| Terms and Conditions of Business |
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PLEASE READ OUR STANDARD TERMS CAREFULLY.
IT IS IMPORANT THAT YOU UNDERSTAND THEM FULLY
1. WHO WE ARE
We (The Kitchen Store (Retail) Limited)) are a limited liability
company registered in England and Wales with Company Registration
Number 05011957 and whose registered office is situated at:
44-46 Old Steine, Brighton East Sussex BN1 1NH.
2. THESE TERMS
These terms apply to all contractual agreements made between
us and you, the customer. We may change these terms from time
to time. Please check them before you make a new purchase.
None of your statutory rights are affected by these terms.
Any order you place with us (“Order”) is subject
to these terms and conditions. You should read them very carefully
as they contain some very important terms.
If you have any questions about any part of these terms or would
require the same in larger print please contact us at the number
quoted on this page.
These terms are standard and non-negotiable. They supersede
all other terms whether oral or written.
Our sales staff will do the best to help, but are not authorised
to do any of the following:
• Make any variations to these terms;
• Make any representation, agree any condition or enter
into any collateral agreement;
• Accept any offer or counter-offer by you.
The Managing Director may from time to time by means of a written
notice to you make alterations to these terms but only in relation
to the individual order in question.
3. QUOTATIONS
All quotations sent to you are contractual offers on our part.
Our Quotations are valid for a period of 30 days. No binding
contract is formed between us until such time as:
• you accept our Quotation by confirming the same by telephone,
email or fax; and
• Payment is received by us by credit /debit card or by
cheque in the form of either the whole price of the Quotation
(the “Price”) or a deposit (the “Deposit”)
amounting to not less than 25% of the Price.
The products and services to be supplied and installed (where
applicable) will be set out in the Quotation. Unless otherwise
stated in the quotation, the installation of any goods supplied
is your responsibility and is not included in the Price.
They are also subject to correction of any errors or omissions
whether on your part or ours.
Note – once a quotation is accepted by you an “Order”
is created and a one-off binding contract between the two of
us (“Contract”) is also created. This does not under
any circumstances constitute a continuing contractual relationship
(whether renewable or otherwise) between us.
Once you have paid the Price and we have discharged our delivery
and performance obligations, the contractual relationship between
us is terminated.
4. DISTANCE SELLING REGULATIONS
Under the Consumer Protection (Distance Selling) Regulations
2000, you may have a right to cancel orders made and may be
entitled to a full Refund. This may not apply to goods which
have been personalised or made to your order, or specification
or which by their nature cannot be returned or reused.
In order to exercise the above right of cancellation you must
ensure that the goods are kept in substantially the same condition
as that when they were received, and wherever, they should be
kept in their original packaging. You must also provide us with
a written notice (which can be by email or fax) (the “Notice”)
within 7 days of receipt of the goods in question – or
in the case the provision of services by us - 7 days from the
date of acceptance of any Quotation with regard to those services
whichever is the later.
Please state in your Notice your order number. During this time
you are under a duty to look after the goods by storing them
until we collect the same free of charge.
In the event that you change your mind and cancel your entire
order, to the extent that such order includes items to which
the above right of cancellation does not apply (i.e. personalised
goods - see above) you may request the return of the same. Please
note we may retain an amount from the Price (see above) to cover
our non-recoverable expenses up to that point for goods to which
you are not entitled to a full refund under the above Distance
Selling Regulations.
5. THE PRICE
An initial Deposit of 25% of the purchase price is payable as
a condition precedent to the forming of a Contract.
6. AVAILABILITY
All items are subject to availability.
We can only guarantee availability whilst stocks last. If the
goods ordered are unavailable, we will contact you with suggestions
of goods of equivalent quality and price.
7. DESCRIPTION
We will use our reasonable endeavours to display as accurately
as possible the colours of our products that appear on our Web
Site and brochures and at our showrooms. However, we cannot
guarantee that the display of any colour will accurately reflect
the colour of the actual product. You should be aware that the
nature of timber is that it does naturally vary and it may not
always be possible to obtain an exact colour match, especially
where orders are not made contemporaneously.
We will do our best to be as accurate as possible in our all
descriptions, however please note that all sizes, weights and
measurements quoted must be treated as approximate.
8. PAYMENT
You can pay for your order by Maestro/Switch Visa, MasterCard,
Delta/Connect or by cheque. We will take all reasonable care
to keep your order details and payment secure, but, unless we
are negligent, we will not be liable for any losses if an unauthorised
third party obtains access to your information.
We will confirm acceptance (or otherwise) of your order as soon
as possible, either by email or by telephone (if your order
is placed over the telephone). A binding agreement arises once
we accept our Quotation and we will then charge your credit/debit
card on acceptance of your order.
We will only despatch the goods upon receipt in cleared funds
of the balance of the Price (i.e. 75% of the Price (the “Balance”).
This will usually be between 1-5 days prior to dispatch.
9. VALUE ADDED TAX
VAT is payable by you at the appropriate rate. All prices quoted
in any of our brochures include VAT unless otherwise stated.
10. LATE PAYMENT
If you withhold more money than the value of any outstanding
work or delay any payments due to us by you, we will apply interest
to the outstanding balance at a rate of 4% above the base rate
of the National Westminster Bank PLC from time to time (or 8%
per annum, whichever is higher).
11. RETENTION OF TITLE
Ownership of all goods sent to you remains ours and will not
pass to you until one of the following events occurs:
(1) We are paid for all of goods and services supplied to you
by us and no other amounts are owed by you to us in respect
of other goods or services supplied to you.
(2) Where Goods are attached to or incorporated in other goods
or are altered by you, ownership of goods shall not pass to
you purely by virtue of the attachment, incorporation or alteration
if the Goods remain identifiable and, where attached to or incorporated
in other goods, can be detached or removed from them.
(3) You must store the Goods separately from any other goods
until one of the following events occurs;
(a) They become your property in accordance with these terms;
(b) They are attached to or incorporated in other goods; or
(c) They are delivered to a third party.
(4) If you are overdue in paying for any goods or services supplied
by us to you we are entitled to recover possession of those
goods and to resell them.
You must allow us entry onto your premises for the purposes
of exercising our rights under this clause. If necessary, you
must allow us to detach or remove goods from any other goods.
This does not affect any other rights you may have.
12. DELIVERY
We only deliver to addresses in Mainland UK.
Our standard delivery times and schedules run from Monday to
Friday 6am to 7pm. Any agreed delivery time outside of these
hours may result in an additional charge being made.
We may also charge an additional fee to be notified to you for
delivery addresses outside a radius of 50 Km from our offices.
This will be listed on the Quotation. If you change delivery
addresses after a quotation has been issued we reserve the right
to charge you a delivery fee if the new address is outside of
the above 50 Km radius.
Time for performance of any obligations under any contract is
not of the essence.
Delivery dates mentioned in any Quotation, Order or other document
are approximate only and not of any contractual effect. We shall
not be liable for any delay in delivery howsoever caused. Late
delivery of the Goods does not entitle you to do any of the
following:
(1) Reject the Goods
(2) Terminate the contract
(3) Withhold payment of any part of the Price.
We will be responsible for any damage to goods sustained during
transit but any damage caused to those goods once delivery has
been accepted by you will be your responsibility.
13. INSTALLATION
We are not responsible for the installation of any Goods ordered
unless otherwise stated in the quotation.
Where we do agree to install any item or appliance you must
check the installation for faults with the installation fitter
and complete a completion certificate supplied by the fitter.
If any further marks or faults are found after the completion
certificate has been signed by you must inform us in writing
within 48 hours. It will be at our discretion to rectify any
faults thereafter.
14. FAULTS/MIS-DELIVERY
In the unlikely event of mis-delivery or faults, we will use
our reasonable endeavour to resolve the complaint as soon as
possible.
For special order terms or units which have to be made, an indication
of the period of delay will be given by the Company.
15 . SURVEY AND DESIGN
If you are ordering a brand new kitchen from us we may carry
out a survey at your premises prior to issuing a Quotation.
We will design and plan the kitchen free of charge.
You are responsible to ensure:
(1) the accuracy of any room dimensions given to us; and
(2) that any goods not supplied by us are suitable for use with
our design.
16. GUARANTEE
Kitchen units are fully guaranteed by the manufacturer. Please
contact us for further details.
17. LIMITATION OF LIABILITY
We shall not be liable for any indirect, incidental, consequential,
loss arising out of the Contract or the performance or use of
any of the goods or services.
The price will be affected by any material changes that you
request or which are agreed provided for herein, even if we
were advised of the possibility of such damages.
The maximum liability of either you or us under any Contract
between us shall be limited to the Price.
After the survey, we reserve the right to make any deviation
from the Quotation which would not materially affect the design
if in our opinion it would facilitate the proper installation
of any goods supplied to you by us.
18. DELAY OR FAILURE TO PERFORM
We shall not be liable to you if we are prevented or delayed
in the performance of our any obligations to you if this is
due to any cause beyond our reasonable control for example but
not limited to:
(1) an act of God, explosion, flood, fire or accident
(2) war or civil disturbance
(3) strikes, industrial action or stoppages of work
(4) any form of government intervention
(5) a third party act or omission
(6) failure by you to give us a correct email or delivery address
or notify us of any change of addresss.
If this happens we shall inform you as soon as is reasonably
practicable and if these circumstances continue for 30 days
either you or we will be free to cancel the contract. If so,
we will give you a full refund of any payment we have received
from you within 30 days of cancellation.
19. WAIVER
No waiver by us of any breach of these conditions shall constitute
a waiver of any other breach. No failure by us to exercise any
remedy shall constitute a waiver of the right subsequently to
exercise that or any other remedy.
20. JURISDICTION AND LAW
Any disputes arising out of these terms and conditions will
be dealt with exclusively by the Courts of England and Wales
and will be exclusively subject to English law only.
Our VAT registration number is 824 5570 26.
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