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Terms & Conditions – Capsule Homes (Big Sur Ltd)

Last Updated: June 2025

1. Compliance with Building Regulations

Ensuring compliance with building regulations is a shared responsibility between the purchaser and the landowner. Big Sur Ltd, trading as Capsule Homes (capsulehomes.ie), is not responsible for verifying compliance with planning or building regulations.

If you are unsure whether your project requires compliance, we strongly recommend that you contact your local Building Control Office for professional guidance and clarification.

2. Delivery

We offer delivery of capsule homes to all locations across Ireland.

Delivery costs vary depending on destination and typically range from €1,500 to €2,000. You may also opt to arrange transportation independently. In such cases, we will ensure the unit is prepared for dispatch and provide your carrier with all necessary documentation and loading

instructions.

2.1 Site Access

You must inform us in advance of any potential access limitations at the delivery location.

Capsules are delivered using a 7.5-tonne flatbed HGV, approximately 8 metres in length and 2.6 metres in width.

The delivery route must be suitable for this size and type of vehicle.

Please also note that capsule homes weigh between 3 and 10 tonnes, depending on the specific model.

Any damage to lawns, flower beds, driveways, or other landscaping features caused by limited access or unfit terrain is the sole responsibility of the customer.

2.2 Presence at Delivery Site

A representative authorised to receive the capsule must be present on-site at the time of delivery.

In cases where additional offloading or crane services are required, arrangements and costs are the customer's responsibility.

If no authorised person is available upon delivery, our team will attempt to contact you.

The delivery driver will wait for up to 20 minutes.

If no contact is made, the driver will leave the site, and a failed delivery charge will apply.

3. Delivery Timing

Estimated delivery timeframes are provided at the point of order and confirmed in the official Order Confirmation document.

We will make every reasonable effort to deliver within the indicated timeframe.

However, delivery is not deemed “of the essence”, meaning delays may occasionally occur due to factors beyond our control.

In such cases, we will inform you in advance and arrange an alternative delivery date.

4. Delivery Damages

If any damage is discovered at the time of delivery, it must be:

Noted on the delivery acceptance form and returned with the driver, or

Reported to us immediately after receipt of the goods.

Claims made after this period may not be accepted.

5. Delivery and Redelivery Charges

If a delivery attempt fails due to customer-related issues (e.g. inaccessible site, no one present, etc.), an invoice for the failed delivery will be issued.

Redelivery will only be arranged once this fee is paid in full.Failed Delivery Charges Based on Order Value:

Order Value Failed Delivery Charge

Up to €1,000 €500

€1,000 to €3,500 €800

Over €3,500 €1,500

If the delivery required the use of special equipment or driver assistance beyond our standard procedure, we reserve the right to invoice the customer for the actual incurred costs plus packaging.

If a redelivery requires alternate logistics or equipment (e.g., a different vehicle, route, or crane setup), the associated costs must also be paid in full prior to redelivery.

Terms Applicable During Promotional Periods

1. Promotional Lead Times and Pricing

If a product is sold as part of a promotion or special offer, the customer agrees to accept delivery of the unit within the specified timeframe indicated at the time of purchase.

If the customer wishes to postpone delivery beyond the agreed production or delivery period (e.g. past the number of weeks confirmed at the time of order), Big Sur Ltd, Capsule

Homes reserves the right to issue an additional invoice based on the current price at the time of actual delivery.

In the event that delivery cannot be fulfilled within the standard lead time due to reasons beyond our control (such as stock shortages or unforeseen logistics delays), we reserve the right to reschedule the delivery. However, in such cases, we will not alter the pricing or issue a revised invoice, even if delivery occurs during the promotional period.

Transfer of Risk and Ownership

2. Risk of Damage or LossRisk of damage to or loss of the capsule shall pass to the customer at the point of actual delivery, or at the point when delivery was attempted but refused or delayed by the customer without justified reason.

3. Transfer of Ownership

Notwithstanding delivery and the passing of risk, title to the capsule and any related goods listed on the invoice shall remain with Big Sur Ltd, Capsule Homes until full payment is received — either by bank transfer or other cleared payment method.

Until payment is made in full, the customer shall not sell, pledge, or transfer the goods to any third party.

If this condition is breached, the entire outstanding amount becomes immediately payable in full to Big Sur Ltd, Capsule Homes without further notice.

Products

4. Product Inspection and Compliance

Upon delivery, the customer must inspect the capsule in person and confirm that all parts and accessories have been delivered as agreed.

Please note that the final delivered product may differ slightly in appearance from online images, as design updates and improvements are made on an ongoing basis.

Installation

5. Installation Terms

All capsules sold by Big Sur Ltd, Capsule Homes are delivered ready for assembly and installation, unless otherwise agreed in advance.

If installation is included or selected as an option, it will be performed at an additional cost by a qualified professional team and in accordance with technical safety and quality standards.

6. Site Preparation – Customer ResponsibilityThe customer must ensure the following prior to installation:

Clear and unobstructed access on all sides of the installation area (no overhanging trees, branches, fences, etc.);

Wide, open, and accessible route for the delivery vehicle and installation crew, without restrictions on height, turning radius, or vehicle weight.

7. Installation Delay Due to Customer

If installation cannot proceed due to customer-related issues (e.g. unprepared site, blocked access, etc.), the capsule may be:

Left on-site for self-installation, or

Postponed until the site is made accessible, with the possibility of rescheduling the installation team.

In either case, Big Sur Ltd, Capsule Homes reserves the right to retain installation call-out fees to cover incurred labour and logistical expenses.

8. Installation with Self-Arranged Delivery

If the customer chooses not to include installation services and instead hires a third-party contractor, installation must not begin until the capsule has been fully received and inspected for completeness.

Big Sur Ltd, Capsule Homes will not be held liable for damages or costs incurred due to:

Incorrect or incomplete third-party installation;

Idle labour or scheduling delays resulting from missing parts that were not identified and reported in advance by the customer.

Pricing

Currency and VAT

All prices are listed in euro (€) and exclusive of VAT, unless otherwise specified.

If VAT or delivery charges are included, this will be clearly indicated on the website or in theissued invoice.

Price Validity

Big Sur Ltd, Capsule Homes reserves the right to update or change prices at any time.

The valid price for any order is the one that is in effect at the time the order is placed.

Additional Delivery Charges

Some remote or restricted areas may incur additional delivery charges.

If our logistics partner issues an extra fee for complex delivery conditions, this will be passed

to the customer, who must settle the amount in advance of shipment.

Price Adjustments Due to External Factors

Big Sur Ltd, Capsule Homes may adjust product pricing due to external circumstances

beyond our control, including but not limited to:

Fluctuations in currency exchange rates,

Changes to taxes, duties, or import/export regulations,

Significant increases in materials, labour, or shipping costs.

If such adjustments occur, the customer will be informed. However, the price recorded at the

time of the original order will remain valid and payable unless otherwise agreed.

Pricing Errors

If a pricing error is discovered and the actual cost of the product is higher than the listed price

at the time of order, the customer will be notified.

At that point, the customer may either:

Agree to the updated price, or

Cancel the order without incurring any cancellation penalties.Payment

Payment Terms

Full payment is required at the time the order is placed, unless otherwise agreed in writing.

All payments must be made in full and cleared funds before the goods are dispatched or the

service begins.

Payment Methods

Payment may be made by bank transfer or another approved method agreed individually

between the customer and Big Sur Ltd, Capsule Homes.

Non-Payment

If the customer fails to make payment by the agreed date, Big Sur Ltd, Capsule Homes

reserves the right to:

Cancel the order, and

Issue written notice of termination of the contract.

Chargebacks

If the customer unjustifiably initiates a chargeback through their bank or payment system,

they must:

Reimburse Big Sur Ltd, Capsule Homes the full amount of the chargeback within 7 days

of written notice,

Compensate all associated costs, including legal fees and collection agency fees.

Chargebacks initiated due to failure to recognise the transaction or forgetting about the order

shall also be deemed unjustified.

Late Payment and Interest Charges

If payment is not received on time, Big Sur Ltd, Capsule Homes is entitled to charge interest

at a rate of 3.99% per annum above the base rate of Permanent TSB.

Interest accrues on a daily basis starting from the payment due date until the date of full

payment.

We also reserve the right to recover all reasonable collection costs, including but not limited

to legal fees and third-party recovery charges.General Liability

We shall not be held responsible for any loss or damage that is not reasonably foreseeable,

including but not limited to:

Damage or deterioration resulting from external events such as:

Natural disasters (storms, floods, etc.),

Negligent use or misuse,

Failure to follow installation or maintenance instructions.

Damage caused by incorrect or unauthorised installation, including:

Unstable foundations,

Defective ground surfaces,

Construction works not carried out by our team.

Deliberate or accidental damage;

Wear and tear due to usage or age.

⚠ Nothing in these terms shall limit or exclude our legal liability in the following

circumstances:

Death or personal injury caused by our negligence,

Fraud or intentional misrepresentation.

We maintain valid insurance coverage, including public liability insurance.

Proof of insurance is available upon request.

❌ We are not liable for loss of profit, business interruption, or missed commercial

opportunities.

🛡 These terms do not affect your statutory consumer rights under Irish law.

For more information, please consult your Citizens Information Centre, CCPC, or local

Trading Standards Office.

Customer’s Responsibilities

The customer is responsible for:

Obtaining all necessary permissions, licences or approvals in advance, including:

Planning permissions,Landlord approvals (if applicable),

Compliance with local building regulations.

Ensuring that access to the site is granted at the agreed delivery or installation time.

Providing, at the customer’s expense:

Electricity,

Water,

Sewer or septic access,

Gas (if applicable) for system connections and completion of installation.

Granting access across neighbouring properties, if required.

Big Sur Ltd, Capsule Homes shall not be liable for delays caused by inaccessible sites.

Covering additional costs resulting from:

Failure to meet our technical requirements,

Errors made by third-party contractors,

Improper or unsafe self-installation.

❌ If the customer fails to meet these responsibilities, we shall not be held liable for resulting

delays or losses, and we reserve the right to recover additional costs, including but not limited

to:

Storage of materials,

Additional site visits,

Idle labour costs.

Force Majeure

Big Sur Ltd, Capsule Homes shall not be liable for the failure to perform any obligation under

these Terms and Conditions if such failure is due to causes beyond our reasonable control,

including but not limited to:

Adverse weather conditions,

Power outages,

Strikes or actions by third parties,

Acts of terrorism or war,

Any unforeseen events or force majeure scenarios.Law and Jurisdiction

These Terms and Conditions and any contractual or non-contractual relationships between the

customer and Big Sur Ltd, trading as Capsule Homes (capsulehomes.ie), are governed by the

laws of the Republic of Ireland.

Any disputes or disagreements arising out of or in connection with these Terms, including but

not limited to any contract between the customer and the company, shall be subject to the

exclusive jurisdiction of the courts of Ireland.

Privacy

Big Sur Ltd, Capsule Homes is fully committed to protecting your personal data in accordance

with the General Data Protection Regulation (GDPR) and applicable Irish data protection

legislation.

🔐 All forms and data entry points on our website are secured with high-level SSL encryption to

ensure the confidentiality and integrity of the information you provide.

For further details, please refer to our Privacy Policy, available on our website.

Complaints

If you have a complaint, concern, or wish to raise an issue regarding our products or services,

please contact us as follows:

📞 Call us at: +353 89 213 6215

📨 Send a formal complaint to: info@capsulehomes.ie

To help us address your issue efficiently, please include the following details in your message:

Your full name,

📍 Your address,

🔢 Your invoice number,

📦 The product or capsule name,

✍ A brief description of the issue.

We aim to respond and resolve complaints promptly and fairly. If you do not receive a reply

within 5 working days, please follow up with a second message marked “For the attention ofthe Customer Service Manager.”

Warranties and Liability

Big Sur Ltd, Capsule Homes guarantees that all products conform to their stated specifications

at the time of delivery.

❗ Warranty Limitations:

The following exclusions apply:

🔹 We are not liable for design modifications made by the manufacturer to comply with safety

regulations or EU standards, provided they do not reduce functionality.

🔹 The warranty does not cover:

Natural wear and tear,

Damage caused by customer negligence, misuse or mishandling,

Failure to follow our installation or usage instructions,

Improper installation or unsuitable foundations,

Unauthorised modifications or repairs.

🔹 Warranty does not apply to third-party components or accessories not manufactured by us.

In such cases, the warranty provided by the original manufacturer will apply.

🔹 Nothing in these terms affects your statutory consumer rights under Irish consumer law.

Force Majeure

Big Sur Ltd, Capsule Homes shall not be liable for any failure to perform its obligations under

this contract if such failure results from events beyond our reasonable control, including but not

limited to:

Natural disasters, fires, or accidents,

Armed conflicts, terrorist acts, or acts of war,

Governmental restrictions or legal prohibitions,

Export/import bans or sanctions,

Strikes, labour disputes, or shipping delays,Power outages or equipment failures.

⚠ Important:

We do not accept liability for third-party expenses (such as contractor fees) incurred in the

following cases:

Delayed delivery,

Incomplete deliveries,

Missing components.

🛠 Please ensure that you have received and verified the full delivery and condition of the

goods before engaging third-party contractors for installation or other services.

Contact Us

Still have questions?

📬 Reach out to us anytime at: info@capsulehomes.ie

We are here to help and are committed to making your purchase experience as smooth and

transparent as possible.

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