Terms of Business
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: Grafton Lodge 15 Grafton Road, Worthing, West Sussex, BN11 1QP.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.