TERMS AND CONDITIONS

The Kitchens Inclusive Ltd, Trading as “The Kitchens Inc”

TERMS AND CONDITIONS FOR THE SUPPLY AND INSTALLATION OF YOUR KITCHEN

These Terms and Conditions do not affect your statutory rights under the Consumer Rights Act 2015.

TERMS

1. DEFINITIONS

1.1 When the following words with capital letters are used in these Terms, this is what they will mean: 

Installation Visual Checklist: as described in Clause 7 and attached to these Terms on;

Events Outside Our Control: is defined in clause 17.2;

Goods: the goods that We are selling to you as set out in the Contract;

Holding Deposit: Deposit of an agreed amount

Contract: your Contract for the Product, Goods and/or

Services to which these Terms & Conditions are attached;

Product: the completed kitchen / bedroom storage of which the Goods and Services comprise;

Services: the services that We are providing to you as set out in the Contract;

Terms: the terms and conditions set out in this document; and We/Our/Us: The Kitchens Inclusive Ltd Company Number ( 11585037 ) Fulford House, Newbold Terrace, Leamington Spa, Warwickshire, United Kingdom, CV32 4EA and its employees, agents and contractors (as applicable).

1.2 When We use the words ``writing `` or ''written `` in these Terms, this will include email unless We say otherwise.

2. OUR CONTRACT WITH YOU

2.1 These are the terms and conditions on which We supply the Product, Goods, or Services, or both Goods and Services, to you.

2.2 Please ensure that you read these Terms carefully, and check that the details on the Contract and contained in these Terms are complete and accurate, before you sign the same. If you think that there is a mistake or you require any changes, please discuss with Us before signing. We will

confirm any changes in writing to avoid any confusion between you and Us.

2.3 Once you have signed and dated these Terms, We accept your order for the Product, Goods and/or Services as stated in the Contract and a contract (comprising the order and these Terms) becomes binding on you and Us as of the date you have signed these Terms.

2.4 It is further agreed that any verbal conditions or promises made by any of Us that are not contained in the Contract or these Terms are not part of the contract and are therefore, not binding on you or Us.

2.5 You acknowledge that you have been given the details of the specification of the Product, Goods and Services to be provided by Us to you as set out in the Contract and one of Our team members has explained the same to You and answered any questions You may have satisfactorily and You are content that the specification contained in the Contract is a fair and true representation of Your requirements and You accept these Terms.

2.6 Our website, catalogues, brochures, designs and illustrations are solely for the promotion of Our Goods in the UK. We do not accept orders from addresses outside the UK.

2.7 The images of the Goods on Our website, in the catalogues or brochures We provide and/or the design materials We produce are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that the printed pictures accurately reflect the colour of the Goods. Your Goods may also vary slightly from those images.

3. CHANGES TO TERMS & VARIATIONS OR AMENDMENTS TO THE CONTRACT

Due to the bespoke nature of the Product you will not be able to cancel an order once it is placed. However, where you require or desire a variation or change to what has been itemised in the Contract, We may be able to accommodate this. A change of price up or down may be applicable to take account of any such changes. We will record any such agreed changes and additional or removal of costs in writing and deliver a copy of the written summary of such changes to You.

4. PROVIDING THE GOODS AND SERVICES

4.1 Please note that timescales for delivery of the Product (including the delivery of all or part of the Goods and commencement and completion of the Services) will vary depending on:

(a) the availability of the Goods; and

(b) the availability of contractors / tradespersons with the necessary qualifications and experience to carry out the work required to complete the Services and deliver the Product.

4.2 We have included in the Contract, a delivery date for the Goods and commencement date for the Services which we have discussed and agreed with you (“Delivery Date”). We will make every effort to deliver the Goods and commence and complete the Services on the Delivery Date. However, there may be delays due to an Event Outside Our Control. See clause 17 for Our responsibilities when an Event Outside Our Control happens.

4.3 We will endeavour to ensure you are kept fully informed (either by telephone or e-mail or in person or by letter) of any delays to the Delivery Date, and that any such delays to the delivery of the Goods and/or commencement or completion of the Services are resolved in the shortest possible time.

4.4 Due to the fact that we use external contractors in order to perform the Services, We have to reserve a reasonable period of time with the fitting and installation teams and external contractors to enable them to carry out the Services and install the Product. So as to ensure there is no undue delay in you receiving the Product, We are required to make such bookings at least four weeks in advance of the Delivery Date. If you wish for Us to change the Delivery Date, Our fitting and installation team may lose income because of such change. Therefore, unless you inform Us at least four weeks in advance of any desired changes or necessary delays to the Delivery Date, We may need to charge you a reasonable fee for the lost earnings of the fitting and installation team (up to a maximum of £240.00 per day per fitter or tradesperson).

4.4.1 Subject to clause 4.4, if the fitting team can be moved to another project and no loss is incurred, then no loss shall be payable by You

4.5 If We are not able to deliver the Goods at any time for operational reasons or due to a shortage of stock, We may deliver the Goods in instalments.

4.6 It may be necessary for Us to complete part of the Services or you may need to carry out preparatory works before the delivery of the Goods can be made. Please refer to the details of such requirements as set out in the Contract.

4.7 If We are delayed with the delivery of the Goods or commencement or completion of the Services as a result of you either not having completed the necessary preparatory works and your property is therefore unprepared or there are any access restrictions preventing Us from commencing the Services on the Delivery Date, We have the right to charge you any reasonable costs and expenses incurred by Us as a result of any such delay.

4.8 We may have to suspend the delivery of the Goods or performance of the Services if We have to deal with technical problems. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. See clause 5 below regarding hidden complications.

4.9 If you do not pay Us for the Goods and Services when you are supposed to as set out in clause 15, We may suspend the delivery of the Goods and Services with immediate effect until you have paid Us the outstanding amounts (except where you dispute an invoice under clause 15.9). We will contact you to tell you this. This does not affect Our right to charge you interest under clause 15.8.

4.10 You own the Product once We have received payment in full for the Contract in accordance with clause 14

5. HIDDEN COMPLICATIONS

If at the time prior to or during the removal of the old existing kitchen / bedroom / bathroom storage, during the installation of the Product or as a consequence of any structural changes which have been made to the property since the original measure was carried out by Us, We identify that there is additional work that is required to be undertaken to successfully deliver the Goods or complete the installation of the Product, any such unforeseen additional work will need to be agreed between you and Us and you agree to either:

(a) pay the additional costs We reasonably incur in carrying out such unforeseen additional work; or

(b) carry out such additional work at your own cost, subject to this not disrupting the installation schedule for the delivery and completion of the Product.

6. SURPLUS OR UNWANTED GOODS

6.1 Undamaged/unadulterated Surplus, unwanted or returned Goods may be subject to a manufacturer's restocking charge, carriage charges, labour and administration charges. You agree that should you wish to return any unwanted Goods, You will be responsible for these costs and fees and We shall either:

(a) Where the charges exceed the value of the Goods returned at the time of returning the same, separately invoice you for the balance of such charges (less the value the manufacturer ascribes to the Goods returned at the time of returning the same); or

(b) where the charges are less than value of the Goods returned (at the time of returning the same) and there is money due to you,

(c) We will reduce the balance of your final payment for the Product where this is still outstanding or otherwise refund the balance of monies owed to you where you have paid for the Product in full already.

7. INSTALLATION / VISUAL CHECKLIST

7.1 We require an ‘Installation/Visual Checklist’ to be signed once the Product has been installed. If this form is not completed and signed by you, We may be unable to rectify any snags after completion of the installation of the Product.

8. IF THE GOODS ARE FAULTY

8.1 As a consumer, you have legal rights in relation to Goods that are faulty or not as described. We are under a legal duty to supply Goods that are in conformity with the Contract and these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

8.2 Under the Consumer Rights Act you have an early right to reject goods that are of different quality to those fitted in the showroom, or unfit for purpose or not as described. But this right is limited to 30 days from the date you purchased the product.

8.3 If you are outside the 30 day right to reject, we or the manufacturer must have an opportunity to repair or replace any faulty goods.

9. IF THERE IS A PROBLEM WITH THE PRODUCT OR SERVICES

9.1 We would respectfully request that promptly following the completion of the installation of the Product, You examine and/or check that it is in line with the Contract and that all appliances are in working order. In order for Us to resolve any issues in a good time, We kindly request that We are informed by you immediately upon you becoming aware of the same, if any appliance is not working, or any component(s) of the Product do not comply with the Contract or these Terms.

9.2 In the unlikely event that there is any defect with them Product or Services: 

(a) please contact Us and tell Us as soon as reasonably possible;

(b) please give Us a reasonable opportunity to repair or fix any defect; and

(c) We will use every effort to repair or fix the defect as soon as reasonably practicable.

9.3 You will not have to pay for Us to repair or fix a defect with the Product under clause 9.2.

9.4 As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials We use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these

Terms will affect these legal rights.

10. PRODUCT REPRESENTATIONS

10.1 A large proportion of Our products are partly natural or painted to order. There are also products that contain patterns and random veins. These products may have variation to the samples in the showroom and a particular pattern or style cannot be guaranteed.

11. THIRD-PARTY MANUFACTURER'S GUARANTEE / WARRANTY OF GOODS

11.1 The Goods may come with a manufacturer's guarantee or warranty. For further details about the terms of and activating the manufacturer’s guarantees or warranties, please refer to the manufacturer’s guarantees or warranties provided with the Goods as applicable.

11.2 This guarantee is in addition to, and does not affect, your legal rights in relation to the Goods that are faulty or not as described. We are under a legal duty to supply Goods that are in conformity with this contract. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

12. ELECTRICAL APPLIANCE FAULTS

12.1 We are unable to undertake any fault-finding, diagnostics, repairs, or maintenance to any electrical appliances provided as part of the Contract, as this would invalidate the manufacturer’s guarantee / warranty. We recommend that You contact the Manufacturer of the appliance in the unlikely event of a malfunction of this nature as in most instances, manufacturers will not respond to a report of any such potential fault unless it is made by You.

12.2 The terms of clause 12.1 above does not affect your legal rights in relation to those electrical appliances. We are under a legal duty to supply Goods that are in conformity with this contract. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

13. GAS SAFE INSTALLATIONS

13.1 If a gas installation is to be carried out as part of the Contract (e.g. the fitting of a gas ho), We will ensure a suitably qualified and registered GasSafe© engineer is employed to carry out such installation works. Where you are carrying out your own gas installation prior to Our delivery of the Goods and/or commencement of the Services, unless a suitably qualified and registered GasSafe© engineer carries out such works, We may have to refuse to undertake any work within the property and ultimately cancel the Contract, if We consider it would not be safe for the contractors to proceed with the delivery of the Goods or Services.

14. OTHER SERVICES

14.1 Where you have chosen to install or contract directly with tradespersons to remove your existing kitchen / bathroom / bedroom storage and/or install the Product or any part of the Product, We cannot be held responsible for the work undertaken by you or your tradespersons in this regard.

15. PRICE AND PAYMENT

15.1 The price of the Goods and Services is as specified in the Contract.

15.2 The price includes VAT at the current rate. However, if the rate of VAT changes between the date of the Contract and the date of delivery or performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Goods and/or Services in full before the change in the rate of VAT takes effect.

15.3 We confirm that prior to you having signed these Terms, you have paid a holding deposit (“Holding Deposit”). The amount of this is shown as having been paid on the Contract and it is offset against the total price to be paid for the Goods and/or Services shown in the Contract.

15.4 At the time of signing these Terms, an agreed deposit % of the full price for the Goods and Services as specified in the Contract must be paid (“Full Deposit”). The Holding Deposit is already taken into account in calculating the balance of the Full Deposit to be paid at this time (i.e. the Full Deposit to be paid is an agreed % of the total cost of the Contract, less the Holding Deposit).

15.5 Once the Full Deposit has been paid and You have signed the Contract, We will commence ordering and/or manufacturing (as applicable) all of the Goods and allocating the Services as necessary to fulfil the Contract in accordance with these Terms. Unfortunately as a consequence, if you

decide to cancel the Contract once the Full Deposit has been paid, it will not be possible to refund the Full Deposit to you.

15.6 Not less than 14 calendar days before the Goods are to be delivered, or whenever Services are due to be started whichever is earliest, a further instalment of the price of the Contract must be paid. ( final balance ) The amount required to be paid at this time is the remaining balance of the products only unless specified otherwise in writing prior to the contract being signed. This payment must be made by either debit card, credit card, BACS/CHAPSs transfer or cash. Please note, Cheques and Bankers Drafts are not acceptable at this time, as funds must be cleared before the delivery of the Goods can take place.

15.7 Where we oversee the installation of the contents of this contract, the fitting price of the Contract must be paid within 7 days of the Product having been delivered and, where We are overseeing the installation, once such installation has been substantially completed.

15.8 If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of HSBC plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay Us interest together with any overdue amount.

15.9 However, if you dispute a payment due in good faith and contact Us to let Us know promptly before it is due for payment that you dispute it, clause 15.8 will not apply for the period of the dispute. However if this dispute causes a delay in starting or completion of the project, We shall not be held responsible. 

15.10 We reserve the right to retain legal ownership of the goods until payment is made in full.

16. OUR LIABILITY TO YOU

16.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by you and Us at the time we entered into this contract.

16.2 We will make good any damage to your property caused by Us (including any such damage caused by Our contractors) in the course of delivery or installation of the Goods or performance of the Services. However, We are not responsible for the cost of repairing any pre-existing faults or damage to your property that We discover in the course of such delivery, installation and/or performance by Us.

16.3 Unless We have otherwise agreed with you before accepting these Terms and We have recorded the same on the Contract:

(a) We only supply the Product for domestic and private use;

(b) you agree not to use the Product for any commercial, business or resale purpose; and

(c) We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

16.4 We do not exclude or limit in any way Our liability for:

(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or contractors;

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);

(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and

(e) defective products under the Consumer Rights Act 2015

(f) breach of the terms implied by section 17 of the Consumer Rights Act. 2015 (title and quiet possession)

(g) breach of the terms implied in Chapter 15 The Consumer Rights Act. 2015 (description, satisfactory quality, fitness for purpose and samples); and

(h) defective products under the Consumer Rights Act. 2015

17. EVENTS OUTSIDE OUR CONTROL

17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that are caused by an Event Outside Our Control.

17.2 An Event Outside Our Control means any act or event beyond Our reasonable control.

17.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these

Terms:

(a) We will contact you as soon as reasonably possible to notify you; and

(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to you, We will arrange a new delivery date with you after the Event Outside Our Control is over. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.

18. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND

18.1 Unfortunately, as the Product is designed and made to your specific requirements, you will not be able to cancel your Contract once made (but this will not affect your legal rights as a consumer in relation to any part of the Product, Goods or Services that are faulty or not as described).

19. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND

19.1 We may have to cancel a Contract or an order before the start date for the Services or before the Goods are delivered, due to an Event Outside Our Control or the unavailability of stock or (in the case of Services) key personnel or key materials without which We cannot provide the Services. If this happens:

(a) We will promptly contact you to let you know;

(b) if you have made any payment in advance for Services that have not been provided to you, or Goods that have not been delivered to you, We will refund these amounts to you; and

(c) where We have already started work on your Contract, We will not charge you anything and you will not have to make any payment to Us.

19.2 We may cancel the Contract at any time with immediate effect by giving you written notice if:

(a) you do not pay Us when you are supposed to as set out in clause 14. This does not affect Our right to charge you interest under clause 15.8; or

(b) you break the Contract in any other material way and you do not correct or fix the situation within 14 days of Us asking you to do so in writing.

20. INFORMATION ABOUT US AND HOW TO CONTACT US

20.1 We are a company registered in England and Wales. Our company registration number is 11585037 and Our registered office is Warwick House, Banbury Road, Southam, CV47 2PT Our registered VAT number is 307 5009 30

20.2 We operate a formal grievance procedure. We are committed to providing good quality products and services. We do not look on complaints as unwanted, and in fact, they may help Us to see where Our services or procedures might be improved. We respectfully request that in the unlikely event of a complaint, you follow the procedures as outlined in the grievance procedure document attached.

20.4 More generally, if you have any questions, please do not hesitate to contact Us. You can do this by telephoning Our Studio on 01926 293653 or by emailing Us at: stefan@thekitchensinc.co.uk

20.5 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing you can send this to us by e-mail at: stefan@thekitchensinc.co.uk or by hand, or post to The Kitchens Inc, Unit 6, Heathcote Business Centre, Hurlbutt Road, CV34 6TD. If We have to contact you or give you notice in writing, We will do so by email, by hand, or by pre-paid post to the address(es) you provide to Us in the Contract.

21. HOW WE MAY USE YOUR PERSONAL

INFORMATION

21.1 We will use the personal information you provide to Us to:

(a) provide the Product, Goods and/or Services;

(b) process your payment for such Product, Goods and/or Services; and

(c) inform you about similar products, goods or services that We provide, but you may stop receiving these at any time by contacting Us.

21.2 We will not give your personal data to any third party other than to our suppliers and contractors who may need to know the same solely to enable them to assist with providing the Product, Goods or Services.

22. OTHER IMPORTANT TERMS

22.1 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.

22.2 Each clause of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

22.3 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those

obligations. If We waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.

22.4 These Terms are governed by English law. You and We both agree to submit to the exclusive jurisdiction of the English courts, save however, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

How to make a complaint

Talk to a member of The Kitchens Inc staff. This can be done quite informally, either directly in person, by telephone, e-mail or letter, however, letters may result in issues taking longer to resolve. Usually, the best staff member to talk to will be the person with whom you have been dealing with, as they will be in the best position to understand your concern and therefore, resolve the concern quickly. If they are unavailable, or you would prefer to approach someone else, then ask for their relevant Line Manager or in the event of your contact being a Director, please feel free to ask for one of the other Directors. We will try to resolve the problem as soon as we possibly can. However, if we cannot do this, for example, a supplier is out of stock, a fitter cannot get to you within a reasonable time or information we need is not to hand, then we will record all of your concern on your file and arrange the best way and time for getting back to you. This will normally be within three working days or we will make some other arrangement acceptable to you.