Terms & Conditions
Kitchens Renew 5 St Heliers Place Barton Preston PR3
5AE
TERMS AND
CONDITIONS OF
.
1. DEFINITIONS
AND INTERPRETATIONS
1.1 In these terms and conditions:
Reference to “we” and “us” is a reference to Kitchens
Renew.
Reference to “you” is a reference to the purchaser
of the Goods from us.
“Contract” means
the contract between us for the sale and purchase of the Goods which
incorporates these Terms.
“Goods” means
the Solid Oak & MDF Kitchen Doors
and other items purchased by you from us.
“Terms” means
these terms and conditions.
1.2 These Terms are the only terms and
conditions on which we contract for the sale of Goods and they form an integral
part of the Contract between us. If we
agree to vary any of the terms, the variation must be in writing confirmed by
our duly authorised representative and by you.
2. PRICE
2.1 The price of Goods quoted on our website includes
VAT (Value Added Tax). Where VAT is not
included in the price, it will be added and payable by you at the appropriate
rate.
2.2 The cost of packaging and postage/carriage
is shown separately and (in the case of special or overseas orders) will be
quoted by us on request and payable separately from the price of the Goods.
2.3 All published prices are subject to
change at any time without notice.
3. ORDERING
GOODS ONLINE
3.1 You confirm to us that all information
which you are required to provide when ordering Goods online is accurate and
complete in all respects at the time of the order and that this information
relates to you/the person placing the order and not to any third party.
3.2 When an order is made online, the order
confirmation issued by the company clearing the credit/debit card payment does
not constitute acceptance of your order by us. We reserve the right to check any
discrepancies and an order will be confirmed as soon as reasonably practicable
and in any event before delivery of the Goods.
3.3 Any error in any ordering process due to
technical or other reasons beyond our control entitles us not to treat the
order as being binding on us.
3.4 We cannot be held responsible for incorrect
ordering. Any goods purchased as Made to Measure cannot be returned.
3.5 Under no circumstances will we accept
drilled items for return.
3.6 If you require urgent items to complete a
job, we can make these on a 5 day fast track production lead time including
spraying. (This time excludes delivery) The charge for this fast track service
is £50 plus delivery charge.
4. PRIVACY
If you place an order, you will have
to provide personal information to us. We
will not disclose that information to any third party without your consent,
except for the purpose of processing the order and arranging delivery.
5. PAYMENT
5.1 All payment for Goods and for the cost of
packaging and delivery must be made before the Goods are delivered.
5.2 Payment online will be made by credit or
debit card. At our discretion, we may
accept payment by cheque or other means. In all cases, delivery will not occur until we
are satisfied that the payment has been made. In the case of a payment by cheque, this will
be after the cheque has been cleared.
6. DELIVERY
6.1 Consignments despatched other than that
by our own transport will be subject to Carriage / Postage and Packing charges
unless order value qualifies for Carriage Paid. All orders over £500 net value
will be delivered free. Orders less £500 net value will be subject to a 15%
delivery charge (Min £25).
6.2 We will give you an estimated delivery
date for the Goods. No times or dates provided by us are guaranteed but, unless
otherwise agreed, we will deliver Goods within 30 days from the date we confirm
acceptance of your order.
We will arrange for packing and we will decide on the method of delivery either
by post, courier or otherwise. Orders remain binding and valid notwithstanding
delays in delivery. Kitchens Renew will not be liable for any delay in delivery
or failure to deliver due to any cause beyond the Company’s reasonable control.
6.3 You must notify us promptly and in any
event within 48 hours or receipt of any Goods if they appear to be damaged in
transit. In those circumstances, you
must also keep all packaging as this may be required when making a claim.
6.4 On receipt of the goods please inspect
the outer package and visible signs of tears, scuffs or corner damage. If there
is any suggestion that there may be damage to the goods within, then the
carriers docket MUST be signed as DAMAGED.
6.5 2 -3 weeks lead time for Bespoke spraying
plus 3- 4 days delivery time.
6.6 Please inspect the goods within 3 days
and inform Kitchens Renew of any queries. We can take appropriate action and
advise accordingly
7. COLOUR
MATCHING
7.1 Kitchens Renew will not be held responsible
for slight discrepancy in the colour match. Kitchens Renew will accurately colour
match to all paint manufacturers in an Acid Catalyst Lacquer Semi Matt Finish (Satin).
7.2 Kitchens Renew will NOT spray the manufacturers
paint product chosen by the customer.
7.3 Kitchens Renew will colour match either
by wet sample or product name.
8. RISK
AND OWNERSHIP
8.1 The risk of loss or damage to Goods
passes to you when you actually receive the Goods (or when they are received by
some third party that you identified to take possession of the Goods). If you have agreed to arrange collection collect
the Goods from us, the risk in those Goods passes to you on collection by you
or your carrier.
8.2 Ownership in all Goods remains with us
until full payment of all amounts due to us has been received from you.
8.3 You will be responsible for the safe
custody and insurance of all Goods in your possession.
8.4 You have no right to re-sell any Goods
until payment has been received in full by us.
9. WARRANTIES
AND LIABILITY
9.1 We warrant to you that the Goods ordered
by you will meet the description as shown on our website (or any other
description given to you in writing).
9.2 We will not have any responsibility for
any damage which occurs to the Goods after you receive them.
9.3 If any defect in any Goods appear within
[6 months] of delivery, you must notify
us as soon as you become aware of the defect, giving us full details. We will then decide, in consultation with you,
whether the defect is our responsibility. If so, we may arrange either to repair the defective
Goods or to replace them with similar Goods. Any defective Goods to be returned to us must
be returned at your expense.
9.4 We will not accept any responsibility for
any wear and tear, accidental damage, expansion of joints in the timber due to
moisture content in the air, or failure by you or by any third party to adhere
to any written recommendation provided in relation to the Goods.
9.5 Liability to you for loss or damage shall
under no circumstances exceed the total amount you have paid us for those Goods.
(However, we acknowledge that we cannot exclude legal liability for death or
personal injury which is proved to be due to our negligence).
9.6 We are not responsible for change of
colour of timber or paint change due to the exposure of natural light. This
should be considered when ordering additional items once the kitchen as been
fitted (example 12 months). Although we aim to maintain consistency we cannot
guarantee an exact colour match between orders.
10. NOTICES
10.1 If you wish to give us any notice relating
to a matter covered by these Terms, whether you telephone us or not, you must confirm
that notice in writing. In the case of
email notices, these are to be sent to info@kitchensrenew.co.uk and you must send them so as to return
an acknowledgement of receipt. Notice
may be sent by first class post to 5 St. Heliers Place Barton Preston
Lancashire.
11. CUSTOMER
DEFAULT
If you:
§
give
us any incorrect personal information, or
§
fail
to make any payment when it is due, or
§
cancel
any payment, or
§
become
insolvent, or
§
commit
any breach of these Terms
Then, in any of those events, we
have the right to cancel the Contract and recover possession of any Goods which
have been supplied for which payment has not been received in full.
12. FORCE
MAJEURE
We will not have any liability to
you if we are prevented from performing any of our obligations on account of any
circumstances beyond our reasonable control including, but not limited to, fire,
flood, act of nature, terrorism, war, internet disruption, power failure, strike
or difficulty in obtaining materials and/or labour. In any of these circumstances we reserve the
right to cancel (or, at our option, to suspend) the Contract.
13. GENERAL
13.1 Severance:
If any provision in these Terms is held by a court to be unenforceable, that
will not affect the remaining provisions of the Terms.
13.2 Entire
Agreement: These Terms govern our relationship with you and in accepting them;
you confirm that no other arrangement, agreement or representation applies.
13.3 Assignment:
We reserve the right to assign any of our rights or obligations under the Contract
to a third party on the basis that the existing contractual terms will become
the responsibility of that third party. You
will not be able to assign any of your rights or obligations without first
getting our written consent.
14. INTELLECTUAL
PROPERTY
Where the Goods
include designs or works of art, these are prepared by a designer or artist who
owns the copyright in those works. You
have no right to make any copies or adaptations of any of those Goods.
15. DISPUTES
15.1 If there is a dispute which we cannot
settle by direct negotiation, we may require that it is referred to mediation before
any legal proceedings are commenced. In
that event, the mediation will be conducted in accordance with the CEDR (Centre
for Effective Dispute Resolution) mediation rules current at the date of the dispute.
.
15.2 Any dispute between us will be finally
determined by the English courts and you agree to submit to the jurisdiction of
those courts.
16. CANCELLATION
16.1 The Buyer has no right to cancel any order
once it has been accepted by the Seller. The Seller may at its discretion
accept the cancellation of any order providing the Seller is by the Buyer in
respect of all costs and expenses incurred by the Seller prior to the
cancellation being accepted but in no circumstances is the Seller obligated to
accept any cancellation.
16.2 To exercise the right to cancel, you must
inform us of your decision to cancel this contract by a clear statement, e.g. a
letter sent by post, fax or e-mail to the following address:
5 St Heliers Place Barton Preston Lancashire PR3 5AE. Email:
info@kitchensrenew.co.uk
16.3 You must communicate your decision to cancel
the Contract to us before the cancellation period has expired.
16.4 You must take reasonable care of all Goods
in your possession and return them to us, at your expense, appropriately
packaged to avoid damage, within 14 days following the cancellation date.
16.5 If you cancel this Contract, we will refund
all payments received from you. This will include the reasonable cost of
delivery, if you paid for this. We may
make a deduction from the refund for loss in value of any Goods supplied, if
the loss is the result of unnecessary handling by you.
16.6 We will make the refund without undue
delay, and not later than (a) 14 days after the day we receive back from you
the Goods supplied, or (b) (if earlier) 14 days after the day you provide
evidence that you have returned the Goods, or (c) if there were no Goods
supplied, 14 days after the day on which we are informed about your decision to
cancel this contract.