Terms & Conditions
Kitchens Renew 5 St Heliers Place Barton Preston PR3 5AE
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.
2.1 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.
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.
5.1 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.
6.1 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.
10.1 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 firstname.lastname@example.org 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
§ 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.
13.1 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.
15.1 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.
16.1 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: email@example.com
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.