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Terms & Conditions

Terms & Conditions

 

This page (together with Our Cancellations & Returns Policy and Privacy & Cookies Policy) tells you information about Us and the terms and conditions on which We sell any of the products listed on Our website (Products), www.tradekitchensforall.co.uk (Our Site) and on which You may use Our Site (Terms).

These Terms will apply to any contract for the sale of Products by Us to you (Contract). Please read these Terms carefully and make sure that you understand them before ordering any Products from Our Site. Your use of Our Site signifies your acceptance of the Terms. 

We reserve the right at Our absolute discretion to amend the Terms, the amended version of which will appear on Our Site. Your continued use of Our Site signifies your acceptance to the Terms from time to time. Please check these Terms to ensure that you understand the terms which will apply at the time that you order the Products. We will not file a copy of the Contract between you and Us and you should therefore print a copy of these Terms or save them to your computer for future reference. These Terms, Our Cancellations & Returns Policy, Privacy & Cookies Policy and any contract between Us and you incorporating them are only in the English language.


1. Information About Us 

We are Trade Kitchens For All, a trading name of David John Interiors Limited, a company registered in England and Wales under company number 6212182 and with Our registered office at Long Meadow Farm, Church Lane, Clifton, Preston, Lancashire, PR4 0ZE (We, Us, Our). Our trading address is Long Meadow Farm, Church Lane, Clifton, Preston, PR4 0ZE. Our VAT number is 703401489.

For details on how to contact Us, please see Our Contact Us page.

 

2. Our Products

The images of the Products on Our Site are displayed for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images and those Products made of natural materials such as wood and stone will contain natural variations.

Although We have made every effort to be as accurate as possible Products may not exactly match all sizes, weights, capacities, dimensions and measurements indicated on Our site and packaging of the Products may vary from that shown on images on Our Site.

All Products shown on Our site are subject to availability. We will inform you by e-mail if the Product you have ordered is not available.

 

3. Use of Our Site

Your use of Our Site is governed by any terms of use that We may publish on and in relation to Our Site from time to time. If you do not agree with the terms of use you should not use Our Site.

 

4. How We Use Your Personal Information

We only use your personal information in accordance with the terms set out in Our Privacy & Cookies Policy. Please take the time to read these, as they include important terms which apply to you.

 

5. If You Are A Consumer (This clause does not apply to you if you are a business)

If you are a consumer, you may only purchase Products from Our Site if you are at least 18 years old. These Terms, our Returns Policy, Privacy & Cookies Policy and any terms of use of Our Site together with your order and our acceptance will be included in the Contract. Any changes to Our usual terms must be agreed in writing by an authorised person on Our behalf.

As a consumer, you have certain legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office, nothing in these Terms will affect these legal rights.

 

6. If You Are A Business Customer (This clause only applies if you are a business)

If you are not a consumer, you warrant that you have authority to bind any business on whose behalf you use Our Site to purchase Products.

These Terms, our Returns Policy, Privacy & Cookies Policy and any terms of use of Our Site together with your order and our acceptance will be included in the Contract. Any changes to Our usual terms must be agreed in writing by an authorised person on Our behalf.

 

7. How the Contract Is Formed

Our order process allows you to check and amend any errors before submitting your order to Us. Please take the time to read and check your order at each page of the order process.

After you place an order, you will receive an e-mail from Us acknowledging that We have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in the next paragraph below.

We will confirm Our acceptance of your order to you by sending you an e-mail that confirms the details of the order, the amount paid, any right you have to cancel your order (as described in Our Cancellations & Returns Policy) and estimated delivery time (Order Confirmation). The Contract will only be formed when We send you the Order Confirmation.

If We are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on Our Site, We will inform you of this by e-mail and We will inform you of suggested alternatives where appropriate or We will not process your order if there are no suitable alternatives. If you have already paid for the Products, We will refund you the relevant amount as soon as possible.

 

8. Payment Information

You can only pay for Products using a debit card or credit card. We accept the following cards:

a) Visa Credit, Debit & Electron;

b) Maestro;

c) MasterCard Credit & Debit; and

d) JCB.

Payment for the Products and all applicable delivery charges are made in advance and does not mean that a binding contract has been formed. 

The prices of the Products will be as quoted on Our Site from time to time. We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. 

Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation. The price of a Product does not include delivery charges. Our delivery charges are as quoted on Our Site from time to time.

The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, We will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

Our Site contains a large number of Products. It is always possible that, despite Our best efforts, some of the Products on Our Site may be incorrectly priced. If We discover an error in the price of the Products you have ordered We will inform you in writing to inform you of this error and We will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until We have your instructions. If We are unable to contact you using the contact details you provided during the order process, We will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, We do not have to provide the Products to you at the incorrect (lower) price.

 

9. Delivery

We will do Our best to deliver your order by the estimated delivery date set out in the Order Confirmation. Time is not of the essence in delivery and We will arrange to contact you directly or through Our courier to confirm the delivery date when it is known. You own the Products once we have received payment in full, including all applicable delivery charges.

We may deliver the Products in instalments if all of the Products are not available at the same time for delivery. Delivery will be completed when We deliver the Products to the address you gave Us.

If no one is available at your address to take delivery, We will leave you a note informing you that the Products have not been successfully delivered and information enabling you to arrange for redelivery.  Please note that in these circumstances, additional charges may be incurred.

The Products will be your responsibility from the completion of delivery. Upon receipt of the Products you must inspect the Products and sign for them as 'undamaged' or 'damaged' accordingly.

Where the Products to be delivered are large/bulky items, it will be your responsibility to ensure that arrangements are made to move the Products from the kerbside to your property and to assess if they will fit through doors or other accessways.

We do make deliveries outside of the UK but unfortunately, We do not deliver to addresses outside of the European Union (EU). You may place an order for Products from outside the EU, but this order must be for delivery to an address in the EU. While additional delivery charges will be incurred for deliveries to addresses outside the UK, we have no knowledge of, and no responsibility for, the laws in your country of residence.  Please contact us via the Contact Us page for a no obligation quotation for international delivery charges. By purchasing the Products, you warrant that you are legally obliged to import them into your country of residence and that you will be responsible for the payment of any import duties or taxes in doing so.

 

10. Manufacturer Guarantees

Some of the Products We sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions of any manufacturer's guarantee, please refer to the manufacturer's guarantee provided with the Products. To make use of the guarantee you may be required to deal directly with the manufacturer.

If you are a consumer, a manufacturer's guarantee is provided in addition to your legal rights in relation to Products that are faulty or not as described.

 

11. Our Warranty For The Products

For Products which do not have a manufacturer's guarantee, We provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. This warranty does not apply to any defect in the Products arising from:

a) fair wear and tear;

b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

c) if you fail to assemble, operate or use the Products in accordance with the user instructions provided with the Products;

d) any alteration or repair to the Products undertaken by you or by a third party who is not authorised by Us; or

e) any specification provided by you.

If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described or your other statutory rights as set out in Our Cancellations & Returns Policy.

 

12. Our Liability If You Are A Business (This clause only applies if you are a business)

Nothing in these Terms limit or exclude our liability for:

a) death or personal injury caused by Our negligence;

b) fraud or fraudulent misrepresentation;

c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

d) defective products under the Consumer Protection Act 1987.

Save as set out in this clause above, We will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for: 

a) any loss of profits, sales, business, or revenue;

b) loss or corruption of data, information or software;

c) loss of business opportunity;

d) loss of anticipated savings;

e) loss of goodwill; or

f) any indirect or consequential loss.

Subject to the provisions of this clause as set out above, Our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.

Except as expressly stated in these Terms, We do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, We will not be responsible for ensuring that the Products are suitable for your purposes.

 

13. Our Liability If You Are A Consumer (This clause does not apply if you are a business)

If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a direct foreseeable result of our breach of these Terms or Our negligence, but We are not responsible for any loss or damage that is not direct, is purely economic in nature or is not foreseeable. If there are special circumstances applicable to your order you should specify them in writing with your order and We will consider their effect in deciding whether and on what terms to accept your order.

We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Save as expressly set out in this clause below, Our liability to you for breach of these Terms or otherwise in relation to an order will not exceed the price of that order unless we agree otherwise in relation to a specific order. We do not in any way exclude or limit our liability for: 

a) death or personal injury caused by our negligence;

b) fraud or fraudulent misrepresentation;

c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

e) defective products under the Consumer Protection Act 1987.

 

14. Communications between you and Us

When we refer, in these Terms, to "in writing", this will include e-mail.

If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing, you can send this to Us by e-mail at sales@tradekitchensforall.co.uk or by pre-paid post to Trade Kitchens For All at Long Meadow Farm, Church Lane, Clifton, Preston, Lancashire, PR4 0ZE. We will confirm receipt of this by contacting you in writing, normally by e-mail.

For information on your cancellation and returns rights, please see Our Cancellation & Returns Policy.

If We have to contact you or give you notice in writing, We will do so by e-mail or by pre-paid post to the address you provide to Us in your order.

If you are a business, please note that any notice given by you to Us, or by Us to you, will be deemed received and properly served immediately when posted on Our Site, 24 hours after an e-mail is sent, or three (3) days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.


15. Intellectual Property

The content of Our Site and any material that We send to you or that you download from Our Site are Our copyright. Our material also includes both word and logo trade marks. You are permitted to download and print material from Our Site provided that this is for your personal use only. You may not reproduce or use the material for commercial use. You are not permitted to make copies of, distribute or alter these materials in any way or otherwise use any material on Our Site.


16. Other Important Terms

We may transfer Our rights and obligations under a Contract to another organisation, but this will not affect your rights or Our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

These Terms, Our Cancellations & Returns Policy, Privacy & Cookies Policy and any terms of use of Our Site together with your order and Our acceptance will constitute the entire agreement between you and Us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of Us which is not set out in writing in a part of that contract.

This contract is between you and Us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.

These Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and We both agree to that the courts of England and Wales will have exclusive jurisdiction.

Trade Kitchens for All, Long Meadow Farm, Church Lane, Clifton, Preston, PR4 0ZE