Cancellation and Returns Policy

Cancellation & Returns Policy

This Cancellation & Returns Policy (the ‘Policy’) applies in conjunction with our eCommerce Terms and Conditions (the ‘Terms’) and governs your return of any products (the ‘Products’) that we supply to you via our website www.tradekitchensforall.co.uk (the ‘Website’).

We reserve the right to amend this Policy at any time.

1. This Policy

We acknowledge that you may, from time-to-time, purchase Products from us and simply wish to change your mind in respect of those Products. Furthermore, there may be a rare instance where we have supplied an incorrect Product to you, or such Product is not of the highest of quality that either you or we would expect it to be.

This Policy is intended to provide you with a simple and easy way of returning any Products to us in the scenarios mentioned above.

If you have any questions regarding this Policy, then please contact us by:

• emailing, at sales@tradekitchensforall.co.uk; or
• telephone at 01772 682002; or
• by writing to us at Long Meadow Farm, Church Lane, Clifton, Preston, Lancashire, PR4 0ZE; or
• by using the online contact us form via our Website.

If you have any further questions regarding your key legal rights in respect of Products that we have supplied, please visit the Citizens Advice website wwww.adviceguide.org.uk or call 03454 04 05 06. Nothing in this Policy will affect your legal rights.

As mentioned within our Terms, this Policy allies to all customers who purchase our Products for any commercial, business or re-sale purpose (hereafter, ‘Business’) and to consumers who purchase our Products for any domestic purpose (hereafter, ‘Consumer’). We acknowledge that you may either be a Consumer or a Business and throughout this Policy, you will have differing rights and obligations depending on whether you have purchased Products under our Terms as a Business or a Consumer. This Policy will clearly identify which clauses apply only to Businesses and which clauses only apply to Consumers. Where no such indication is made, the relevant clause shall apply to both Businesses and Consumers.

Given that the majority of our Products are sold via our Website, in most instances our (Consumer) customers will have statutory cancellation rights under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the ‘2013 Regulations’).

2. Consumer Cancellation Rights: The Consumer’s Attention Is Drawn To This Clause

This clause only applies if you are a Consumer:

Right to Cancel

Where you have bought Products via our Website, under the 2013 Regulations you have a legal right to change your mind within 14 days of your receipt of the Products (‘Cancellation Period’) and receive a refund for any payments you have made without giving any reason.  The Cancellation Period will expire after 14 days from the date on which you receive the Products or if delivered in multiple lots, the date on which you receive the last Product.

Where you have purchased Products that involve being self-assembled and you have opened, unsealed or otherwise used the Products after delivery, for both hygiene or health reasons, and where self-assembly Products have been used and cannot be disassembled, under the 2013 Regulations you do not have a legal right to change your mind and cannot obtain a refund for such Products.

Cancellation rights under the 2013 Regulations do not apply in the case of your purchase of any made-to-measure or custom-made Products.

To exercise your right to cancel, you must, during the Cancellation Period, inform us of your decision to cancel the contract, keep the Products in your possession and take good care of them. You can do this be either contacting us on any of the contact details set out in clause 1 of this Policy or by completing the Model Cancellation Form set out at the end of this Policy.

Within 14 days of your notification to cancel the contract, you must return the unused Products to Trade Kitchens For All, Long Meadow Farm, Church Lane, Clifton, Preston, PR4 0ZE. When returning the Products, please ensure that the parcel is securely wrapped in their original condition in secure packaging in order to protect the Products from damage, and that it contains your cancellation number and all other information that we request from you.

Once your return is received and has been inspected by us, we will send you an email to notify you that we have received your returned Product. We will also notify you of the approval or rejection of your return request and whether we will make any deduction to any refund in line with clause 4 of this Policy.

You’re responsible for the costs of returning the Products to us unless they are defective or not what you ordered. If the Products are defective or not what you ordered, please see clause 3 Returns for Other Reasons below. If you do not return the Products to us within 14 days of notifying us of your cancellation, we may arrange for them to be collected from you and we may charge you for the cost of doing so.

Effects of Cancellation

If you cancel a contract, we will reimburse to you all payments received from you, including the costs of delivery (except for supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

We may make a deduction from the reimbursement for loss in value of any Products supplied if the loss is the result of unnecessary handling by you. Please clause 4 of this Policy below that identifies the situations whether we will make any deduction to any refund.

We will make the reimbursement without undue delay, and no later than:

• (a) 14 days after the day we receive back from you any Products supplied; or
• (b) (if earlier) 14 days after the day you provide evidence that you have returned the Products; or
• (c) if there were no Products supplied, 14 days after the day on which we are informed about your decision to cancel the contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly stated otherwise. In any event, you will not incur any fees as a result of the reimbursement.  We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products whichever is the earliest.

3. Returns For Other Reasons

If you are a Consumer:

As set out within the Terms, there may be another reason for which you wish to return the Products and receive a refund for the price that you have paid. Examples of such reasons include (but are not limited to):

• (a) where we have supplied incorrect Products; or
• (b) the Products supplied are not of satisfactory quality.

Your right to return the Products which are defective or damaged is subject to our terms of liability as set out in our Terms and your statutory rights as set out within the Consumer Rights Act 2015 (‘CRA 2015’) and which can be summarised as follows:

• (a) up to 30 days following delivery of the Products: if the Products are faulty (i.e. the Products are not what you have ordered, the Products are not of a satisfactory quality and/or are not fit for the purpose as stated in your Order Confirmation), you can reject the Products and receive a full refund;
• (b) up to 6 months following delivery of the Products: if the Products are faulty and we are not able to repair or replace the Products, then in most cases you can reject the Products and receive a full refund; and
• (c) up to 6 years following delivery of the Products: if you can prove that the Products were faulty at the time of delivery, then you have the right to receive a refund of replacement Products (in addition to any further contractual rights that you may have, which fall outside of the CRA 2015).

As specified in clause 9 of the Terms, you must inspect the Products upon the Products being delivered to you. Where you have received Products that are defective or damaged you must sign for them as ‘damaged’ and provide us with notice in writing, within 30 days of receipt of the Products, or 6 months should the defect or damage not be apparent on delivery taking place. 

If you provide notice to us in writing that any of the Products are defective in quality or condition or are not what you ordered in line with this clause 3, you agree to allow us to assess the nature of the alleged defect. In order for us to investigate whether we have failed to supply Products in conformity with the contract, you must return the Products in question to the address referred to in clause 2 above, within 14 days of notifying us in writing, unless we notify you that we shall arrange for the Products to be collected from you. Please note that you will initially be responsible for the costs associated with the return of the Products, which will be refunded to you if we find that we have failed to conform with the contract.

As is set out above, where you are a Consumer under the CRA 2015, if you do not provide us with notice that the Products delivered are not the Products you purchased within 30 days of delivery taking place, then you will not be able to reject the Products.

Following our investigation (which we will carry out as soon as possible following the successful return of the Products), we will notify you in writing of the result. We may at our sole discretion either:

• (a) repair the defective Products.
• (b) replace the defective Products (or the part in question) free of charge to the exclusion of all other remedies to the greatest extent permitted by law. If we’re replacing defective Products we are only obliged to deliver them to the same delivery address as the original delivery at which time risk in the Products passes to you and you’re responsible for onward transportation costs; or
• (c) refund the price (or a proportionate part of the price) of the defective Products in which case the defective Products shall become our property but we’re under no obligation to collect them from you or arrange for their disposal. We may ask you to return the Products to us quoting the returns number and will reimburse any reasonable costs in doing so.

Where we accept that we have failed to conform with the contract, any refund made to you for Products (including reasonable return costs) will be made within 14 days of us informing you of such acceptance.

Where we do not accept that we have failed to conform with the contract, we will inform you of the applicable costs associated with posting the Products back to you. Please note that if we do not accept that we have failed to conform with the contract, this does not restrict your right to further escalate such complaint further. We would recommend that you seek legal and practical advice regarding the legal procedure prior to doing so (please see clause 1 This Policy, above).

Nothing in these Terms seeks to limit or restrict our legal obligations or your rights under the CRA 2015.

This Policy does not cover Products which are faulty or damaged when the fault or damage is caused by you and you must therefore inspect and sign for the Products as damaged upon receipt to rely on this. You will be deemed to have damaged the Products where we reasonably determine that you have not followed the instructions for use, have misused the Products, neglected or not taken proper care of the Products, in line with clause 4 below.

If you are a Business:

We warrant that nay Products provided shall:

• (a) conform in all material respects with their description;
• (b) be free from material defects in design, material and workmanship;
• (c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
• (d) be fit for any purpose held out by us.

Upon delivery of the Products taking place in accordance with clause 9 of our Terms, you will be required to inspect the Products on delivery of these and ensure we are notified at the time of delivery of any damage to the Products.

Subject to the below, if:

• (a) if you give notice to us within 2 days from the date of delivery that the Products do not comply with the warranty provided in this clause 3;
• (b) we are given reasonable opportunity of examining such Products; and
• (c) you return the Products to us in the same condition that they were delivered to you (such reasonable return costs to be refunded to you if the Products are found not to comply with the warranty set out in this clause 3),

we shall, at our option, replace or repair the defective Products, or refund the price of the defective Products in addition to any reasonable return costs in accordance with this clause 3.

We shall not be liable for the Products failure to comply with the warranty set out in this clause 3 in any of the following events:

• (a) you make further use of such Products after giving notice in accordance with this clause 3;
• (b) the defect arises as a result of your Specification provided;
• (c) you alter, repackage, or repair the Products without the consent of us;
• (d) the defect arises as a result of fair wear and tear, willful damage, negligence, or abnormal storage or working conditions; or
• (e) the Products differ from the Specification as a result of changes made to ensure they comply with applicable statutory or regulation requirements or for their improvement in accordance with clause 7 of our Terms.

Except as provided in this clause 3, we shall have no liability to you in respect of the Products’ failure to comply with the warranty set out in this clause 3 and unless you provide us with notification that the Products on delivery are damaged or defective, you shall be deemed to have accepted the Products.

The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.

These Terms shall apply to any replacement or repaired Product supplied by us to you.

4. Deductions

If you handle the Products in a way which would not be acceptable in store, we may reduce any refund to compensate us for the reduced value of any Products supplied. For example, we may reduce your refund if:

• (a) the Products condition is not as it was when delivered, collected or taken from our store;
• (b) the Product has been used and further damaged;
• (c) the Products branded packaging is damaged; or
• (d) items or parts of the Product are missing.

In some cases, because of the way you have treated or mis-used the Products, no refund may be due even where you are exercising any cancellation rights under this Policy.

MODEL CANCELLATION FORM

To: Returns to Trade Kitchens For All, Long Meadow Farm, Church Lane, Clifton, Preston, Lancashire, PR4 0ZE: 

I hereby give notice that I cancel my contract of sale of the following goods:

Ordered on:

Name of consumer:

Address of consumer:

Signature of consumer:

Date: