Terms and Conditions
Last updated: [Date]
These terms tell you who we are, how we will supply your kitchen or joinery, how you and we may change or end the contract, what to do if there is a problem, and other important information. Please read them before you place an order. We recommend you save or print a copy.
1. Who we are and how to contact us
We are [Company name], a company registered in England and Wales under company number [Company number]. Our registered office is at [Registered address]. Our VAT number is [VAT number].
You can reach us by email at [Email address], by telephone on [Telephone number], or by WhatsApp on the same number. If we need to contact you we will do so by telephone, email, or by writing to the address you gave us when ordering.
Our kitchens and joinery are designed in the United Kingdom and hand built at our partner workshop in Portugal. We remain the party you contract with and the party responsible to you throughout.
2. These terms
These are the terms on which we supply goods and services to you. They apply to consumers. If you are buying as a business, in the course of a trade, or through a design practice or contractor, different terms apply and we will issue those separately.
If you do not agree to these terms we will not be able to supply you. By paying a design fee or a deposit you confirm that you accept them.
3. Quotes and estimates
Any figure produced by the estimator on our website, quoted in conversation, or given before a site survey is indicative only. It is not an offer and it does not bind either of us. Prices shown on our website are reviewed periodically and may change.
A binding price is only created when we issue a written quotation following a site survey and you accept it. Unless we say otherwise in writing, a written quotation is valid for [30] days from its date.
We will tell you in the quotation what is included and what is not. Where an allowance is given for an item we do not supply, that allowance is an estimate and the final cost of that item is a matter between you and the supplier concerned.
4. The design stage
Before we can quote accurately we carry out a design stage. The design fee is [£950], payable in advance.
The design stage includes a site survey, hand drawings, a three dimensional visualisation, physical material samples, and up to [two] rounds of revisions. Further revisions beyond that may be chargeable and we will tell you before any charge is incurred.
If you go on to place an order with us, the design fee is credited in full against the price of your kitchen. If you decide not to proceed, the design fee is not refundable, because the work has been carried out.
All drawings, visualisations, specifications and designs we produce remain our intellectual property. You may use them for the purpose of your own project. You may not pass them to another supplier to manufacture from, or reproduce them commercially, without our written consent.
5. Placing an order
Your order is placed when you sign our written quotation or confirm your acceptance of it in writing, and pay the deposit. A contract comes into existence at that point and not before.
Before we begin manufacture you must approve the final drawings and specification in writing. That approval is important, because manufacture is made specifically to those drawings. Please check dimensions, materials, finishes, handing of doors, and appliance specifications carefully.
6. Price and payment
Unless stated otherwise, prices include VAT at the prevailing rate and include design, cabinetry manufactured to your measurements, your worktop, hardware, delivery to your address, and installation by our own team.
Prices do not include appliances, flooring, electrical work, plumbing, building work, decoration, or making good. Where you ask us to arrange any of these we will quote for them separately.
Payment stages are as follows unless your quotation says otherwise:
We accept payment by bank transfer [and card]. If a payment is not made when due we may suspend work, including manufacture, delivery and installation, until payment is received. We may charge interest on overdue sums at [4%] above the Bank of England base rate, accruing daily.
Beware of payment fraud. Our bank details do not change. If you receive an email appearing to come from us that gives different account details, do not pay it. Telephone us on the number above to verify before transferring any money.
7. Your right to cancel, and why bespoke goods are different
Because our kitchens and joinery are made to your measurements and your specification, they are goods made to your specifications or clearly personalised. Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 this means that you do not have the usual fourteen day right to cancel once manufacture has begun.
That said, we would rather you were certain than contracted. So:
- You may cancel at any time before you approve the final drawings and we begin manufacture. Your deposit will be refunded, less the design fee and less any costs we have already reasonably incurred at your request.
- Once the cutting list has been issued to the workshop, materials are cut to your dimensions and cannot be reused. From that point cancellation will mean you are liable for the costs we have incurred, up to the full order value. We will tell you in writing the date on which your cutting list locks, so that the point of no return is never a surprise.
This section does not affect your legal rights if goods are faulty, not as described, or not fit for purpose. Those rights are set out in section 13.
8. Changes to your order
If you want to change your order, tell us as soon as possible and we will confirm whether the change is possible, what it will cost, and how it affects the timescale.
Changes requested before the cutting list is issued can usually be accommodated. Changes after that point may require items to be remade and will be chargeable.
We may make minor changes to a specification to reflect improvements, changes in law, or the unavailability of a material. Where a material becomes unavailable we will offer you the closest equivalent and will not charge you more for it. If a change is significant we will tell you and you may cancel that part of the order and receive a refund for anything paid for but not received.
9. Lead times, delivery and installation
Our usual lead time is [10 to 14 weeks] from written approval of final drawings, followed by [four to seven days] on site for installation. Lead times are estimates and are not of the essence unless we have agreed a fixed date with you in writing.
Your kitchen is delivered fully assembled in protective crates on our own consignment. Delivery is to the address stated in your quotation. You must ensure there is safe and lawful access for a vehicle of the size we tell you, and that there is a clear route into the property.
If we cannot deliver or install because of something you have not done, we may charge you our reasonable additional costs, including storage, redelivery and abortive labour.
Your responsibilities before we arrive
Installation assumes the room is ready. Unless we have agreed otherwise in writing, before our fitting team arrive you must ensure that:
- all building work, plastering and screeding is complete and dry
- walls and floors are square, level and sound within normal building tolerances
- first fix electrics and plumbing are in place in the agreed positions
- the room is clear, and there is access to power, water and welfare facilities
- any appliances you are supplying are on site, with their instructions
If the room is not ready we may have to reschedule, and additional visits may be chargeable.
If your programme slips
Renovations run late and we understand that. If your builder's programme slips, we will store your completed kitchen at our workshop free of charge for up to [eight weeks]. Beyond that period a storage charge of [Amount] per week may apply, and we will tell you before it starts. Storage does not delay the point at which the balance falls due unless we agree that in writing.
10. Risk and ownership
Goods are at your risk from the time of delivery to your address. Ownership passes to you only when we have received payment in full of all sums due under the contract.
Until ownership passes you must store the goods safely and separately, keep them protected, and not dispose of or encumber them.
11. Natural materials
Timber, veneer and stone are natural materials. Grain, colour, figure, knots and veining vary between boards, between slabs, and between production batches. Samples show a representative example and not an exact match.
Timber will move slightly with changes in humidity and temperature, and many finishes will change tone with exposure to daylight. Oak in particular darkens over the first years, and unlacquered brass will patinate. These characteristics are inherent to the material and are not defects.
We will always tell you honestly how a material is expected to behave before you choose it.
12. Guarantee
We guarantee our cabinetry, hinges and runners against defects in materials and workmanship for [25] years from the date of installation, subject to the following.
Note for review: the exact term, what it covers, what it excludes, and whether it is transferable on sale of the property all need to be confirmed and approved before publication.
The guarantee covers:
- cabinet carcasses and their construction
- hinges and drawer runners
- painted, lacquered and veneered finishes for [10] years
The guarantee does not cover:
- fair wear and tear
- damage caused by accident, misuse, or failure to follow our care instructions
- damage caused by water ingress, steam, excessive heat, or leaving surfaces wet
- natural variation, movement or colour change in timber and stone, as described in section 11
- goods that have been altered or repaired by anyone other than us
- worktops and appliances supplied by third parties, which carry their own manufacturer guarantees which we will pass to you
To make a claim, contact us using the details in section 1. Our guarantee is in addition to, and does not affect, your legal rights.
13. If there is a problem
Please tell us as soon as possible. Email us at [Email address] or telephone us, and we will respond within [two] working days.
You have legal rights under the Consumer Rights Act 2015. In summary, goods we supply must be as described, fit for purpose and of satisfactory quality, and services must be carried out with reasonable care and skill. Nothing in these terms limits those rights. For more detail, contact Citizens Advice on 0808 223 1133 or visit citizensadvice.org.uk.
If we cannot resolve a complaint between us, you may be able to refer it to [Alternative dispute resolution provider, if a member].
14. Our liability to you
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 or our failure to use reasonable care and skill. We are not responsible for loss or damage that is not foreseeable.
We do not exclude or limit our liability in any way where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for breach of your legal rights in relation to the goods, and for defective products under the Consumer Protection Act 1987.
We are not liable for business losses. We supply goods for domestic and private use. If you use the goods for any commercial or business purpose we will have no liability to you for loss of profit, loss of business, business interruption, or loss of business opportunity.
We are not responsible for delays or failures caused by events outside our reasonable control. If such an event occurs we will contact you as soon as possible and take steps to minimise the delay. If the delay is substantial you may contact us to end the contract and receive a refund for anything paid for but not received.
15. Ending the contract
We may end the contract if you do not make a payment when it is due and you still do not make payment within [14] days of our reminding you, if you do not within a reasonable time provide us with information or access we need, or if you do not within a reasonable time allow us to deliver or install. If we end the contract for any of these reasons we may keep sums already paid and charge you reasonable compensation for the costs we incur as a result.
16. Other important terms
We may transfer our rights and obligations under these terms to another organisation. We will tell you in writing if this happens and will ensure that the transfer does not affect your rights under the contract.
You may only transfer your rights or obligations under these terms to another person if we agree in writing. We will not unreasonably withhold agreement. You may transfer our guarantee to a new owner of the property where we agree in writing, subject to section 12.
This contract is between you and us. No other person has any right to enforce any of its terms.
Each paragraph of these terms operates separately. If any court or relevant authority decides that any of them is unlawful, the remaining paragraphs remain in full force.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you, that will not mean you do not have to do those things, and it will not prevent us taking steps against you later.
These terms are governed by English law and you can bring legal proceedings in the English courts. If you live in Scotland you can bring legal proceedings in the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in the Northern Irish or the English courts.