibility.

We endeavour to make good any disturbance to ground surfaces or covering materials but are not liable for any damage that occurs due to the processes of installation or the damage due the need to access the working area. We do not undertake to provide or reinstate pre-layed surfaces, particularly, but not exclusively, imitation grass coverings and bonded rubber surfaces.

Maintenance

We aspire to long-term relationships with our customers and want you to feel comfortable recommending us. Although you are responsible for ensuring that appropriate maintenance checks and processes are followed over the lifetime of the playhouse or climbing frame, please contact us in future and we will advise on any maintenance and safety issues.

Once installed, we will give you guidelines and recommendations for the safe use and long-term maintenance of your product. Most timber is pressure treated to ensure a long life. We may recommend additional surface treatments such as wood stains, paints and varnishes.

Timber is a natural product.  You can therefore expect splits and shrinkages to occur over time.  If you carry out regular checks to ensure the security of fastenings and the integrity of the timber then your playhouse will reward you with many years of service.

Design Create Play Ltd are happy to advise on relocation of playhouses at the existing or new premises. However, We do not accept any liability for the playhouse on any other site unless the relocation is carried out by Design Create Play Ltd. Quotes are available upon request.

Ownership and intellectual property

The copyright and design rights to all designs including drawings and materials supplied to you as a customer or prospective customer remain the property of Design Create Play Ltd.

Legal ownership or title to the playhouse or climbing frame structure, (not the copyright and design right) passes from Design Create Play Ltd to you upon receipt of full payment in cleared funds.

Safety certification

The playhouses supplied by Design Create Play Ltd are CE marked and conform to or exceed the appropriate European toy safety standards (EN71-8) relating, for example, to finger entrapment, surface finish and radiused corners. We also carry a full product and public liability insurance policy, a copy of which is available upon request.

Parking

Where we incur parking fees or toll and congestion charges to enable delivery and installation to take place we pass this cost onto the customer and is additional to the agreed delivery and installation cost. The items will be added to the final invoice.

It is important that we are able to park delivery vehicles as close to the installation site as possible. It is your responsibility to obtain suitable parking permissions as required.

Site access

If we have to carry goods through your house or other buildings we will be as careful as possible not to damage fixtures, furnishings or your personal effects, however we accept no liability for any damage that does occur. If we are crossing carpets or floors in outside (and possibly dirty) footwear then we will need to know in advance if flooring protection is required.

We are not liable for, and will make appropriate additional charge, for any delays or excess inconvenience or work required where we are unable to access your garden by the most reasonable appropriate means possible.

If the lead installer deems it is not safe to use the suggested route of access he has the authority on behalf of the company to withdraw from site until he is satisfied that access for our installers is safe. Any costs involved either through time or materials in making safe access will be passed on to the customer.

Installation over-run

When we provide you with a quotation we do our best to estimate the cost of delivery and installation time in days, and that estimated time is reflected in the price you are quoted on your order. We take pride in what we do and consider it vitally important that our products are installed correctly. Very occasionally an installation will take more days than originally estimated, we reserve the right to charge additional days at the following rate: £400 per person that is on site.

Use of Design Create Play Ltd’ products

We install equipment safely, but Design Create Play Ltd cannot be held responsible for the safe use of the equipment.  It is your responsibility as parent or guardian to ensure that a child is at a suitable stage of development to use our products and that they remain supervised during play if appropriate. Although this is indicative only, we recommend that children are a minimum of 3 years old before using any elevated equipment. Other than where it results from our negligence, we accept no responsibility for any accident or injury resulting from misuse of or misadventure with the play equipment.

Our playhouses and climbing frames are designed for children and, as a solid craftsman-made structure, will withstand reasonably heavy use. However, Design Create Play Ltd cannot accept responsibility for excessive mistreatment or use of the equipment, or use of the equipment in part or whole for a purpose other than originally intended: these are also likely to shorten the life of the equipment considerably and may invalidate our guarantee.

Our promise to you

Design Create Play Ltd guarantee the workmanship and materials in our play structures for three years, subject to the following conditions or exclusions:

No warranty is given by Design Create Play Ltd for degradation of the product resulting from ordinary wear and tear.

Play parts, including slides, fireman’s poles, swings seats and swing accessories, nets and steering wheels and telescopes are guaranteed for one year.

You must have carried out appropriate maintenance in accordance with our recommendations and made regular (at least weekly) checks for damage through wear and tear and carried out corrective measures.

No warranty is given relating to normal splits and shrinkages in the timber.

Limitation of our liability

Nothing in these terms and conditions excludes or restricts our liability to you in the event of death or personal injury resulting from the negligence of Design Create Play Ltd.

Your statutory rights remain unaffected at all times.

Photography

In commissioning Design Create Play Ltd to construct play equipment, you give your consent (unless specifically withdrawn) to the inclusion and use of photographs of the playhouse construction process and completed product in our portfolio, website or advertising materials on a royalty free and perpetual basis. If the photograph includes children we will request a written release from you before using it.

Governing law

These terms and conditions are governed by English law, and you and Design Create Play Ltd submit to the exclusive jurisdiction of the courts of England and Wales.

Oct 2022