WINDSOR KITCHENS SUPPLY ONLY
This contract is made under the following terms and conditions. Please read them carefully and ask for further explanation if any item is unclear.
1.0 Parties to the contract
1.1 The contract is between you the buyer and Windsor Kitchens the seller. The goods shall be the products which are supplied by the seller to the buyer according to these terms and conditions.
2.0 Price and payment
2.1 The price payable to the seller by the buyer for goods is as displayed on the web site and confirmed by the seller. For special items or items sourced upon request by the buyer the price is as confirmed by the seller.
2.2 The seller reserves the right to alter the price of any goods prior to delivery if deemed necessary due to change in cost to the seller in supplying these goods. In this case the buyer will be informed of any change prior to delivery.
2.3 The Seller shall not be liable for any delay in delivery howsoever caused. Late delivery of the Goods does not entitle you to reject the Goods, terminate the Contract or withhold payment of any part of the price.
2.4 The Seller reserves the right to make delivery of the Goods by instalments. Failure by the Seller to deliver the Goods in a single instalment constitutes no right on the Buyers behalf to repudiate any part of the Contract.
2.5 Deviations in quantity of the Goods delivered from that stated in the Buyer’s order shall give the Buyer no right to reject the Goods or to claim damages. The Buyer shall be obliged to accept and pay at the hitherto stated rate for the quantity of the Goods delivered.
2.6 Unless otherwise stated all prices are exclusive of VAT.
2.7 The seller reserves the right to alter the price and specifications of any goods advertised on the web site without prior notice.
2.8 The Seller reserves the right to not deliver and instead refund the cost of any items should they become unavailable through our normal suppliers after the items are purchased by the Buyer.
2.9 The buyer can make payment for the goods in one of three ways. If the items are ordered through the web site immediately, then payment of 100% of the price of the goods is made using any major credit or debit card via secure servers. If a 'call back' is requested the buyer may pay 100% of the price of the goods via bank transfer, or alternatively over the phone using any major credit or debit card. A third option exists for trade customers with previous purchasing history and on acceptance by the seller. In this case 70% will be paid on confirmation of an order and 30% on delivery.
2.10 The seller retains ownership of the goods until payment in full has been made by the buyer to the seller.
3.0 Completion and Delivery
3.1 Delivery will in most cases be made direct from the sellers address to the buyers address. In some cases goods may be delivered direct from the manufacturer or distributor if deemed by the seller to be necessary.
3.2 Delivery times are given in good faith and are an indication only. The seller cannot be held responsible for any direct or indirect expenses caused due to late delivery. The seller will always do everything within their power to keep to a delivery date, but there may be reasons outside of their control that cause delays.
3.3 The seller will always inform the buyer of any predicted delays as soon as practically possible.
3.4 Late delivery does not constitute a reason for the buyer to cancel the contract or refuse or delay payment.
3.5 The seller reserves the right to deliver the goods in more than one visit when deemed necessary.
3.6 The seller remains responsible for the goods until delivered and signed for, at which time the buyer takes responsibility for the goods.
3.7 Where a failed delivery takes place and additional delivery, storage or other costs are incurred when meeting the Buyers requirements, all additional costs will be passed on to the Buyer.
3.8 Additional delivery and storage charges will also be levied to the Buyer when the Buyer gives insufficient warning of a delivery cancellation or rearrangement. Typically, insufficient warning means any time within 10 working days prior to the arranged delivery date.
3.9 The Seller will charge 5% of the order value per 7 day week from delivery into the Seller’s warehouse of any order delayed delivery if not the fault of the Seller but the Buyer beyond the original agreed delivery date.
3.10 The Buyer is under a duty whenever possible to inspect the Goods on delivery. Where the Goods are sent by courier and/or cannot be examined, the carriers’ delivery note must be marked “unexamined”.
3.11 The Seller shall be under no liability for any damage or shortages that would be apparent on careful inspection if the terms of this clause are not complied with and, in any event will be under no liability if a written complaint is not delivered to the Company within seven working days of delivery detailing the alleged damage or shortage.
3.12 In all cases where defects or shortages are complained of the Seller shall be under no liability in respect thereof unless an opportunity to inspect the Goods is supplied to the Seller before any use is made thereof or any alteration or modification is made thereto by the Buyer.
3.13 Subject to clause 3.2 and 3.3, the Seller agrees to make good any shortage in the Goods and where appropriate replace any goods damaged in transit as soon as it is reasonable to do so, but otherwise shall be under no liability whatsoever arising from such shortage or damage.
3.14 The seller retains ownership of the goods until payment has been received in full.
3.15 The buyer is responsible for informing the seller of any difficult conditions at the delivery address. The seller reserves the right to leave the items in a safe and secure location chosen by the delivery team should this be necessary.
3.16 The buyer must be present to receive the delivery and sign for it. Should the buyer not be present a person or persons whom the buyer has previously informed the seller of must be present.
3.17 It is advised that the buyer inspects the good upon delivery. Any claims of missing items or damaged items must be made within three working days of the delivery by telephone or seven working days in writing. Any claims after this period will not be accepted.
4.0 Cancellation, returns and replacements.
4.1 The buyer has the right to cancel within seven days of delivery. The buyer must inform the seller of this wish either by post or e-mail within this timescale. This right does not apply to made-to-measure items such as cabinets, drilled doors, or any bespoke items. This right is also subject to our return procedures.
4.2 Any goods that the buyer wishes to return must be done so to an address specified by the seller and at the buyer’s expense. The goods must be received in a new and re-sellable condition. The responsibility for the goods, remain the buyers until the seller has inspected the returned goods and confirmed that they are in acceptable condition.
4.3 The buyer will be charged a re-stocking fee of 25% of the price of the goods.
4.4 The seller will refund the price of the goods to the buyer minus any re-stocking charges by direct bank transfer or cheque within a reasonable timescale normally ten working days.
4.5 The buyer is responsible for specifying the requirements of any special or made to measure or bespoke items, which will be confirmed in an order acknowledgement sent to the Buyer. All bespoke items will be manufactured according to this order acknowledgement.
4.5 In the case of made to measure items which includes all cabinets, drilled doors, and any bespoke items, the buyer remains liable for the full price of such items once an order has been placed and an order acknowledgement has been sent to the buyer.
4.6 Any missing items or faulty items that are reported within the timescale specified above will be repaired or replaced at the seller’s expense.
4.7 The seller retains the right to repair rather than replace items if deemed appropriate by the seller.
4.8 The matching of carcass board and door is subjective and the seller’s choice of board is final. It is the buyer’s responsibility to obtain a sample of the carcass board and notify the seller of any special requests prior to placing an order.
4.9 When painted products are used it is normal for retouching to be necessary after the customer installs the products. This may be due to variation in the painted finish as well as minor flaking of the paint during delivery. The seller cannot be held responsible for such work nor accept refunds, returns, or cancellations because of the above.
5.0 Warranties and guarantees
5.1 It is the Buyer’s responsibility to ensure that the Goods are suitable for the purpose to which they are intended to be used.
5.2 No representation or warranty is given as to the suitability or fitness of the Goods for any particular purpose and the Buyer shall satisfy itself in this respect and shall be totally responsible therefore.
5.3 If the Buyer has any specific requirements for the use of the Goods the Buyer must notify these requirements to the Seller in writing before purchasing the Goods.
5.4 If the Buyer is unsure as to the suitability of any Goods for a particular purpose it should consult the Seller prior to purchase.
5.5 If the Goods are in such a state as would but for this condition entitle the Buyer to repudiate the contract and/or claim damages from the Seller, the Seller reserves the right to repair or replace the Goods.
5.6 Cabinet carcasses come with a full lifetime warrantee against manufacturing faults.
5.7 Appliances, worktops, doors and accessories, sinks and taps come with the manufacturers own warranties. The terms of the warranties are specified either on the seller’s web site or in the manufacturers own web site or literature.
5.8 All Blum drawer fittings and hinge fittings are covered by a lifetime guarantee against manufacturing faults.
6.0 Limitation of liability.
6.1 The Seller shall not be liable for any indirect, incidental, consequential loss arising out of the Contract or the performance or any use of the Goods or Services.
6.2 Nothing in clause 11 shall be deemed to exclude or restrict the Seller’s liability for death or personal injury resulting from the Sellers negligence.
6.3 The price shall 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.
6.4 The maximum liability of the Seller under any Contract between the Buyer and the Seller is limited to the price quoted.
6.5 This clause only covers defects caused by faulty design, manufacture, materials or workmanship. It does not cover defects caused by abnormal use, misuse or neglect. It does not cover faulty design, manufacture materials or workmanship supplied or undertaken by the Buyer or third parties. In respect of goods not designed or manufactured by the Seller, the Seller only gives such guarantee or warranty to the Buyer as the Company itself receives. The Seller agrees that if any defect covered by clause 11.5 is discovered during the period of twelve months commencing from the date of despatch, the Seller will either repair the Goods at its own expense or, if it chooses to do so, replace them. The Seller does not bear any responsibility for defects arising or introduced by a Buyer in the course of storage or handling
of the products where that Buyer acts as an agent or distributor of the Seller’s products. The Buyer should consult the Seller if any doubt exists with regard to the appropriate storage or handling requirements of the Goods. The Buyer must inform the Seller of any defect applicable to this clause within 3 working days of discovery. These Goods are to be returned to the Seller, at the Buyers expense in the same fit state as the Goods were delivered to the Buyer. The risk of accidental loss while the Goods are being returned will be borne by the Buyer. In consideration for receiving the benefit of this clause, the Buyer agrees that, apart from those terms set out in Clauses 9 and 10, no other terms, conditions, warranties or nominate terms, express or implied, statutory or otherwise, shall form part of this Contract.
6.6 Exclusion of Consequential Loss the Seller shall not be liable for any consequential or indirect loss suffered by the Buyer whether this loss arises from breach of duty in Contract or in any other way (including loss arising from the Seller’s negligence). Examples of consequential or indirect loss are, but not limited to: loss of profits, loss of contracts, damage to property of the Buyer or anyone else, and personal injury to the Buyer or anyone else (except when such injury is attributable to the Seller’s negligence).
6.7 Limitation the Seller’s total liability for any one claim or for the total of all claims arising from any one act or default of the Seller (whether arising from the Seller’s negligence or otherwise) shall not exceed £1,000,000.
7.0 Delay or Failure to Perform
7.1 The Seller shall not be held liable to the Buyer if the Seller is prevented or delayed in the performance of any obligations to the Buyer if this is due to any cause beyond the Seller’s reasonable control, for example but not limited to: An act of God, explosion, flood, fire or accident. War or civil disturbance. Strikes, industrial action or stoppages of work. Any form of government intervention. A third party act or omission. Failure by the Buyer to provide the Seller with a correct e-mail or delivery address or notify us of any change of address, or inform us of any highway restrictions preventing delivery to the Buyer. Shortage of materials, labour or manufacturing facilities.
7.2 Should the Seller be prevented from delivering in the above circumstances, it shall give the notice of this fact as soon as reasonably practicable.
7.3 If the circumstances preventing delivery are still continuing three months after the Buyer receives the Seller’s notice, then either party may give written notice to the other cancelling the Contract.
7.4 If the contract is cancelled in this way, the Seller will refund any payment which the Buyer has already made on account of the price (subject to deduction of any amount the Seller is entitled from the Buyer) but the Seller will not be liable to compensate the Buyer for any further loss or damage caused by failure to deliver.
8.0 Links to other web sites.
8.1 The seller’s web site has a number of links to other sites. When the buyer views these other sites they are subject to those own web sites terms and conditions. The seller accepts no liability for their content or the buyer’s use of them.
9.1 The seller and buyer submit to the exclusive jurisdiction of the English courts even when the buyer is located outside of England.
10.2 All rights reserved. Any unauthorised copying of material either in part or in whole from any where on this website will be considered an infringement of copyright, and may lead to legal action being taken against the offender by Windsor Kitchens .