1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
EVENT OUTSIDE OUR CONTROL: is defined in clause 13.2;
GOODS: the bespoke and made-to-measure kitchen goods (which may include handcrafted custom wooden kitchen goods), bathroom furniture and associated goods, studies and associated goods, bedrooms and associated goods, and all relevant components, as the case may be, all for use in private residential properties that We are making to Your specifications and selling to You as set out in the Order;
ORDER: Your order for the Goods and/or Services;
SERVICES: any ancillary design, manufacture, delivery and installation services that We are providing to You in respect of the Goods;
TERMS: the terms and conditions set out in this document;
YOU/YOUR: the person(s) placing the Order; and
WE/OUR/US: Oliver’s Kitchens Limited incorporated and registered in England and Wales with company number 09833138 whose registered office is at 1 High Street, Oakham, Rutland LE15 6AJ, as the case may be and as notified by Us prior to You placing Your Order and referenced in the Order and Our acceptance of the Order.
1.2 When we use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.
2.1 These are the terms and conditions on which we Supply 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 within the Order and these Terms are complete and accurate, before You sign and submit the Order or otherwise provide the Order to Us. If You think that there is a mistake or require any changes, please contact Us to discuss. We will endeavour to confirm any changes in writing to seek to avoid any confusion between You and Us.
2.3 When You sign and submit the Order to Us or otherwise provide the Order to Us, this does not mean We have accepted Your order for Goods and/or Services. Our acceptance of the Order will take place as described in clause 2.4. If We are unable to supply You with the Goods and/or Services, We will inform You of this and We will not process the Order.
2.4 These Terms will become binding on You and Us when We issue You with a written acceptance of an Order or when We contact You to tell You that We are able to provide You with the Goods or the Services, at which point a contract will come into existence between You and Us.
2.5 In respect of any website, catalogue or brochure used by Us, the images and descriptions of the Goods contained therein (including in respect of any dimensions and materials) are for illustrative purposes only and the use of such images and descriptions shall not constitute a sale by description. Although We will have made every reasonable effort to display the colours accurately, We cannot guarantee that the printed pictures accurately reflect the colour of the Goods. Your Goods may vary slightly from those images and, as You will appreciate, colours can vary on different monitors and printers. Any samples provided by Us are provided solely to provide You with an approximate idea of the Goods they relate to.
2.6 If We produce a plan design for You in respect of a kitchen, bathroom, study or bedroom, it is indicative only and for aesthetic purposes only. No such plans should be relied upon. All such plans (and all intellectual property rights (including copyright) within them) will be owned by Us.
3.1 We may revise these Terms from time to time to reflect changes in relevant laws and regulatory requirements.
3.2 If We have to revise these Terms under clause 3.1, We will give You at least 1 month’s written notice of any changes to these Terms before they take effect.
3.3 With the exception of installation (unless installation has commenced) as the Goods are bespoke and made-to-measure, unfortunately, because We make the Goods to Your specific requirements, You will not be able to cancel an Order once the manufacture of the Goods has commenced.
We make the Goods according to the measurements within the Order. You are responsible for the accuracy of measurements You provide if they are referenced within the Order and We are responsible for the accuracy of measurements We take if they are referenced within the Order.
5.1 Please note that timescales for delivery and installation will vary depending on the time it will take to manufacture the Goods.
5.2 Once all the Goods within the Order are manufactured, We will contact You to agree times for delivery and installation to Your nominated delivery and installation address. Any delivery date or time duration provided in respect of how long installation will take to complete shall be an estimate only (and shall be based on concurrent working days in respect of installation) and, whilst they will be given in good faith, time shall not be of the essence in relation to them. It is Your responsibility to obtain any required consents or permissions for the Goods to be delivered to and installed at that property before delivery and installation takes place. Occasionally Our delivery and/or installation may be affected by an Event Outside Our Control. See clause 13 for Our responsibilities when this happens.
5.3 You will need to provide Us, and any third party carrying out the Services on Our behalf, with access to the property concerned (together with suitable parking) and storage for Our and, where relevant, their equipment and property while carrying out the Services, including an area to store any waste. You will take such other steps as You reasonably can to enable Us to provide the Services including preparing the property concerned for the supply of the delivery and installation Services.
5.4 Where delivery is refused by You or is held or delayed at Your request, on giving notification of readiness to deliver We shall be entitled to treat Our delivery and installation Services as fulfilled and may place the Goods into store and insure them. Delivery and installation will be deemed to have taken place for the purpose of the passing of risk.
5.5 You will arrange for a suitable person over 18 years of age to be at the property concerned to check all Goods delivered prior to their installation.
5.6 If We have agreed to remove pre-existing units, fixtures or fittings this may necessarily cause some damage to surrounding areas. We will try to limit the amount of damage caused but unless We have agreed to do so or We have failed to exercise reasonable care and skill, the Services do not include Us “making good” any damage caused, painting, decorating or tiling.
5.7 Unless We agree otherwise, the Services will not include gas and electrical installation and connection, plumbing, wall and floor tiling, and general building work.
5.8 We strongly advise You to make alternative arrangements in terms of food preparation and general dwelling, as the case may be, during the period in which installation Services are being carried out in respect of kitchens, bathrooms and bedrooms. Every reasonable effort will be made to leave You with heating and electricity in the rest of the property concerned (excluding the installation environment), in addition to drinking water facilities. We, however, advise that this may not always be possible and would encourage You to seek alternative solutions, especially if the household contains young, older or vulnerable inhabitants.
5.9 Unless We agree otherwise or unless resulting from the negligence of Us or any subcontractor appointed by Us, the Services do not include, and We shall not be responsible for, the correction of:
(a) any faults or failures in the supply of water, electricity, gas or other services to the property concerned nor any faults or failures in the water or drainage systems or any other conduits or systems connected to the property; or
(b) accidental or wilful damage or defective works caused by other persons in relation to the property concerned.
5.10 Unless We otherwise agree, the Services do not include the removal of any waste and You will need to make Your own arrangements for the disposal of such waste.
5.11 The Goods will be Your responsibility from the time the delivery and installation Services are completed by Us. Once the installation Services are completed, We may ask You to sign a certificate to confirm Your overall satisfaction with the finished workmanship. This certificate will not affect Your legal rights in relation to the Goods and/or Services.
5.12 You own the Goods once We have received payment in full.
As a consumer, You have legal rights in relation to Goods that 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.
7.1 We guarantee that on delivery and installation by Us and for a period of 12 months from delivery and installation by Us, the Goods shall be free from material defects. However, this guarantee shall not apply in the circumstances described in clause 7.2.
7.2 We shall have no liability in respect of any defect in the Goods arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal working conditions, accident, mishandling, misuse, the application of unsuitable coatings, polishes or abrasives, or negligence, in all cases whether by You or by any third party other than Us or Our subcontractors;
(c) if You fail to operate or use the Goods in accordance with the user instructions; and
(d) any alteration or repair by You or by a third party other than Us.
7.3 This guarantee is in addition to, and does not affect, Your legal rights in relation to Goods that are faulty or not as described. Advice about Your legal rights is available from Your local Citizens’ Advice Bureau or Trading Standards office.
8. The Nature of Goods
8.1 Wood and wood-based Goods may have knots. Knots are marks where a limb or branch has been cut off when trees are converted into planks.
8.2 In new timber, nutrients in the form of resin may continue to pass through these points for some considerable time, causing “bleeding” through to the surface. This is a natural process and is more noticeable with painted furniture.
8.3 Wood will also change colour as it ages.
8.4 It is not unusual for wooden products to crack or split as the timber settles; this happens more frequently with waxed furniture and is completely normal.
8.5 Wooden products will swell in damp conditions and shrink in hot, dry conditions.
8.6 Waxed furniture requires regular wax treatments to preserve its appearance. The wax is merely a coating on bare wood, and as such the wood will exhibit shiny marks where the wax may have been rubbed. This is natural and unavoidable.
8.7 No wooden products are stain or heat resistant, although a lacquered product offers slightly greater protection.
8.8 Natural products may show some discolour or colour, paint, finish, grain, pattern, tone, texture and/or surface variations within individual pieces and between different pieces.
8.9 All of the foregoing and anything resulting therefrom shall not be considered as defects as they are part of the natural and inherent character of the products and the materials used.
9.1 We will make every effort to complete the Services on time. However, there may be delays due to an Event Outside Our Control. See clause 13 for Our responsibilities when an Event Outside Our Control happens.
9.2 If You do not pay Us for the Services when You are supposed to as set out in clause 11.3, We may suspend the Services with immediate effect until You have paid Us the outstanding amounts. We will contact You to tell You this. This does not affect Our right to charge You interest under clause 11.4.
10.1 In the unlikely event that there is any defect with the Goods and/or Services:
(a) please contact Us and tell Us as soon as reasonably possible; and
(b) please give Us a reasonable opportunity to repair or fix any defect. Once We have checked that the Goods and/or Services are faulty, We will provide You with a full or partial refund, depending on what is reasonable; repair or replace the Goods; or re-perform the Services. These Terms will apply to any repaired or replacement Goods We supply to You.
10.2 As a consumer, You have legal rights in relation to Services not carried out with reasonable skill and care. 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.
11.1 The price of the Goods and the Services will be the price notified by Us prior to You placing Your Order against which You place the Order and which is accepted by You when You place the Order.
11.2 This price includes value added tax (VAT) and delivery and installation Services. However, if the rate of VAT changes between the date of the Order and the date of delivery or installation, We will adjust the rate of VAT that You pay, unless You have already paid for the Goods and the Services in full before the change in the rate of VAT takes effect. In addition, delivery charges are estimates based on Our experience of similar shipments and the information You provide Us regarding access to the property concerned (it being the case that We shall reasonably rely upon access being without impediment in the absence of You informing Us otherwise) and We reserve the right to pass on any additional delivery charges incurred.
11.3 We will ask You to make an advance deposit payment of a predetermined percentage of the total price of Your Order (inclusive of VAT) in cleared funds. You should note that by placing an Order and/or by making this payment (or any other payment) following these Terms having been brought to Your reasonable attention, You will be bound to these Terms. A further predetermined percentage of the total price of Your Order must be paid when the Goods have been manufactured and are ready for delivery and installation. This payment must be paid in cleared funds before the date for delivery and installation. The final balance must be paid prior to delivery and installation being commenced. This payment must be paid in cleared funds. All percentages of the total price of Your Order referred to in this clause 11.3 will be as notified by Us prior to You placing Your Order against which You place the Order and which is accepted by You when You place the Order.
11.4 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 Bank of England base rate 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 judgment. You must pay Us interest together with any overdue amount. In addition, We shall be entitled to recover on an indemnity basis all costs and expenses incurred in obtaining (or attempting to obtain) payment from You if any payment due to Us from You is late, including legal costs.
12.1 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, but We are not responsible for any loss or damage that is not foreseeable. 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 the contract.
12.2 If We are installing the Goods in Your property, subject to clause 5.6 We will make good any damage to Your property caused by Us in the course of installation. 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 installation by Us.
12.3 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 subcontractors;
(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);
(e) defective products under the Consumer Protection Act 1987; and
(f) any other matter for which it would be illegal or unlawful for Us to exclude or attempt to exclude Our liability for.
13.1 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 is caused by an Event Outside Our Control.
13.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks, import or export regulations or embargoes, or difficulties in obtaining raw materials, labour, fuel, parts or machinery.
13.3 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 and their installation, We will arrange new dates for delivery and installation with You after the Event Outside Our Control is over.
14. Limited cancellation rights
Unfortunately, as the Goods are bespoke and made-to-measure to Your requirements, You will not be able to cancel Your Order once Your Order is made if the manufacture of the Goods has commenced (but this will not affect Your legal rights as a consumer in relation to Goods that are faulty or not as described). Although We are not legally obliged to do so, if You wish to cancel Your Order and notify Us of this in writing then, provided the manufacture of the Goods has not commenced, We will accept Your cancellation.
We may cancel or suspend Our performance of the Services at any time with immediate effect by giving You written notice if You are in breach of Your obligations to Us in a material way and do not correct the situation within 2 days of Us asking You to or if You do not pay Us when You are supposed to as set out in clause 11.3. This does not affect Our right to charge You interest under clause 11.4. Upon cancellation We shall be under no further obligation to provide Goods or Services.
16.1 We are a company registered in England and Wales. Our company registration number is as stated in clause 1.1 and Our registered office is at 1 High Street, Oakham, Rutland LE15 6AJ. Where We are Oliver’s Kitchens Limited, Our registered VAT number is 890173025.
16.2 If You have any questions or if You have any complaints, please contact Us. You can contact Us by telephoning Our customer service team at Our head office at 01572 494497 or by e-mailing Us at email@example.com
16.3 If You wish to contact Us in writing, or if any clause in these Terms requires You to communicate with Us in writing, You can send this to Us by e-mail, by hand, or by pre-paid post. If We have to contact You in writing, We will do so by e-mail, by hand, or by pre-paid post to the address You provide to Us.
17.1 We will use the personal information You provide to Us to:
(a) provide the Goods and Services;
(b) process Your payment in respect of Your Order; and
(c) inform You about similar products or services that We provide, but You may stop receiving these at any time by contacting Us.
17.2 You agree that We may pass Your personal information to credit reference agencies and that they may keep a record of any search that they do.
17.3 You agree that We may pass Your personal information to any subcontractors which We use to supply the Services on Our behalf.
17.4 We will not give Your personal data to any other third party.
18.1 We may transfer Our rights and obligations under these Terms to another organisation, but this will not affect Your rights or Our obligations under these Terms. Without limiting the foregoing, the Services may be provided by a third party (including a subcontractor) on Our behalf.
18.2 You may only transfer Your rights or Your obligations under these Terms to another person if We agree in writing. We shall not unreasonably withhold or delay Our consent.
18.3 The contract is between You and Us. No other person shall have any rights to enforce any of its terms.
18.4 Each of the paragraphs 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 and the adjudged unlawful paragraphs shall be deemed modified to the minimum extent necessary to make them lawful. If such modification is not possible, the paragraphs shall be deemed deleted and You and We shall then negotiate in good faith to amend such paragraphs so that, as amended, they are lawful and, to the greatest extent possible, achieve their original intended commercial purpose.
18.5 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 do 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.
18.6 These Terms are governed by English law. On the basis that You are resident in England and Wales, You and Us both agree to submit to the exclusive jurisdiction of the English courts. However, You and Us shall consider using alternative dispute resolution techniques for any dispute or difference arising out of or in connection with the contract before seeking a remedy through the courts.