T & C’s

SIMPLY KITCHENS UK LTD – Terms & Conditions                            

1.     INTRODUCTION

1.1.    These are the terms and conditions on which “Simply Kitchens UK Ltd (“we”/”our”/”us”) are under a duty to supply the products (“Goods”) and Services that we are selling to you the Customer (“you”/”your”).  Please ensure that you read these terms and conditions carefully.

1.2.    Duration of Contract – subject to the provisions below this contract will come into effect from the date of acceptance of the Order (“Quotation/Invoice” / “Sales Order Form”) and will remain in force until all Goods and Services have been provided and/or final monies due have been received, whichever is the later.

2.     BASIS OF SALE

2.1.    These terms and conditions shall become binding on you and us upon your acceptance of the Order, at which point a contract shall come into existence between us.  Subject to the provisions below if you require changes to the Order, these must be made in writing (see condition 8).

2.2.    We have the right to amend these terms and conditions from time to time. You will be subject to the policies and terms in force at the time that you accept the Order, unless the change is required by law (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).

2.3.    Any typographical, clerical or other error/omission in any price list, sales literature, Quotation/Invoice/Sales Order Form, acceptances of offer, or other documentation or information issued by us, shall be subject to correction without any liability on our part.

2.4.    We are only responsible for providing the Goods and Services as stated in the Order.

2.5.    Redecoration of a refurbished area will be your responsibility unless this has been agreed as part of the Order.

3.     PAYMENT can be made by - Card or BACS (please ask us for bank details).

3.1.  Prices are liable to change at any time prior to acceptance of the Order by you.   Following acceptance of the Order factors detailed in Conditions 5.3, 5.4, 8.1, 8.2, 9.2 and 12.3 may affect prices.

3.2.    Installation Projects Only: ‘Completion Date’ on the Payment Schedule of the Sales Order Form, refers to the date that the project completes and is handed over to you ‘fully operational’, with (in some cases) only snagging work required (see condition 12).  ‘Fully operational’ means a kitchen that can be used for its intended purpose regardless of any snagging works required.  Where snagging work is required, you will be entitled to a retention fee of 5% of the final balance. This retention fee must be paid on the day all snagging work has been completed and signed off by us.

3.3.    If full payment is not settled on the completion of installation and after any snagging has been completed, or in the case of “supply only” projects, if full payment is not settled by 7 days prior to your delivery week, we may cancel or suspend any future deliveries or Services to you until you have paid the outstanding amounts. If you do not make any payment due to us by the due date for payment (as set out in 3.1) we may charge interest to you on the overdue amount at the rate of 4% a year above the current base rate of NatWest Bank Plc. 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 the overdue amount.

4.     PREPARATION

You are responsible for:

4.1.    Procuring and obtaining any relevant local authority approvals including but not limited to planning permissions or building control consents prior to our commencement of the agreed work.

4.2.    Any necessary preparation of the premises.  This may mean the removal of all furniture/fixtures and fittings should that be the arrangement, as stated on the Order (see Condition 8.1).

4.3.    Ensuring that reasonable parking/access to the premises is made available at all times during the installation or delivery process.

4.4.    Informing neighbours who may be affected by the works to be carried out by us so that we don’t have to negotiate on your behalf.

4.5.    All mains services being available at the premises including a suitable electrical supply.

5.     DELIVERY

5.1.    By the end of the week prior to your furniture Delivery Week we will advise you of the delivery Day and, where possible, estimated times. Occasionally delivery may be affected by factors beyond our control and be delayed or need to be rescheduled as a result.  We will keep you informed if this is the case but cannot be held liable.

5.2.    We will deliver the Goods (as per the Order) and install them if this was agreed as part of the Order.  Deliveries can only take place on the notified date and will not take place later than 8pm.  Installation can only take place during normal working hours. Delivery of the Goods shall be completed when we deliver the Goods to you.

5.3.    If for any reason you are NOT ready to receive your furniture on the Delivery Week, the delivery can be paused as long as we are notified no later than 2 WEEKS before the original Delivery Week.   If you have been unable to notify us within that timeframe the delivery cannot be stopped, although arrangements can be made for it to go into storage if you require.  This will incur a storage and redelivery charge which will be charged on to you.  This postponement may lead to delays (see condition 9) in the installation and potential late notification of damages (see condition 5.5).

5.4.    Failure to accept delivery on the agreed Day (whether it be the original Day or a rescheduled Day) may lead to delays (see condition 9) in the installation.  You may also incur a storage charge and redelivery fee where the original delivery was unsuccessful.

5.5.    Goods must be checked for damage within 14 days following delivery (see condition 10.1).

6.     RISK AND TITLE

6.1.    The Goods will be your responsibility from the time of delivery. Therefore, all risks, damage or loss to Goods, supplied by us shall pass to you on delivery.  You will be responsible for providing suitable, secure, dry storage and insurance of the Goods.

6.2.    Ownership of the Goods shall not pass to you until we have received full, final and cleared payment for the Goods.

7.     TERMINATION

7.1.    Online/Over the Phone Purchases – Your ‘cooling off period’ rights are detailed in our Cancellation Notice, which can be found on our website or is available upon request, and applies to any orders purchased ‘from a distance’, ie not in person.

7.2.    In Person Purchases - You may terminate the Order within 14 days of acceptance, and receive a full refund. 

7.2.1.  A deduction from the refund may be made for the loss of value of any Goods already supplied, where there has been unnecessary handling and/or if there is unnecessary damage to the original packaging. 

7.2.2.  A deduction from the refund may be made for any Services already carried out up to the point of cancellation, this may include any administrative costs if necessary.

7.2.3.  If you terminate the Order after 14 days of acceptance your liability to us shall be the minimum of £100 and if greater, limited to payment of all costs we reasonably incurred in fulfilling the Order at the point of termination by way of liquidated damages.

7.2.4.  We reserve the right to terminate the Order within 7 days of your acceptance, in which event all monies paid by you will be refunded in full.

8.     ALTERATION TO ORDER

8.1.    Following any survey carried out by us, you shall not make any alterations to the premises or the services or the existing equipment which could affect the planned installation of the Goods.  We will not accept any responsibility if such alterations are made and retrospective adjustments have to be made.  Additional costs for any adjustments will be passed onto you.

8.2.    Your furniture is built-to-order so alterations to the Order can only be made up to 6 WEEKS before the requested Delivery Week.  After the 6 week point your kitchen will be in production and cannot be altered.   Additions will be charged and unwanted items cannot be returned for refund as they are custom built-to-order.  Any such alteration may either increase or decrease the cost of your Order and you will be notified accordingly if this is the case.  Alterations made later than this may result in delays/ additional costs (see Condition 9 below).

8.3.    We reserve the right to make insignificant alterations to the units and accessories listed on the Order, and to the method or manner of installation, in order to ensure a professional finish.

9.     DELAYS

9.1.    Certain situations may lead to a delay in fulfilment of the Order for which we cannot be held responsible. 

9.1.1.  Late or incomplete notification from you (including Condition 4) regarding changes to the installation, or additional work/alterations you require.

9.1.2.  Work undertaken ‘out of sequence’ in order to achieve an element of work to suit you.

9.1.3.  Works not completed to agreed timeframes by other tradesmen (not contracted by us).

9.1.4.  Postponement of delivery, failure to accept delivery at agreed times or to allow us access the premises to complete works.

9.1.5.  All Goods are subject to availability from our suppliers, we can only provide guidance as to availability/delivery as provided to us by our suppliers.  We cannot therefore accept any liability for any delay or failure to deliver that is beyond our reasonable control.

9.2.    Costs we incur as a direct result of changes/ additional work/ delays (excepting Condition 9.1.5) may be chargeable.

9.3.    Where situations cause a delay to the fulfilment of the Order, we reserve the right to complete works at our earliest convenience.

10.   DAMAGE

10.1. Goods must be checked for damage as soon as possible following delivery.  Damaged item/s must be notified to us no later than 14 days after the delivery date.  If NOT notified within this time charges may apply to replace the item/s.  We cannot be held liable for damages discovered late due to circumstances beyond our control.

10.2. We will not be held responsible for any damage caused to our products or your premises as a result of other contractors/persons working on the premises during or after the installation.

10.3. We will make good any damage we cause during the installation process but will not be held responsible for damage to decoration/ tiling/floorings that occur during normal installation practices.

11.   GUARANTEE

11.1. We guarantee that all Goods provided by us will be of satisfactory quality, fit for purpose and as described.  Where installation is part of the process, all work will be carried out in a skilful and workmanlike manner.

11.2. In the unlikely event that the Goods or Services do not conform to these terms and conditions, please notify us as soon as possible and the matter will be dealt with in accordance with the Consumer Rights Act 2015.    

12.   SNAGGING (Installation Projects Only)

12.1. On completion of the installation, we will visit you at the premises to review the final installation with you, and if necessary, compile a definitive snagging list and this will be deemed final.  This cannot be amended or added to after this point. 

12.2. Any snagging will be completed by us and prioritised and will not be deemed an extension of the ‘Completion Date’.

12.3. Natural shrinkage in plasterwork, carpentry and joinery will not be deemed a snagging issue but we will take reasonable steps to rectify any such issues.  Additional charges may be applied but where possible we will keep this to a minimum.

13.   GOODS NOT SUPPLIED BY US

13.1.    Goods not supplied by us for incorporation into the installation must be notified to us in writing providing dimensions and any necessary technical details.  We will not be responsible for problems arising out of incorrect information supplied to us.

13.2.    We will not be responsible for the condition or performance of goods not supplied by us.  Likewise, we will not be responsible for any future issues that may arise as a direct result of problems with goods not supplied by us.

13.3.  Installation Projects Only: All such items must be available at the premises, having been checked by you, prior to incorporation into the installation.   Any delays in such items being available to us may delay the project incurring additional charges (see condition 9).

14.   WORKS NOT CONTRACTED BY US (Installation Projects Only)

14.1. Any works not undertaken by us during the installation process should be confirmed in writing to us, in order that we can liaise with you/your contractor to ensure continuity of work.

14.2. We will not be held responsible for any delays (see condition 9.1.3), damage (see condition10.2), untidiness, or lack of security as a result of other tradespersons being present during the installation.

15.   AVAILABILITY

15.1. Product ranges are updated regularly and therefore we cannot guarantee future continuity of supply.  We cannot accept responsibility for any subsequent changes in design, style or specification of your chosen product range.

15.2. If at any time during the order process we are unable to supply any of the Goods referred to in your Order we will offer you an alternative with any appropriate adjustment in price.  If the alternative is not acceptable to you we will deduct the cost of the unavailable Goods from the overall sum due to us and the Goods can be sourced by you elsewhere (If we are installing please see condition 13).

16.   PRODUCT DIFFERENCES 

   Whilst every effort will be made to stay with colour/shade chosen by you the exact colour/shade cannot be guaranteed.  In particular where natural products are used (timber/granite) you must expect variations in colour/shade/grain/texture etc.  We will not be responsible for any such differences.

We will not be held responsible for the normal slight imperfections inherent in the manufacture of real glass or quartz products.

17.   COMPLAINTS PROCEDURE Available on request or can be downloaded from www.simplykitchensuk.com.  Complaints must be made in writing.

18.   PLANS, IMAGES, QUOTATIONS AND ORIGINAL WORKS

18.1. All images, descriptive dimensions/plans and documentation issued to you for your information, and other information as may be required, shall not be copied, reproduced or communicated to any third party without our prior permission. 

18.2. Such documentation is for guidance only and illustrated room dressings eg pictures/plants/lights etc are for aesthetic purposes only.  Only the Goods/Services listed on the Order will be provided.

18.3. Any images, descriptive dimensions/plans, documentation, samples, or advertising we issue, and any illustrations contained in our brochures or on our website, are produced solely to provide you with an approximate idea of the Goods they describe.

19.   FORCE MAJEURE

We will not be liable for any destruction, damage or delay arising from circumstances happening beyond our control (war, civil commotion, strikes, lockout and industrial disputes, fire, explosion, floods or bad weather or other act of God).

20.   DATA PROTECTION

All personal data acquired by us shall be used for the purposes of this agreement and shall not be further processed/disclosed (other than is necessary for our contractual/legal obligations and legitimate interests) without your consent; in line with our Privacy Policy which is available on request.  

21.   JURISDICTION

Governing law and jurisdiction: These terms and conditions and any contract arising there from, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.