Terms and Conditions

IMPORTANT – PLEASE READ THESE TERMS AND CONDITIONS OF SALE

WE UNDERSTAND THESE TERMS AND CONDITIONS HAVE BEEN FULLY AGREED TO AND UNDERSTOOD BY YOU WHEN PLACING AN ORDER WITH US EITHER ONLINE, TELEPHONE OR EMAIL.

This website is owned and operated by Breathe Azores Lda in the Azores.

Head Office:
Breathe Azores Lda: Avenida São Miguel, Vila do Porto, 9580-402 Santa Maria, Azores.

Please send all returns to the above address.

Privacy and Your Personal Data
Please ensure you have also read and agree to our Privacy Policy we will ask for your explicit permission to process your personal data, this can, of course, be withdrawn by you at any time.

Consumer Terms and Conditions
The listed terms and conditions shall apply to the sale and supply of garden products by The Company to the entity hereby referred to as ‘The Customer’.

Legal ownership of any goods supplied shall remain vested to ‘The Company’ until such time that full payment of any outstanding order/invoice monies has been received in connection with the sale. DO NOT install or unpack any product until payment is confirmed as received or full written permission has been given by us.

Should the ‘The Customer’ obtain goods prior to full order payment, ‘The Customer’ accepts that ‘The Company’ retains the right to demand and receive immediate settlement of outstanding monies prior to transfer of ownership, or the ‘The Customer’ grants ‘The Company’ unrestricted access to reclaim the goods, at which point an order cancellation process shall be instigated.

The saleable condition of the goods prior to any reclaim is the sole the responsibility of ‘The Customer’

We have a strict Privacy Policy and this can be seen here: Breathe Azores Privacy Policy

Installation and Instructions – IMPORTANT

SELF Installation

Please satisfy yourself that the instructions you receive are enough for you. Example instructions can be sent upon request.  Please satisfy your self that these are adequate for your needs and skill sets.

In the case of log cabins, shepherds huts, gipsy caravans and camping pods and barrels, you agree to read the content of this page BEFORE INSTALLATION.

If you have any doubts, we highly recommend you take advantage of our installation service or that of our recommend self-employed installers.

EMPLOYED Installation

DO NOT arrange fitters until you have received your goods and fully checked they are complete. If you do so this is at your own risk. You agree with this if placing an order with us online, via the phone, post or email.

No responsibility will be held by the ‘company’ for fitters, teams or any personnel booked prior to receipt of goods or that the goods are complete for any purpose.

Please satisfy yourself that the instructions you are likely to receive are enough for your fitter. Example instructions can be sent upon request

In the case of log cabins, you agree to pass on the content and that the fitter is instructed to read the content of this page BEFORE INSTALLATION.

RECOMMENDED Installers

We work with several approved fitters throughout the Azores. We can introduce you to a local installer at which point, your contract for fitting will be direct with the installer, we take no responsibility as to the installers level of work. Prior to an installation team arriving please ensure the following:

  1. A flat completely level base made from concrete or paving slabs, unless otherwise agreed.
  2. Unobstructed accesses for the fitting team from item to sight.
  3. Clear access all around the proposed site, we recommend at least 1.2 meters – 2.0 meters for all log cabins.

We do offer a ‘fully managed service’ if this applies, all guarantees of workmanship and materials apply.

1. Placing an order

You are deemed to have placed an order with us by ordering online via our online checkout process or by placing an order over the telephone or via email/mail. Confirmation of your order will be sent by e-mail. We will send written confirmation via mail on request.

We may not be able to accept your order:

  • Where goods are not available.
  • If there has been a pricing or product description error.
  • Where we cannot obtain authorisation for your payment.
  • Where it is logistically impossible for us to deliver the goods to that location, or where additional service fees apply.
  • When we refuse an order for any other reason at our discretion.

The Company shall notify The Customer should their order not be accepted and inform them of any changes and/or additional charges.

Should the customer accept any revision to their order, the order will be accepted and processed. If declined, The Company will cancel the customer’s order and refund any monies if they have been received.

Should the customer not allow an order to be fulfiled within 4 weeks for whatever reason of the date of order we will assume the order is cancelled and any payments that have been made are refunded in full.

2. Payment

We operate a secure SSL certificate.
Payment is accepted by bank transfer or PayPal.
Purchase Order Payment: Credit accounts are available for Trade customers, against approved references.

In the case of sales made to customers with credit accounts, payment is due in full on the terms of credit agreed which shall not be more than 30 days from the date of the invoice, notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the customer.

Time for payment shall be of the essence and any failure to pay shall entitle us at our option to treat the contract as repudiated by the customer, to delay delivery until paid or appropriate any payment made by the customer to such of the Goods as we may think fit, notwithstanding any purported appropriation by the customer (without prejudice to any other remedy that the Seller may have). Receipts for payment shall be issued only on request.

Please Note we require payment BEFORE delivery is made and is asked for when we arrange delivery with you.

3. Delivery

If stated and displayed, delivery is included in our prices for most areas of The Azores.  Otherwise, delivery will be charged as a separate cost.  Estimated delivery times are shown on the product pages.

ALL DELIVERIES ARE CARRIED OUT BY EXTERNAL HAULIERS OR CARRIERS.

We will try our best to deliver within the estimated delivery times shown on the product pages.

Estimated Delivery lead-times are provided in working days (Monday to Friday, excluding bank holidays)

Estimated delivery lead-times commence from the next working day. During exceptionally busy periods or in remote outlying areas lead times may be exceeded. In such circumstances, we will ensure that customers are kept informed.

If you are having your building installed independently wait until you have been notified of a confirmed and secure delivery date and in possession of the product before booking installation.

Please be aware that occasionally deliveries can be delayed due to circumstance out of our control such as shipping delays, breakdowns, weather, traffic etc.

We will not be held liable for any costs associated with a late or failed delivery out of our control. We suggest that on receipt of goods that you satisfy yourself that the order has been delivered in full prior to commencing or arranging installation.

Deliveries are made weekdays and typically during the hours of 7.00am to 10.00pm. The Company is not able to offer timed deliveries.

The majority of the products offered for sale are flat-packed for ease of handling and delivery and consideration should be given to the size and weight of products prior to ordering.

Deliveries are to your local shipping port only. It is The Customers responsibility to arrange delivery from the port to the chosen delivery location. Any failed or returned deliveries may result in additional charges being passed to The Customer.

Notification of delivery will be made by telephone call/message, email, by the shipping company/carrier or ourselves within a week of delivery.

Any discrepancies with deliveries must be notified to Breathe Azores ASAP by email only.

4. Damaged Goods

All goods supplied are newly constructed for sale and as such are manufactured to match the specifications shown in the product literature with the exception of clause 8 below.

From time to time we do sell ex-display lines, these items are clearly marked as such and this should be taken into consideration prior to ordering.

If the product is damaged or broken on arrival you must make a claim with the shipping company at their port office.  It is imperative that if any part of your order is damaged then photo’s should be taken of the product in situ and take photos of the packaging.

Damage should be reported immediately on delivery via EMAIL ONLY and we must have photographic evidence of the condition of the damaged items, you should not attempt to fit or modify the product in any way and must retain the original packaging.

The company reserves the right to decline any requests should damage or miss-use of the product have occurred upon the customer’s property or during self-assembly.

5. Returns Cancelled Orders

In line with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulation 2013 ‘The Customer’ shall have a period of 14 working days after the date of delivery within which time they may cancel their order for a product with the exception of goods that have been made to The Customers own specification. If the customer is exercising their right to cancel the contract then returns must be made within 14 days.

Cancellations should be sent by EMAIL or by registered post to ‘The Company’ office address, quoting the order reference given when the order was placed.

It is the responsibility of The Customer to retain possession and take reasonable care of the goods until they have been returned to the possession of, The Company or their appointed carriers. We cannot accept back for a full refund any item which has been assembled or modified in any way including the destruction of any packaging. The product must be returned as new and resellable as such.

It is the responsibility of The Customer to meet all product return costs and where The Company is arranging collection the customer will be notified of the return charge prior to undertaking the process.

Reimbursement of cancelled orders monies, less any charges defined above, will be made to the customer as soon as possible and certainly within a period not exceeding 10 days from the date of return.

6. Shortages

All goods should be inspected on delivery and any shortages notified to the carrier immediately and to the company within a reasonable time by EMAIL ONLY or in the case of large items when it is reasonably practicable.

Shortages should be reported by EMAIL to the company.

Upon approved claims, we will forward replacement parts, usually within 5 – 14 working days, subject to stock levels in the Azores. Doors and Windows, and Purlins may take longer.

The Company will not be liable for any costs incurred by the customer should they fail to inspect and satisfy themselves that the product is sound and complete prior to assembly or engagement of fitters.

Glass breakage

All our log cabins are packed very tightly and secure. In the extremely unlikely event that you find a crack in the glass please photograph it while it is in the pallet with the pallet and packaging visible and email it to us so a claim can be made against the shipping company.

Please note the glass is NOT toughened glass and nor is it required to be for garden buildings in the Azores.

7. Installation and Instructions – IMPORTANT

SELF Installation

Please satisfy yourself that the instructions you are likely to receive are enough for you. Example instructions can be sent upon request – Please satisfy yourself that these are adequate for your needs and skill sets.

EMPLOYED Installation

DO NOT arrange fitters until you have received your goods and fully checked they are complete. If you do so this is at your own risk. You agree with this if placing an order with us online, via the phone, post or email.

No responsibility will be held by the ‘company’ for fitters, teams or any personnel booked prior to receipt of goods or that the goods are complete for any purpose.

Please satisfy yourself that the instructions you are likely to receive are enough for your fitter and his skill set. Example instructions can be sent upon request

In the case of log cabins, you agree to pass on the content and that the fitter is instructed to read the content of this page BEFORE INSTALLATION

RECOMMENDED Installers

We work with several approved fitters throughout the Azores. We will introduce you and your contract for fitting will be direct with the fitter, we take no responsibility as to the fitters level of work. Prior to an installation team arriving please consider the following:

a. A flat completely level base made from concrete or paving slabs, unless otherwise agreed.
b. Unobstructed accesses for the fitting team from item to sight.
c. Clear access all around the proposed site, we recommend at least 1.2 meters – 2.0 meters for all log cabins.

We do offer a ‘fully managed service’ if this applies all guarantees of workmanship, materials and product will apply and full liability is accepted.

8. Dimensions, Specification and Accuracy

Whilst we endeavour to give customers every possible means of making an informed decision including brochures, website content and our customer service, it is not always possible to give every exact specification or dimension found on a building or product and on occasion we may amend the specification of the products without our prior notification.

Please note pictures we use are a representation of the product. Other pictures are of customers products and may feature additional customisations carried out by the customer.

If you are at all concerned as regards a product specification, dimensions, suitability or quality then please contact us to clarify your concerns.

Our website does detail ‘plans’ and ‘manufacturing drawings’ of our products on some product pages. We try to keep these accurate and updated and are there for guidance only.

However, it is NOT always possible to keep these fully updated and these cannot wholly be relied upon as the sole basis of information as regard suitability.

If the plan and very exact dimensions are of highly critical importance to your order such as for a precise base, exact window dimensions to with 1cm, heights, installation etc then please ask us for the VERY latest version to ensure complete accuracy of the product and any amendments to the specification that may be in force.

ALWAYS follow the plans sent with the product and contact us with any concerns you have if variances arise before installation. NEVER cut timber without our explicit permission.

FREE OFFERS: Occasionally we offer items free with various products. These are subject to availability and can be changed/withdrawn at any point. Free roofing shingles Offer is dependant on stock availability on the day of dispatch and can change at any point. If colour or style is paramount we advise our customers to purchase the ones required. Please see our Free Shingles offer page for more details.

Building Regulations

None of our buildings, structures or products complies with building regulations as standard. To comply with building standards other elements will need to be added such as fire-proofing, insulation, safety glass and foundations. Please contact your building control office for the requirements needed to meet building regulations.

Planning Permission

Please always check with your local planning office for any rules in your area and make yourself aware of the regulations pertaining to your purchase.

NO responsibility is accepted for non-compliance with building regulations or planning requirements pertaining to your situation – Please ensure you have thoroughly checked these requirements if pertinent to you.

9. Complaint

In the event of any complaint or grievance, ‘The Customer’ is to in the first instance make contact via EMAIL or LETTER stating their order reference and the nature of their complaint.

Complaints and Grievances will ONLY be managed by written correspondence via EMAIL.

We do not and will not deal with complaints via phone calls alone.
We will only respond to complaints when written. All phone calls will not be actioned until a written complaint is sent. This is to ensure a very high service and for a complete record to be kept of the exact nature of the complaint and the subsequent steps to resolve it.

All communication once deemed a ‘complaint’ by either the customer or company is via email or letter ONLY and substantiated by pictures when requested by the ‘company’ including unique numbers and evidence of damage if applicable during transportation only.

We ask that any request for pictures is honoured and sent as asked in a large format (Not resized)

All communications of this nature will receive a response outlining ‘The Company’s’ position and a course of action within 24 hours of a complaint being received during normal working hours and within 48 hours when out of normal working hours.

Should action be required by ‘The Company’ to redeem a matter this shall be undertaken with speed as the essence. It is the intention of ‘The Company’ to resolve any dispute amicably and to the satisfaction of ‘The Customer’ at the earliest opportunity.

If it is not possible to resolve via email, co-operation and following our advice we will attend site to inspect the issues. Please note though if the problem lies with incorrect installation there is a €400 charge for the visit.

10. Anti Rot Guarantee

To receive the full five-year guarantee it is necessary that you treat the products with our preservatives or treatment recommended by us. This guarantee covers fungal and mould attack. It does not cover warping, cracking or movement over time. The guarantee is valid if:

  • The building has been built on a firm and level base
  • Installed as per our instructions
  • Has not been customised in any way
  • The building has had immediate treatment and it is repeated every 12 months and achieving a depth of coverage of 80 – 120 microns
  • The building has not been touching any wall, tree or bush nor within a ‘wet spot’

11. Timber Information

When placing an order you understand the inherent properties of timber which will affect your timber product to a lesser or greater degree:

Please also see this article for information on Cracks and Splits that can affect our gazebos and outdoor play equipment which you understand: https://breatheazores.com/splitting-and-cracking-in-wood/

We also accept you understand the properties of pressure treated timber.

Properties of timber:

Wood is a natural material with excellent characteristics, such as:

  • Sturdiness
  • Elasticity
  • Noise reduction
  • Easily manageable
  • Natural character

Being natural material, wood also the following characteristics:

  • Swelling and shrinking / crack forming
  • Resins
  • Marrow
  • Gnarls and grains
  • Ruggedness of areas and edges
  • Formation of salts
  • Pinholes
  • Fungi and blue moulds

Swelling and shrinking / crack forming:

Since wood can swell and shrink as a natural product, the dimensions listed in the catalogue and product pages can show small deviations.

The air humidity influences the volume of wood. This makes wood swell and shrink. We call this “warping” of wood. Please see this article for more details: https://breatheazores.com/splitting-and-cracking-in-wood/

Resins:
The product can spill resin after finishing, especially in the first year. Resins get brittle quickly on the surface of wood. It will fall off spontaneously or can be removed with a plane.

Marrow:
In the stem centre, you will find marrow. This is the nutritional canal of a tree. It is sometimes confused with wood rot.

Gnarls and grains:
These are characteristic of wood and will give each piece of wood its own character.

The ruggedness of areas and edges:
Due to its specific structure, rugged areas or edged may always remain, in spite of planning or milling carefully.

Formation of salts:
With impregnated wood, it may seem as if salts are formed on the surface of the wood. It is actually resin that colours yellow/green due to the impregnation. These stains will vanish in time.

Pinholes:
These are produced by small xylophagous insects. These insects were killed while processing the stem into the end product. It has nothing to do with woodworms.

Fungi and blue moulds:
Wood impregnated by boiler pressure induction will become very humid while being processed. As a result, the wood can be affected by mildew and fungi, especially during the warm seasons. These visual imperfections of the product will vanish or can otherwise easily be removed by hand. Fungi do not affect the quality or strength of the wood.