Terms and Conditions of Use of Kitchenwarehouse UK LTD
1. BASIS AND TERMS OF TRADING
1.1 These conditions are personal to the Customer and may not be assigned without prior consent to the Company. They shall apply to all contracts for the sale of goods and/ or the supply of services by Kitchen Warehouse UK Ltd. ('the Company') and to you, (the Customer) and shall override any terms or conditions stipulated or referred to by the Customer whether orally or in writing unless expressly set out herein and accepted by the Company in writing.
1.2 No variation of these conditions shall be binding unless agreed in writing and signed by the Company's authorised representative. This document contains the entire terms and conditions of the agreement between us unless otherwise stated as outlined in 1.1.
1.3 For the purposes of the calculation in time periods set out in this agreement, time shall run from the date on which goods and/ or services are supplied and/or delivered, in the case of goods, whether a delivery not has been signed or not.
2.1 All prices are guaranteed for 30 days only or until earlier acceptance by the Customer after which time they may be altered by the Company giving notice to the Customer. The Company reserves the right, by giving notice to the Customer at any point before delivery, to increase the price of the goods to reflect an increase of the costs of the Company which is due to any factor beyond the control of the Company. The Customer has the right to terminate the contract in writing prior to delivery if they no longer wish to proceed with the order. In absence of a written confirmation to cancel, goods delivered by the Company are deemed to be accepted by the Customer at the price shown on the invoice.
2.2 VAT will be calculated on the contract at the rate in force at the time of order. In the event of a change in VAT, whether it be up or down, the Company will be required by H.M Customs and Excise (VAT Dept.) to alter the rate to that which rules apply on the date of installation.
2.3 Discounts or special orders advertised through the website, facebook or any social media will only be applicible to orders on the website. No discount codes are available in store.
2.4 Free Delivery is for UK Mainland only. Any other areas may incur an additional delivery charge based on your postcode.
3. PAYMENT TERMS
3.1 Unless the Customer has an approved credit account with the Company, all goods must be paid for prior to collection or on delivery by means stated by the Company.
3.2 If the Customer has a credit account facility, the Company shall invoice the Customer for the price of the goods on or at any time after collection/ delivery of the goods and the Customer shall pay the price of the goods without any deductions within one calendar month from the last day of the one which they were supplied.
3.3 The Customer may not withhold payment of any invoice or any other amount that may be due to the Company by reason of any right of, set off or counterclaim which the Customer may have, or believe they have or for any other reason.
3.4 All units, appliances, accessories and other material and components supplied remain the sole property of the Company until the balance is paid in full.
3.5 Where the Customer is to obtain a private loan i.e. building society further advance or bank loan, etc. the Customer should make their own arrangement for the final balance to be paid on the due date. Failure to comply with payment of the balance on the due date will invalidate the guarantee and entitle the Company to charge interest on the balance outstanding at the rate of 5% compound interest above bank base rate.
3.6 If the Customer fails to make the payment by the due date, the Company has the right to suspend any further deliveries to the Customer and recall any materials, including appliances that have not yet been fitted.
3.7 The Customer must adhere at all time to the companies payment schedule which is as follows;
a. For Supply only, 50% on order, 50% on Delivery. For Supply and Fitting, 50% on order, 30% on Delivery, 20% on Fitting, For Website Purchases, 100% on completion of order
3.8 For Customer paying by credit card a 3% surcharge will be added to the final invoice amount.
4.1 The Company cannot accept liability for any additional costs resulting from alterations instigated by the Customer after the date of this Contract unless notified to the Company prior to manufacture of the furniture and accepted by the Company in writing
4.2 The company accepts no liability for the customers change in preference. A plan that has been agreed by the customer will be carried out by the subcontractors unless altered in writing by the customer. If the customer does not like the finished product/ design, the Company will not be held financially responsible for amending the design at the request of the customer and the cost of any additional labour or materials will remain the responsibility of the customer.
4.3 The customer cannot accept liability for any mess or disruption caused in other areas of the property where the works are being carried out. The company will not be responsible for providing cleaners to clean up dust or debris that settle after the works have been completed , nor will the customer deduct monies for any mess created as a result of the works. The subcontractors will, of course, attempt to leave the area as clean and tidy as possible.
4.4 Time is not the essence of the contract and the Company will not be liable in damages or otherwise for any delay in carrying out the installation and the Customer shall have no claim or recourse against the Company in respect of any inconvenience, damage or consequential loss of any kind whatsoever arising from such a delay.
4.5 The Customer shall give access to the premises where installation shall take place to the duly authorised agents or servants of the Company at all reasonable times.
4.6 The Company cannot accept liability for damage occurring to concealed electric cables, conduits or pipework which are neither visible nor clearly marked.
4.7 The Company cannot accept liability for making good the defects in masonry, plaster, wall covering, floor covering, woodwork and ceilings revealed or created by the removal of existing units, partitions, wallboards, tiles and or other or appliances unless prior agreement between the Company and Customer is made in writing before commencement of works, or additional services are being provided concerning the above in the 'Product Plan and Schedule'.
4.8 It is the Customers responsibility to ensure that a supply point for each of the required services of gas, water and electricity is available within the room of the installation and that the supply point conforms to the necessary standards and regulations.
4.9 The Customer shall accept responsibility for all materials left on site and part complete installations and shall be liable to the Company for any theft or accident, malicious or negligible damage thereto and the Customer shall ensure the provision of adequate insurance to cover any loss or damage caused thereby.
4.10 The Company shall be at liberty upon the completion of the manufacture of the goods to the Customer's specifications to serve notice upon the Customer of its readiness to install the same and in the event of the Customer not giving access to the Company to the site for the purpose of effecting such installation within the period of twelve weeks from the service of such notice, the Customer shall thereupon be indebted to the Company in respect of the outstanding balance of the purchase price and shall pay the Company on demand.
4.11 Upon the expiry of the said period of twelve weeks, the Company shall be at liberty to increase the price payable for the goods and the installation thereof to the Company's standard price prevailing at the date of the completion of the installation.
5. RETENTION OF TITLE
5.1 Goods supplied by the Company shall be held at the Customer's risk immediately on delivery to the Customer or into custody on the Customer's behalf and therefore should be insured accordingly. Property in goods supplied hereunder will pass to a Customer when the balance is paid in full and shall not pass on upon delivery or collection. Until payment in full has been received by the Company, the Customer shall hold goods in a fiduciary capacity for the Company in a manner which enables them to be identified as the goods of the Company and the Customer shall immediately return the goods on request.
5.2 The Customer's right to possession of the goods shall cease in the event of the Customer becoming insolvent, bankrupt or the subject of administration, or if circumstances arise which would entitle any person to petition for the Customers winding or bankruptcy, or if any Statutory Notice is served upon the Customer, or if the Customer makes any arrangement with its creditors which is in the alternative to being made insolvent or bankrupt.
5.3 The Customer grants the Company an irrevocable license to enter at any time any vehicles or premises owned or occupied by the Customer or in its possession for the purpose of repossession and removing of any such goods in which has remained in the Company under paragraph 5.1 hereof. The Company shall not be responsible for and the Customer will indemnify the Company against liability in respect of damage caused to such vehicles or premises in such repossession and removal being damage it was not reasonably practical to avoid.
5.4 The Customer must ensure that if the goods are or become fixed to any land or building they shall be capable of being removed without material injury to such land or building and to take all the necessary steps to prevent title to the goods from passing to the landlord of such a building. The Customer warrants to report and make good any damage caused by the affixation of the goods to or their removal from any other land or building and to indemnify the Company against all loss damage or liability it may incur or sustain as a result of such affixation or removal.
6. DELIVERY AND STORAGE OF GOODS
6.1 If the Customer does not take or accept delivery of goods or gives inadequate delivery instructions, (other than for reasons beyond the Customers control) the Company may store the goods until actual delivery and claim the reasonable charges, (including insurance) of storage or sell the goods at the best price readily available and charge for the shortfall below the price under the contract. If the goods are taken back to the depot, the Company reserves the right to charge extra delivery costs including the wage(s) of the driver(s) payable in full upon the Companies' request.
6.2 For so long as the retention of title clause applies, the Customer shall store and keeps the goods properly and in accordance with the instructions of the manufacturer and shall in any event keep all goods in a dry place, stacked flat, raised from the ground and properly protected from the weather and kept separate and distinct from the goods and products of any other supplier.
6.3 The quality, range and colour choice ordered by the Customer will correspond to the samples demonstrated by the Company's representative but the Company continually endeavours to improve and develop lines wherever possible and accordingly and reserves the right to incorporate such reasonable changes in the specification of the products. All drawings and illustrations in the Company's brochure and other sales literature are intended as a guide only and shall not form any part of the contract.
6.4 Flat packed items and all internet orders will be delivered using an external courier company. These orders will be a kerbside delivery and the customer will need to make adequate and safe provisions for the order to be distributed from the kerbside and into the property. The company will, where possible advise you of a delivery time, but accept no responsibility for any costs incurred if the delivery company fail to provide their service in the suggested time scale.
6.5 Before any flat pack or rigid delivery is dispatched we will call the customer to confirm that someone will be at the property to accept delivery the specified day. We will not dispatch any order without confirmation that there will be someone at the property to receive delivery. If confirmation has been given and there is no body to accept delivery when the pallet arrives, there will be a redelivery charge of £100.
7. CLAIM FOR DEFECT
7.1 The Customer shall inspect the goods on delivery and shall within two working days notify the Company in writing of any alleged defect, shortage in quantity, damage, or failure to comply with description or sample (as in compliance with clause 6.3). Insofar as is reasonably practical, inspection of goods shall be done without the removal of original packaging. If the Customer fails to comply with these provisions, the goods shall be presumed to be in accordance with the contract and free from any defect or damage which will be apparent on reasonable inspection of the goods and the Customer shall be deemed to have accepted them.
7.2 Due to many of the Company's products being made from natural products, no warranty can be given that they will be the same in all material respects as any sample and they are therefore subject to variation of shade, colour and texture.
8. WARRANTY/SPECIFICATION AND FITNESS FOR PURPOSE
8.1 Goods are sold with the benefit of such guarantee as the Company may specify from time to time. Such goods and the installation thereof shall be guaranteed as from the data of installation. All appliances are excluded from the guarantee and will be subject to the appropriate manufacturers guarantee and after sales service. All guarantees shall be void if the full price is not paid by the due date. Guarantees are not transferable.
8.2 The companies' obligations under warranty are limited to repair or replacement on an exchange basis or refunding the cost of the goods or those parts of the goods which are defective. The Company does NOT give a warranty in respect of goods or services supplied by any external Company and if needed those details will be passed to the Customer should a problem or defective material arise.
8.3 The Company gives no warranty that the goods are fit for any particular individual purpose, although does warrant that they are fit for the general purpose which is obvious from the very nature of the goods themselves.
8.4 The Company shall be under no liability in respect of any defect in the goods arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, extreme weather conditions, failing to follow the instructions, misuse or alteration or repair the goods, failing to store the goods in appropriate conditions or breaches of the provisions hereof.
8.5 For the period of this warranty, the Customer agrees to store and keep the goods properly and in accordance with the instructions of the manufacturer, keep all goods in a dry place, stacked flat, raised from ground and properly protected from weather; without limitation, all un primed wood must be knotted and primed immediately after delivery and receive further coats of paint where necessary within a reasonable time frame. The Company does not accept liability for any swelling due to the presence of excessive moisture, warping due to extreme temperature change, or other neglect or to any failure to store or use supplied as directed by the manufacturer of the Company.
8.6 From time to time the Company reserves the right to discontinue certain ranges and/ or products without notice. The company does not guarantee time periods on any particular range and cannot guarantee replacements or additions to an existing range will be possible.
9.1 The Customer has the right to return any unwanted goods to the Company for a refund or exchange so long as this return is within 30 days of receipt of goods. The items must be in their original packaging and un-used/damaged & in a re saleable condition. These products will be subject to a restocking fee of 25% and all postage costs will remain the responsibility of the Customer. It is the responsibility of the Customer to ensure that adequate postage and insurance is paid on the goods and the goods will remain the responsibility of the Customer until signed for by a representative of the Company once delivered safely and proven non defective.
9.2 Damaged items that have been returned from the customer will be rejected by the Company and the responsibility of the goods will still remain with the customer.
9.3 Certain goods will be exempt from distance selling regulations and the usual returns policy. Any item that is deemed made to measure or made to order will be non- returnable as per the distance and online selling guidelines.
9.4 All units, painted or acrylic doors or complete units are a made to measure/ order product and are exempt from the returns policy.
9.5 Any door that has been drilled for hinges will be considered made to measure and therefore will become exempt from the returns policy unless the product has a manufacturers defect.
10. LIMITATION OF LIABILITY
10.1 The company shall not be liable for any indirect or consequential loss or damage arising of or in connection with this agreement or its subject matter even if the company had notice of the possibility of such loss.
10.2 The company shall not be liable for any loss of business, loss of profits, loss of anticipated savings, loss of reputation, loss of goodwill or business interruption or increase in bad debt arising out of or in connection with this agreement or its subject matter, even if the company had notice of the possibility of such loss. The Company’s entire liability in respect of all claims arising out of or in connection with this agreement or its subject matter in any way shall not exceed an amount equal to the sums received by or (2) due to the company from the client under this agreement.
10.3 Notwithstanding any other term of this agreement the company does not limit or exclude liability for death or personal injury arising from its negligence.
10.4 Except as expressly provided in this agreement, all conditions, warranties or terms of equivalent effect whether express or implied (by stature or otherwise) are excluded from the fullest extent permitted by law.
10.5 For the purposes of this clause (10) the term the company includes its independent sub-contractors and suppliers.
If the Customer fails to perform any of their contractual obligations hereunder; fail to make a payment on time, commit to any act of bankruptcy or a receiver is appointed over its business undertaking or assets or has entered into liquidation whether compulsory or voluntary, exceed their credit limit or the Company has any reason to doubt the Customers solvency, then the Company shall be entitled, without notice and without prejudice, to suspend or cancel the further performance of this contract and if the goods have been delivered, but not paid for, the price will become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
11.1 We reserve the right to cancel any order for any reason. Possible reasons for cancellation include, but are not limited to the following:
11.2 Potentially fraudulent order. Before shipping orders, we run a check to make sure they are legitimate. If the check fails, we may cancel your order.
11.3 Incorrect pricing. Due to the sometimes volatile market for our products, sometimes there are major fluctuations in price. Therefore, we reserve the right to remove any item from any order and provide a full refund to the customer for that item.
11.4 Non-Payment. If payment is not received within a reasonable amount of time (currently 30 days) after the order has been placed, we may cancel an order without notice.