Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
These Terms shall be governed and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Welcome to the KitchenUnits4U website terms and conditions for use. These terms and conditions apply to the use of this website at www.KitchenUnits4U.co.uk by accessing this website and/or placing an order, you agree to be bound by these terms and conditions.
Using this website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us. If you do not accept these terms, do not use this website.
The www.kitchenunits4u.co.uk website is operated by Wells Kitchens Ltd, a company registered in England and Wales, whose registered office is at Vestry Court, 1, Vestry Road, Street, Somerset, United Kingdom BA16 0HY
Our company registration number is 11700041.
Our contact details are as follows:
Unit 5 Keward Park,
General email: email@example.com
Telephone number: 01749 679753
1.1.You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.2.We may revise these terms and
conditions at any time by updating this posting. You should check this Website
from time to time to review the then current terms and conditions, because they
are binding on you. Certain provisions of these terms and conditions may be
superseded by expressly designated legal notices or terms located on particular
pages of this Website. If you do not wish to accept any new terms and
conditions after we have given notice, you should not continue to use this
2. ORDERING FROM US
2.1.You are deemed to place an order with us by ordering via our online checkout process OR verbally by phone. As part of our online checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
2.2.Our acceptance of an order takes place when we despatch the order. We will send you a despatch confirmation by email. When we despatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.
2.3.We may refuse to accept an order:
a) where goods are not available;
b) where we cannot obtain authorisation for your payment;
c) if there has been a pricing or product description error; or
if you do not meet any eligibility criteria set out in our terms and
3. DELIVERY OF GOODS TO YOU
3.1.We will deliver the Goods ordered by You to the address You give us for delivery at the time You make your order and in accordance with the level of delivery service You have selected at the time You make Your order.
3.2.You will become the owner of the Goods You have ordered when they have been delivered to You. Once Goods have been delivered to You they will be held at Your own risk and We will not be liable for their loss or destruction.
3.3.Any dates specified by Us for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time.
3.4.Subject to the other provisions of these terms and conditions We shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods nor shall any delay entitle You to terminate the Contract unless such delay exceeds 30 days and subject to our Cancellations and Returns Policy (section 6.5).
3.5.If for any reason You fail to accept delivery of any of the Goods, or We are unable to deliver the Goods on time because You have not provided appropriate labour, instructions, documents, licences or authorisations:
a) risk in the Goods shall pass to You;
b) the Goods shall be deemed to have been delivered; and
c) We may store the Goods until delivery, whereupon You shall be liable for all related costs and expenses (including, without limitation, storage, costs of rearranging delivery and insurance).
3.6.You must ensure that, at Your own expense adequate and appropriate equipment and manual labour is available for unloading the Goods at the place where the Goods are to be delivered.
3.7.We may deliver the Goods to You by separate instalments. In such cases We will endeavour to co-ordinate the separate deliveries as much as possible.
3.8.Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment entitles You to repudiate or cancel any other Contract or instalment.
3.9.Upon delivery of the Goods You are
responsible for inspecting the Goods and reporting to Us within 2 working days
any alleged defect, fault or error before the Goods are used or fitted. We
shall have no liability for any claim in respect of an alleged defect, fault or
error which would be apparent on inspection before use or fitting.
4.1.The quantity of any delivery of Goods as recorded by Us or Our suppliers upon despatch from Our or Our supplier’s place of business shall be conclusive evidence of the quantity received by You on delivery unless You can provide conclusive evidence proving the contrary.
4.2.We shall not be liable for any non-delivery of Goods (even if caused by Our own negligence) unless You give written notice to Us of the non-delivery within 2 working days of the date when the Goods would in the ordinary course of events have been received.
4.3.Any liability of Us for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time.
4.4.If You, the Customer, are not in on
an agreed delivery day and the goods are not delivered due to this then a
re-delivery charge will be applied and the current delivery rate for the
5.1.All prices are shown including VAT. The VAT amount is shown at checkout and on the order confirmation, invoice sent to You.
5.2.Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.
5.3.Our prices are reviewed periodically
and the next review will be on 01/01/2021.
6. CANCELLATION AND RETURNS POLICY
6.1.Our kitchens (carcasses and doors) are 'Made to Order' and cannot be cancelled or returned for any reason and are subject to our Cancellations and Returns. See section 6.5.
6.2.If you wish to cancel your order:
a) you can notify us by email to firstname.lastname@example.org before we have dispatched the goods to you; or
b) where goods have already been dispatched to you, by returning goods to us in accordance with clause 6.3 below.
6.3.You can return goods you have ordered from us (excluding Kitchen units which are 'made to order' or other 'special order items') for any reason at any time within 14 days of receipt for a refund (full refund only available if unopened and in re-sellable condition). The costs and risks of returning goods to us shall be borne by you.
6.4.Upon receipt and inspection of the goods we will give you a full refund of the amount paid provided they are unopened and in re-sellable condition.
6.5.The rights to cancel or return the goods to us as referred to in clause 6.4 will not apply in the following circumstances:
a) the product has been used;
b) purchased from point of sale (face to face) ; or
any products that we have made
to order and/or customised or specifically ordered for you.
The provisions of this clause 6.5 do not affect your statutory rights.
7.1.You are permitted to print and download extracts from this Website for your own use on the following basis:
a) no documents or related graphics on this Website are modified in any way;
b) no graphics on this Website are used separately from accompanying text; and
c) any of our copyright and trade mark notices and this permission notice appear in all copies.
7.2.Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 7.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
7.3.Subject to clause 7.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
7.4.Any rights not expressly granted in these terms are reserved.
8. SERVICE ACCESS
8.1.While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
8.2.Access to this Website may be
suspended temporarily and without notice in the case of system failure,
maintenance or repair or for reasons beyond our control.
9. VISITOR MATERIAL AND CONDUCT
9.2.You are prohibited from posting or transmitting to or from this Website any material:
a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
b) for which you have not obtained all necessary licences and/or approvals;
c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
9.3.You may not misuse the Website (including, without limitation, by hacking).
9.4.We will fully co-operate with any law
enforcement authorities or court order requesting or directing us to disclose
the identity or locate anyone posting any material in breach of clauses 9.2 or
10. LINKS TO AND FROM OTHER WEBSITES
10.1. Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
10.2. If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
a) you do not remove, distort or otherwise alter the size or appearance of the KitchenUnits4U logo;
b) you do not create a frame or any other browser or border environment around this Website;
c) you do not in any way imply that we are endorsing any products or services other than our own;
d) you do not misrepresent your relationship with us nor present any other false information about us;
e) you do not otherwise use any KitchenUnits4U trademarks displayed on this Website without our express written permission;
f) you do not link from a website that is not owned by you; and
your website does not contain content that is
distasteful, offensive or controversial, infringes any intellectual property
rights or other rights of any other person or otherwise does not comply with all
applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 10.2 for breach of these terms and to take any action we deem appropriate.
10.3. You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 10.2
11.1 To register with www.KitchenUnits4U.co.uk you must be over eighteen
years of age.
11.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
11.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
12.1 While we endeavour to ensure that the information on this Website
is correct, we do not warrant the accuracy and completeness of the material on
this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material
on this Website may be out of date, and we make no commitment to update such
12.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
13.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
13.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
13.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
13.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any reach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
14. GOVERNING LAW AND JURISDICTION14.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
14.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
15.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
15.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
15.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.