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1.WHO WE ARE
We (Designs By Us Limited) are a limited liability company registered in England and Wales with Company Registration Number 12151124 and whose registered office is situated at: Elmwood House, High Street, Croxton, Cambridgeshire PE19 6SX.
2.THESE TERMS
These terms apply to all contractual agreements made between us and you, the customer. We may change these terms from time to time. Please check them before you make a new purchase.
None of your statutory rights are affected by these terms.
Any order you place with us (“Order”) is subject to these terms and conditions. You should read them very carefully as they contain some very important terms.
If you have any questions about any part of these terms or would require the same in larger print please contact us at the number quoted on this page.
These terms are standard and non-negotiable. They supersede all other terms whether oral or written. Our sales staff will do the best to help, but are not authorised to do any of the following:
– Make any variations to these terms;
– Make any representation, agree any condition or enter into any collateral agreement;
– Accept any offer or counter-offer by you.
The Managing Director may from time to time by means of a written notice to you make alterations to these terms but only in relation to the individual order in question.
3.QUOTATIONS
All quotations sent to you are contractual offers on our part.
Our Quotations are valid for a period of 14 days. No binding contract is formed between us until such time as:
– you accept our Quotation by confirming the same by telephone, email or fax; and
– Payment is received by us by bank transfer or by cheque in the form of either the whole price of the Quotation (the “Price”) or a non-refundable deposit (the “Deposit”) amounting to not less than 50% of the Price for kitchens, 25% for bathrooms and other projects such as extensions will be negotiable.
The products and services to be supplied and installed (where applicable) will be set out in the Quotation. Unless otherwise stated in the quotation, the installation of any goods supplied is your responsibility and is not included in the Price.
They are also subject to correction of any errors or omissions whether on your part or ours.
Note – once a quotation is accepted by you an “Order” is created and a one-off binding contract between the two of us (“Contract”) is also created. This does not under any circumstances constitute a continuing contractual relationship (whether renewable or otherwise) between us.
Once you have paid the Price and we have discharged our delivery and performance obligations, the contractual relationship between us is terminated.
4. THE PRICE
An initial Deposit of 50% for kitchens and 25% for bathrooms of the purchase price is payable as a condition precedent to the forming of a Contract. The next payment will be invoiced on delivery of the order and the final balance is the installation fee which is invoiced and due on completion of work.
5. AVAILABILITY
All items are subject to availability. We can only guarantee availability whilst stocks last. If the goods ordered are unavailable, we will contact you with suggestions of goods of equivalent quality and price.
6.DESCRIPTION
We will use our reasonable endeavours to display as accurately as possible the colours of our products that appear on our Web Site and brochures and at our showrooms. However, we cannot guarantee that the display of any colour will accurately reflect the colour of the actual product. You should be aware that the nature of timber is that it does naturally vary and it may not always be possible to obtain an exact colour match, especially where orders are not made contemporaneously.
We will do our best to be as accurate as possible in our all descriptions, however please note that all sizes, weights and measurements quoted must be treated as approximate.
7.PAYMENT
You can pay for your order by bank transfer. We will take all reasonable care to keep your order details and payment secure, but, unless we are negligent, we will not be liable for any losses if an unauthorised third party obtains access to your information.
We will confirm acceptance (or otherwise) of your order as soon as possible, either by email or by telephone (if your order is placed over the telephone). A binding agreement arises once we accept our Quotation and deposit has been made.
8.RETENTION OF TITLE
Ownership of all goods sent to you remains ours and will not pass to you until one of the following events occurs:
(1) We are paid for all of the goods and services supplied to you by us and no other amounts are owed by you to us in respect of other goods or services supplied to you.
(2) Where Goods are attached to or incorporated in other goods or are altered by you, ownership of goods shall not pass to you purely by virtue of the attachment, incorporation or alteration if the Goods remain identifiable and, where attached to or incorporated in other goods, can be detached or removed from them.
(3) You must store the Goods separately from any other goods until one of the following events occurs;
a) They become your property in accordance with these terms;
b) They are attached to or incorporated in other goods; or
c) They are delivered to a third party.
(4) If you are overdue in paying for any goods or services supplied by us to you we are entitled to recover possession of those goods and to resell them.
You must allow us entry onto your premises for the purposes of exercising our rights under this clause. If necessary, you must allow us to detach or remove goods from any other goods. This does not affect any other rights you may have.
9.DELIVERY
We only deliver to addresses in Mainland UK.
Our standard delivery times and schedules run from Monday to Friday 6am to 7pm. Any agreed delivery time outside of these hours may result in an additional charge being made.
Time for performance of any obligations under any contract is not of the essence.
Delivery dates mentioned in any Quotation, Order or other document are approximate only and not of any contractual effect. We shall not be liable for any delay in delivery howsoever caused. Late delivery of the Goods does not entitle you to do any of the following:
(1) Reject the Goods
(2) Terminate the contract
(3) Withhold payment of any part of the Price.
We will be responsible for any damage to goods sustained during transit but any damage caused to those goods once delivery has been accepted by you will be your responsibility.
10.INSTALLATION
Where we do agree to install any item or appliance you must check the installation for faults with the installation fitter. If any further marks or faults are found after the completion, you must inform us in within 48 hours. It will be at our discretion to rectify any faults thereafter.
11.FAULTS/MIS-DELIVERY
In the unlikely event of mis-delivery or faults, we will use all reasonable endeavours to resolve the complaint as soon as possible.
For special order terms or units which have to be made, an indication of the period of delay will be given by the Company.
12. SURVEY AND DESIGN
If you are ordering a brand-new kitchen from us we may carry out a survey at your premises prior to issuing a Quotation. We will design and plan the kitchen free of charge. This will include up to 3 designs if the customer wants to make alterations to see on the design e.g. door colour, door style, kitchen layout.
You are responsible to ensure:
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the accuracy of any room dimensions given to us; and
(2) that any goods not supplied by us are suitable for use with our design.
13.LIMITATION OF LIABILITY
We shall not be liable for any indirect, incidental, consequential, loss arising out of the Contract or the performance or use of any of the goods or services.
The price will be affected by any material changes that you request or which are agreed provided for herein, even if we were advised of the possibility of such damages.
The maximum liability of either you or us under any Contract between us shall be limited to the Price.
After the survey, we reserve the right to make any deviation from the Quotation which would not materially affect the design if in our opinion it would facilitate the proper installation of any goods supplied to you by us.
14.DELAY OR FAILURE TO PERFORM
We shall not be liable to you if we are prevented or delayed in the performance of any of our obligations to you if this is due to any cause beyond our reasonable control for example but not limited to:
(1) an act of God, explosion, flood, fire or accident
(2) war or civil disturbance
(3) strikes, industrial action or stoppages of work
(4) any form of government intervention
(5) a third party act or omission
(6) failure by you to give us a correct email or delivery address or notify us of any change of address.
If this happens we shall inform you as soon as is reasonably practicable and if these circumstances continue for 30 days either you or we will be free to cancel the contract. If so, we will give you a full refund of any payment we have received from you within 30 days of cancellation.
15. WAIVER
No waiver by us of any breach of these conditions shall constitute a waiver of any other breach. No failure by us to exercise any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
21. JURISDICTION AND LAW
Any disputes arising out of these terms and conditions will be dealt with exclusively by the Courts of England and Wales and will be exclusively subject to English law only.