These terms and conditions apply to all business undertaken between Design Create Play and Design Create Play Limited (Design Create Play is the trading name of Design Create Play Limited, a company registered in England and Wales under company number 5701480 whose registered office is at Maiden Green, Upottery, Honiton, Devon EX14 9QT (“Design Create Play” or “we”) and any prospective or actual customers of Design Create Play (“you”). References to Design Create Play 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 – 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 60 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.
We are VAT registered (GB/854816792) and our prices include VAT at 20% where applicable, unless stated otherwise.
Billing and payment terms
Orders of less than £1000 (excluding delivery costs, if applicable) must be paid for in full at the time of order placement or purchase.
Orders in excess of £1000 require a deposit of 30% at the time of order confirmation; the balance of 70% is due upon notification that the playhouse or play equipment is complete and ready for delivery and installation. Design Create Play 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 you have the right to cancel your order within 7 days from date of ordering.
Delivery and installation
We will give you an anticipated delivery date or window: Design Create Play are a made-to order company – whilst we make every effort to meet or exceed delivery commitments this timing is indicative only.
If you are ordering for a special event please make this clear in advance so that we can attempt to accommodate this.
Site survey, ground preparation
Design Create Play do not carry out site preparation, leveling or clearance work, unless agreed otherwise. We therefore accept no liability for damage to the product resulting from incorrect site preparation; Design Create Play 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.
At Design Create Play 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 therefore insist that the site is cordoned off during installation and that children, pets and eager parents are kept away from the working area. Supervision of children and pets is your responsibility.
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, please contact us in future and we will happily 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 are happy to advise on relocation of playhouses at the existing or new premises. However, Design Create Play do not accept any liability for the playhouse on any other site unless the relocation is carried out by Design Create Play . 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 .
Legal ownership or title to the playhouse structure, (not the copyright and design right) passes from Design Create Play to you upon receipt of full payment in cleared funds.
The playhouses supplied by Design Create Play are CE marked and conform to or exceed the appropriate European toy safety standards (EN71) relating, for example, to finger entrapment, surface finish and radiused corners. Design Create Play also carries full product and public liability insurance policy, a copy of which is available upon request.
Where Design Create Play incur parking fees to enable delivery and installation to take place it is necessary to pass this cost onto the customer and is additional to the agreed delivery and installation cost.
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; £150 per person that is on site.
Use of Design Create Play’s products
We install equipment safely, but Design Create Play 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.
The Design Create Play’s playhouses are designed for children and, as a solid craftsman-made structure, will withstand reasonably heavy use. However, Design Create Play 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 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 for degradation of the product resulting from ordinary wear and tear.
You must have carried out appropriate maintenance in accordance with our recommendations and made regular (at least monthly) 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.
Your statutory rights remain unaffected at all times.
In commissioning Design Create Play 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.
These terms and conditions are governed by English law, and you and Design Create Play submit to the exclusive jurisdiction of the courts of England and Wales.