Your use of and purchase of goods from this website is subject to the following terms and conditions:-
1.1 The definitions and rules of interpretation in this condition apply to these terms and conditions.
You/Your: the person, firm or company who purchases the Goods from Us. Our/We/Us: The Kitchens and Furniture Workshop. Contract: any contract between the Us and You, the Buyer, for the sale and purchase of the Goods, incorporating these terms and conditions. Goods: any goods agreed in the Contract to be supplied to You by Us (including any part or parts of them). Carcasses: any kitchen unit carcass custom made and supplied to Your specific measurements or specification. Website: The website address www.kitchensandfurnitureworkshop.co.uk A reference to a law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.2 Words in the singular include the plural and in the plural include the singular.A reference to one gender includes a reference to the other gender.Condition headings do not affect the interpretation of these terms and conditions.
1.3 A reference to one gender includes a reference to the other gender.
1.4 Condition headings do not affect the interpretation of these terms and conditions.
2. USE OF THE WEBSITE
2.2 We are providing this Website on an ‘as is’ basis and make no representations or warranties of any kind with respect to this Website or any recommended website or its or their contents and disclaim all such representations and warranties. In addition We make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this Website or in any recommended Website. The information contained in this Website may contain technical inaccuracies or typographical errors. All liability of Us howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
2.3 When You use or view websites which are recommended by Us and/or which are linked to this Website You are dealing with the proprietors of those websites and You are subject to their terms and conditions. We accept no liability whatsoever relating to the contents of those websites and Your use of them.
2.4 Neither We nor any of Our directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this Website or any recommended website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
2.5 Notwithstanding the foregoing, none of the exclusions and limitations in this condition are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit Our liability to You for death or personal injury resulting from Our negligence or that of Our employees or agents.
2.6 This Website is targeted at United Kingdom residents only who are over the age of 18. If You are not a resident of the United Kingdom or are not aged 18 years or over DO NOT USE THIS WEBSITE. In providing Your place of residence and delivery address, You are representing to Us that You are a resident of the United Kingdom. This is a representation on which We rely prior to accepting Your offer to purchase Our Goods.
3. THE CONTRACT BETWEEN US
3.1 We must receive payment of the whole of the price for the Goods that You order before Your order can be accepted. Once payment has been received by Us We will confirm that Your order has been accepted by sending an email to You at the email address You provide at the time You make Your order. Our acceptance of Your order brings into existence a legally binding contract between us. These conditions apply to all of Our sales and any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by R Stuart of Us.
3.2 Each order or acceptance of a quotation for Goods by You from Us shall be deemed to be an offer by You to buy Goods subject to these terms and conditions.
3.3 No order placed by You shall be deemed to be accepted by Us until a written acknowledgement of order is issued by Us by way of an email sent to You at the address You provide at the time You make Your order.
3.4 You shall ensure that the terms of Your order and any applicable specification are complete and accurate. Any advice, technical support or maintenance advice given by Us on this Website or over the telephone is given as guidance only. You are responsible for ensuring that the information You supply to Us (e.g. orders for Goods, sizes, materials and colour requirements) are correct and accurate and that the Goods You order are suitable for Your intended use before You place an order with Us. We accept no liability whatsoever for Your own errors in making Your order.
3.5 Any quotation is given on the basis that no Contract shall come into existence until We despatch an acknowledgement of order to You by way of an email sent to You at the address You provide at the time You make Your order. Any quotation is valid for the period as stated in the quotation itself, provided that We have not previously withdrawn it.
4.1 quantity and description of the Goods shall be as set out in Your order submitted to Us via Our Website.
4.2 All samples, drawings, descriptive matter, specifications and advertising issued by Us and any descriptions or illustrations contained on Our Website or in Our catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract and this is not a sale by sample.
4.3 The colour of the Goods viewed on Our Website or provided by samples may vary from that of the actual Goods. Colours may also vary between different batches of production.
4.4 We accept no liability whatsoever for Kitchen Carcasses ordered by You which do not allow adequate room for ventilation of oven units. You are responsible for ensuring that the correct size of Kitchen Carcasses is ordered to allow adequate room for ventilation of the oven unit to be used.
5.1 The prices payable for Goods that You order are as set out in Our Website. All prices for the Goods are inclusive of any value added tax (VAT).
5.2 You may be required to pay extra for delivery and it might not be possible for Us to deliver to some locations. Our delivery charges and options available are set out in Our Website.
5.3 You shall ensure that You select the appropriate level of delivery service for the Goods ordered.
5.4 We will make every effort to execute Your order at the price indicated at the time You place Your order, but We reserve the right to increase the price in the event of any increase in Our costs that may take place between the date Your order is placed and the date when the Goods are ready for delivery or if You have provided Us with incomplete or incorrect information or subsequently change Your order to cover any increased costs to Us as a result. If you feel that such altered price is too high You may exercise Your right to cancel as described in condition 6 below.
5.5 Whilst We are an internet trading site We may, at our absolute discretion accept orders by telephone or provide quotations by telephone. Any quotations given or orders accepted by Us by telephone will be confirmed via email, If We agree to accept Your order by telephone You are responsible for ensuring that the information You supply to Us (e.g. orders for Goods, sizes, materials and colour requirements) are correct and accurate and that the Goods You order are suitable for Your intended use before You place an order with Us. We accept no liability whatsoever for Your own errors in making Your order by telephone or in the information you supply to Us at the time You make Your order by telephone.
6. RIGHT FOR YOU TO CANCEL YOUR CONTRACT (This provision does not apply to trade sales)
6.1 As a consumer You may cancel Your Contract with Us for the Goods You order at any time up to the end of the seventh working day from the date You receive the ordered Goods. You do not need to give Us any reason for cancelling Your contract nor will You have to pay any penalty unless the goods have been made to your bespoke requirements.
6.2 The right to cancel Your order for Goods as set out in condition 6.1 above does not apply in respect of Kitchen Carcasses ordered from Us.
6.3 To cancel Your Contract You must notify Us in writing prior to returning any Goods to Us. We will give You a returns code which must be attached to the Goods returned and inform You of the address to which returned Goods should be sent. Any cancelled Goods returned without the relevant returns code attached or Goods sent to the wrong address will not be accepted.
6.4 Subject to condition 7.3 below, if You have received the Goods before You cancel Your contract then unless under clause 6.2, You do not have a right to cancel, You must send the Goods back to the address We specify unused in a good and resaleable condition and in their original packaging at Your own cost and risk as soon as possible. If You cancel Your contract before You receive the Goods but We have already processed the Goods for delivery You must not unpack the Goods when they are received by You and You must send the Goods back to the address We specify at Your own cost and risk as soon as possible. If it is not convenient for You to return the Goods to Us, You may request Us to collect the Goods but We are under no obligation to do so and We are entitled to make a charge for any such collection.
6.5 Once You have notified Us that You are cancelling Your contract, any sum debited to Us from Your credit card (less any applicable collection service charge) will be re-credited to Your account as soon as possible and in any event within 30 days of Your order PROVIDED THAT the Goods in question are returned by You and received by Us or Our suppliers unused in their original packaging and in the condition they were in when delivered to You. If You do not return the Goods delivered to You or do not pay the costs of delivery, We shall be entitled to deduct the direct costs of recovering the Goods from the amount to be re-credited to You.
6.6 Once You have informed Us that You are cancelling You must retain the Goods and take reasonable care of them pending their return or collection. 6.7 Cancellations which are outside of the above statutory right to cancel for consumers are subject to a restocking charge amounting to 30% of the total cost of the order (including any delivery costs). Your statutory rights as a consumer in relation to damaged or defective Goods will not be affected by this condition.
6.7 Bespoke orders built to size and or to your requirements are non refundable,
6.8 Cancellation of Handmade Kitchen orders will only be accepted if the Company has agreed in writing and on condition that you reimburse the Company all costs and expenses or losses and damages resulting from the cancellation.
7. CANCELLATION BY US
7.1 We reserve the right to cancel the Contract between us if:
7.1.1 We or Our suppliers have insufficient stock to deliver the Goods You have ordered or such Goods have been discontinued;
7.1.2 We do not deliver to Your area; or
7.1.3 One or more of the Goods You ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by Us from Our suppliers.
7.1.4 We are subjected to ongoing complications, disagreements or variations initiated by You after the signing of a kitchen order contract,
7.2 If it is deemed that after the agreement and signing of an order contract by You, it has been continuously altered by You the customer after the 7 day cool off / cancellation period, we withhold the right to cancel or charge a £60 fee per agreed alteration to cover printing, postage and labour fees,
7.3 If conditions 7.1.4 or 7.2 are experienced and an agreement on design, payment or finish cannot be met-
7.3.1 We reserve the right to suspend or terminate our agreement with you if we reasonably believe that payment will be refused.
7.3.2 You agree to compensate us in full against any and all reasonable costs and expenses (including reasonable legal) costs and expenses that we may incur in accordance with your agreement with us as set out in these Terms and Conditions.
7.4 If We do cancel Your Contract We will notify You by e-mail and will re-credit to Your account any sum deducted by Us from Your credit card as soon as possible but in any event within 30 days of Your cancellation, less any costs or fees incurred, We will not be liable to pay any additional compensation for disappointment suffered.
7.5 When We or Our suppliers have insufficient stock to deliver the Goods You have ordered or such goods have been discontinued We reserve the right to provide substitute Goods to You of equivalent quality and price at Our discretion instead of exercising Our right to cancel in condition 7.1.1 above. If you, as a consumer exercise Your right to cancel as set out in condition 6 the cost of returning such substitute Goods to Us will be met by Us.
7.6 The Kitchens and Furniture Workshop may suspend or cancel any accepted order or your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
8. DELIVERY OF GOODS TO YOU
8.1 We will deliver the Goods ordered by You to the address You give us for delivery at the time You make your order and in accordance with the level of delivery service You have selected at the time You make Your order. For more information on delivery options click here for standard kitchens or click here for Milton In-Frame Kitchens.
8.2 Delivery will be made as soon as possible after Your order is accepted and we will endeavour to deliver the Goods ordered within 5 working days of Your order. Delivery of Carcases may take longer than 5 working days but we will endeavour to deliver Carcasses ordered as soon as reasonably possible. You will be notified of the estimated date for delivery in accordance with the level of delivery service selected by You at the time You make Your order.
8.3 You will become the owner of the Goods You have ordered when they have been delivered to You. Once Goods have been delivered to You they will be held at Your own risk and We will not be liable for their loss or destruction.
8.4 Any dates specified by Us for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time.
8.5 Subject to the other provisions of these terms and conditions We shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods nor shall any delay entitle You to terminate the Contract unless such delay exceeds 30 days.
8.6 If for any reason You fail to accept delivery of any of the Goods, or We are unable to deliver the Goods on time because You have not provided appropriate labour, instructions, documents, licences or authorisations: (A) risk in the Goods shall pass to You; (B) the Goods shall be deemed to have been delivered; and (C)We may store the Goods until delivery, whereupon You shall be liable for all related costs and expenses (including, without limitation, storage, costs of rearranging delivery and insurance).
8.7 You must ensure that, at Your own expense adequate and appropriate equipment and manual labour is available for unloading the Goods at the place where the Goods are to be delivered.
8.8 We may deliver the Goods to You by separate instalments. In such cases We will endeavour to co-ordinate the separate deliveries as much as possible.
8.9 Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment entitles You to repudiate or cancel any other Contract or instalment.
8.10 Upon delivery of the Goods You are responsible for inspecting the Goods and reporting to Us within 2 working days any alleged defect, fault or error before the Goods are used or fitted. We shall have no liability for any claim in respect of an alleged defect, fault or error which would be apparent on inspection before use or fitting.
8.11 Area delivery surcharges apply to the following areas due to the nature of delivering furniture- Please call for price confirmation,
|Scotland Postcodes: EH, DG, FK, G, KA 1-26, 29, 30, KY, ML, PA 1-19, TD||
|Scotland Postcodes: AB, DD, IV 1-28, 30-32, 36, 40-49, 52-56, 63, KW 1-3, 5-14, PA 21-38, PH 1-26, 30-41, 49-50||
|Wales Postcodes: LL, LD, SY16-20, 23-25||
|Wales Postcodes: SA||
|Wales Postcodes: CF, NP||
|North East Postcodes: NE, CA||
|London (Congestion Surcharge) Postcodes: W1, W2, W8, W10, W11, NW1, WC1, WC2, EC1, EC2, EC3, EC4, E1, SW1, SW3, SW7, SE1, SE11||
|* Please note: VAT needs to be added at 20% *|
9.1 The quantity of any delivery of Goods as recorded by Us or Our suppliers upon despatch from Our or Our supplier’s place of business shall be conclusive evidence of the quantity received by You on delivery unless You can provide conclusive evidence proving the contrary.
9.2 We shall not be liable for any non-delivery of Goods (even if caused by Our own negligence) unless You give written notice to Us of the non-delivery within 3 working days of the date when the Goods would in the ordinary course of events have been received.
9.3 Any liability of Us for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time.
10. SAMPLE DOORS
10.1 A charge will be made for each sample door provided to You at Your request. A refund of this charge will be made when a full kitchen or full door order is received from You and processed by Us. The refund will be made by way of a credit given against the order for the door range chosen.
10.2 Where more than one door sample is ordered by You, it is Your responsibility to return the unwanted door sample(s) back to Us at Your cost via reliable transportation in good and resaleable condition and in its original packaging. If We do not receive the unwanted sample door returned by You in accordance with this condition 10 no refund by way of a credit against Your full order will be given.
11. QUALITY & GUARANTEE
11.1 Where We are not the manufacturer of the Goods, We shall endeavour to transfer to You the benefit of any warranty or guarantee given to Us.
11.2 We warrant that (subject to the other provisions of these terms and conditions) upon delivery, and for a period of 12 months from the date of delivery, the Goods ( All Furniture Items ) shall: (A) be of satisfactory quality within the meaning of the Sale of Goods Act 1979; and (B) be reasonably fit for their purpose.
11.3 The quality of our cabinetry is at the heart of our business. We are proud of the durability of our cabinets built in our Wiltshire workshop, and we know that they stand the test of time. We use tried and tested joinery techniques to ensure that everything we make is of the highest quality. In fact, we are so confident that our kitchen furniture is the most solidly built available that we back it with a 3-year Cabinetry Guarantee.
In the unlikely event that, subject to fair wear and tear, any of the cabinetry we craft should fail or not be fit-for-purpose, we will repair or replace the faulty item for a period of 3 years from the date of purchase.
This guarantee covers the failure of any doors, cupboards, shelves and drawers we build, including hinging and drawer runners.
11.4 All third party products supplied including - Taps, Sinks, Electrical appliances, Metal pull outs, Larder pull outs, Bins, & special order additional items- will be supplied with their own manufacturers 12 month (or longer if stated) guarantees as standard, Any faults arrising with these items please contact the manufacturer to confirm the guarantee under your name and contact them upon the occurance of any manufacturer faults and claims under your guarantee, Any installation costs attached to these replaced items following the initial installation will need to be paid by you the customer.
11.5 We shall not be liable for a breach of any of the warranties in condition 11.2 unless: (A) You give written notice of the defect to Us within 3 working days of the time of delivery of the Goods; and (B) We or Our suppliers are given a reasonable opportunity after receiving the notice of examining such Goods and You (if asked to do so by Us) return such Goods to Us or one of Our suppliers at Your cost for the examination to take place there or You provide Us with suitable alternative evidence (for example photographic evidence) of the alleged defect. (C) If the alleged defect is found by Us or by Our supplier to be a breach of any of the warranties in 11.2 after such examination, We shall re-credit your account with the reasonable and proper cost of returning the Goods to Us upon receipt of appropriate receipts or other evidence of such cost.
11.6 We shall not be liable for a breach of any of the warranties in condition 11.2 if: (A) You make any further use of such Goods after giving such notice; or (B) the defect arises because You have failed to follow Our or the manufacturer’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; or (C) You alter or repair such Goods without the written consent of Us.
11.7 Subject to condition 11.3 and condition 11.4, if any of the Goods do not conform with any of the warranties in condition 11.2 We shall at Our option repair or replace such Goods (or the defective part) provided that, if We so request, You shall, at Our expense, return such Goods or the part of such Goods which is defective to Us.
11.8 If We comply with condition 11.5 We shall have no further liability for a breach of any of the warranties in condition 11.2 in respect of such Goods. 11.7 If you do not notify Us of any alleged defect within 3 days of the time of delivery of the Goods you shall be deemed to have accepted the Goods.
11.9 Any Goods replaced and returned to Us shall belong to Us and any repaired or replacement Goods shall be guaranteed on these terms for the unexpired portion of the 12 month period.
11.10 Please note that newly plastered rooms should be left to environmentally stabilise before storage and installation of the Goods whatever their material. We shall have no liability for any alleged defective Goods where such alleged defect has been caused by storage and installation of the Goods into newly plastered rooms before the rooms have environmentally stabilised.
12.1 Subject to condition 8, condition 9 and condition 11, the following provisions set out the entire financial liability of Us to You in respect of any breach of these terms and conditions.
12.2 Save as precluded by law, We will not be liable to You for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem You notify to Us under these conditions and We shall have no liability to pay any money to You by way of compensation.
12.3 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Goods from Our Website. The importation or exportation of certain of Our Goods to You may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Goods You purchase.
12.4 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights You might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from Our negligence, under section 2(3) of the Consumer Protection Act 1987 or for fraud or fraudulent misrepresentation.
13.1 We may assign the Contract or any part of it to any person, firm or company without Your consent provided that such assignment would not serve to reduce any warranty We have given to You.
13.2 You shall not be entitled to assign the Contract or any part of it without the prior written consent of Us.
14. FORCE MAJEURE We reserve the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by You (without liability to You) if We are prevented from or delayed in the carrying on of Our business due to circumstances beyond Our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 30 days, You shall be entitled to give notice in writing to Us to terminate the Contract.
15.1 Unless otherwise expressly stated in these terms and conditions, all notices from You to Us must be in writing and sent to our contact address at the top of this page and all notices from Us to You will be displayed on Our Website from time to time or emailed to You at the email address You provide at the time You make Your order.
15.2 If any part of these terms and conditions is unenforceable (including any provision in which We limit or exclude Our liability to You) the unenforceable part shall be deemed severable and the enforceability of any other part of these terms and conditions will not be affected and such enforceable parts will remain in full force and effect.
15.3 Failure or delay by Us in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of Our rights under the Contract.
15.5 Except for Our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
15.6 The Contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.