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Cricklewood Kitchens Terms & Conditions
Cricklewood Kitchens Terms & Conditions
By accessing our website at www.cricklewoodkitchens.co.uk 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.cricklewoodkitchens.co.uk website is operated by: Cricklewood Kitchens, a company in England
Our contact details are as follows: 3D High Street, Christchurch, Dorset, BH23 1AB: [email protected] Telephone number: 01202488808
1.INTRODUCTION 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 Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website.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 Website.
2. TERMS OF SALE AND PRICING 2.1. The placing of an order expresses acceptance of our terms and conditions of business. These terms and conditions do not affect the customer's statutory rights. 2.2 Full payment is required with order. 2.3 All prices shown include Value Added Tax (VAT) at the statutory rate current at the date of invoice. 2.4 The company reserves the right to alter prices and/or specifications. The customer has the right to accept or decline any changes as indicated by this clause 2.5 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 (d) if you do not meet any eligibility criteria set out in our terms and conditions.
2.5 No property in or title to the goods shall pass from the company to the customer unless and until the customer has made full and complete payment to the company. 2.6 The company does not accept responsibility for damage to any equipment in which our products are used for the purpose other than those for which it was designed.
3. DELIVERY 3.1 Delivery charges Delivery charges are per delivery for any number of items London (M25) - £250.00 England and Wales - £450.00 South Scotland - £550.00 Central Scotland - £650.00 North Scotland/Highlands - Subject to confirmation before order is placed
3.2 We will advise you at the time of order of approximate delivery lead-times and stock availability. Our general guidelines are that delivery will happen within 7-50 working days of placing your order but these lead times could vary if your order requires bespoke cutting service, oiling etc. Our delivery service includes a courtesy call the day before your delivery is due and if necessary a courtesy call from the driver on the day. It is very important that we speak to you prior to delivery in order to confirm the arrangements therefore providing your best contact number is essential.
3.3 Worktop deliveries are made by one man only Due to insurance guidelines and health and safety regulations all deliveries are made to the nearest ground floor access point. The customer agrees to ensure that someone competent and able bodied will be available to help with the unloading of the goods as these can be extremely heavy; it is the responsibility of the customer to ensure the designated helper is fit / suitably strong to help with the delivery. Special requests can occasionally be accommodated, please contact us to request further information. As deliveries can be made by a large van, it is assumed that the delivery address will be accessible. If there is likely to be a problem, e.g. the road is subject to a vehicle weight or width limit or any other restrictions apply please inform us at the time of order.
3.4 If a courier/driver arrives at your address and is unable to deliver on the arranged delivery date because you are not there or you do not have the help required to off load the stock, you will be liable for the re-delivery charge 3.5 Every effort is made to ensure that your goods are delivered in perfect condition. Please inspect your goods immediately upon delivery in the presence of the delivery driver. Any missing or damaged items should be reported to us within 48 hours and the good should be signed for as “damaged” or “missing” on the delivery note. Goods refused on delivery that are found to be undamaged on return to us will incur a return charge. 3.6 No liability can be accepted for costs or losses caused by delayed deliveries. Although we always aim to deliver the goods within the agreed time frame occasionally due to matters out of our control deliveries could take slightly longer than anticipated. In such circumstances you will always be kept informed of the progress of your delivery and we guarantee that delivery will always happen within an acceptable time limit. However we strongly advise all clients against booking of tradesmen for installations or removing existing fixtures and fittings until goods have been received in a satisfactory condition. 3.7 After Delivery Wood is a natural product that can be affected by heat and humidity. In order to avoid bowing or warping of the worktops please read our Storage Guide below. We strongly advise you to read our 2 guides on our “Worktop Care and Maintenance” page where you will find further advice and some very useful tips on worktop aftercare. Storage: We recommend that all worktops are oiled immediately upon receipt. Installation should be carried out as soon as possible after delivery. However if storage is necessary the worktops must be laid flat and fully supported in their original packaging. They must be stored indoors (not in garages or outbuildings), away from extreme heat (radiators etc) and far away from any recently plastered areas. Do not store worktops vertically or on edges. Your worktops are dispatched in sound condition and appropriate packaging it is your responsibility to store and maintain worktops correctly.
4. RETURNS 4.1 In accordance with the Distance Selling Regulations 2000 you have the right to cancel your order and return standard sized, un-oiled goods, up to 7 days after you have received them. All returns and cancellations must conform to the guidelines laid out in the “Distance Selling Regulation” a guide of which can be found at : www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf.
4.2 It is necessary to inform us in writing or by electronic mail within seven days of receipt of the goods. We will then arrange to collect them (the whole order) and give a full refund. 4.3 The collection cost must be paid by the customer, except in instances where the goods supplied are faulty or have been supplied in error. 4.4 A collection charge will be confirmed when the collection is arranged. 4.5 Alternatively, the customer may arrange transportation. The customer must pay all costs involved in transporting the goods back to the warehouse from which they were despatched. The goods must be insured whilst in transit for the full value.
4.6 If you wish to return any goods you must ensure that they are packaged adequately to protect against damage. If you have opened any boxes or plastic wrapping to examine the product we recommend that you take care with the packaging and try not to damage it as it is specifically designed for the product. If you fail to take reasonable care of the goods before they are returned to us, and this results in damage or deterioration, we will charge accordingly. 4.7 Any refunds for returned items will be processed within 14 days from the date when the items are returned to our warehouse.
4.8 The exception to this right of return is bespoke items. All goods that have been subject to any works by Cricklewood Kitchens may not be returned, including bespoke factory orders (special sizes) and services detailed within our “Bespoke cutting service” page. Bespoke orders cannot be cancelled once work has commenced.
5. CANCELLATION POLICY: (a) You can notify us by email to [email protected] before we have dispatched the goods to you; or (b) Where goods have already been dispatched to you, by returning the goods to us in accordance with clause 4.RETURNS
6. LICENCE 6.1 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. 6.2 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 5.1 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. 6.3 Subject to clause 5.1, 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. 6.4 Any rights not expressly granted in these terms are reserved.
7. SERVICE ACCESS 7.1 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. 7.2 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.
8.2 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). 8.3 You may not misuse the Website (including, without limitation, by hacking). 8.4 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 9.3.
9. LINKS TO AND FROM OTHER WEBSITES 9.1 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. 9.2 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 Cricklewood Kitchens 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 Cricklewood Kitchens trade marks displayed on this Website without our express written permission; (f) you do not link from a website that is not owned by you; and (g) 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 8.2 for breach of these terms and to take any action we deem appropriate. 9.3 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 8.2.
10. REGISTRATION 10.1 To register with www.cricklewoodkitchens.co.uk you must be over eighteen years of age. 10.2 Each registration is for a single user only. We do not advise you to share your user name and password with any other person nor with multiple users on a network. 10.3 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. 10.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
11. DISCLAIMER 11.1 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 material. 11.2 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.
12. LIABILITY 12.1 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. 12.2 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. 12.3 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. 12.4 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 breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
13. GOVERNING LAW AND JURISDICTION 13.1 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. 13.2 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.
14. MISCELLANEOUS 14.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions 14.2 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. 14.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
By registering or placing an order on this website, you consent to the collection, use and transfer of your information under the terms of this policy.
Information that we collect from you
When you visit, register or order products or services you may be asked to provide certain information about yourself including your name, contact details and credit or debit card information.
We may also collect information about your usage of our website as well as information about you from messages you post to the website and e-mails or letters you send to us.
To maintain customer service standards and to assist staff training, we may record and monitor incoming calls.
Use of your information
Your information will enable us to provide you with access to all parts of our website and to supply the goods or services you have requested. It will also enable us to bill you and to contact you where necessary concerning your orders. We will also use and analyse the information we collect so that we can administer, support, improve and develop our business.
In particular, we may use your information to contact you for your views on our services and to notify you occasionally about important changes or developments to the website or our services. Further, where you have consented, we might also use your information to let you know by email about other products and services which we offer which may be of interest to you. If you change your mind about being contacted in the future, please let us know.
Disclosure of your information
The information you provide to us may be accessed by or given to third parties some of whom may be located outside the European Economic Area who act for us for the purposes set out in this policy or for other purposes approved by you. Those parties process information, fulfil and deliver orders, process credit card payments and provide support services on our behalf. We may also pass aggregate information on the usage of our website to third parties but this will not include information that can be used to identify you.
Where you have consented when providing us with your details, we may also allow other companies in our group, to contact you occasionally about products and services which may be of interest to you. They may contact you by e-mail. If you change your mind about being contacted by these companies in the future, please let us know at [email protected]
Finally, if our business enters into a joint venture with or is sold to or merged with another business entity, your information may be disclosed to our new business partners or owners.
Countries outside the European Economic Area do not always have strong data protection laws. However, we will always take steps to ensure that your information is used by third parties in accordance with this policy.
Unless required to do so by law, we will not otherwise share, sell or distribute any of the information you provide to us without your consent.
Security and data retention
We employ security measures to protect your information from access by unauthorised persons and against unlawful processing, accidental loss, destruction and damage. We will retain your information for a reasonable period or as long as the law requires.
Accessing and updating
You are entitled to see the information held about you and you may ask us to make any necessary changes to ensure that it is accurate and kept up to date. If you wish to do this, please contact us at [email protected] We are entitled by law to charge a fee of £10 to meet our costs in providing you with details of the information we hold about you.
Cricklewood Kitchens © 2016
The Trading Terms of Cricklewood Kitchens
The Trading Terms of Cricklewood Kitchens
In the terms below, Cricklewood Kitchens is called “The Company” and the other contracting party is called “The Customer”.
1. The Company retains full control of the production and installation of the kitchen. The Customer agrees that the Company may make minor modifications to the specifications for the materials and to the design of the installation at its discretion. The Company need not tell the Customer that it has done this. If a major modification is necessary, the Company will inform the Customer and agree it with them.
2. If for any reason beyond the Company’s reasonable control, the Company is unable to supply a particular item of cabinetry or a particular appliance the Company will notify the Customer. With the agreement of the Customer the Company will replace it with an item of at least equal quality and value.
3. The Company will do all that it reasonably can to meet the date given for delivery and/or installation. In the case of unforeseen circumstances beyond the reasonable control of the Company, the Company may not be able to do so. In such circumstances the Company will contact the Customer and agree an alternative date. Installation dates given are always “week commencing”.
4. The Customer will also do all that he/she reasonable can, to enable delivery and/or installation to take place on the given date. In the case of unforeseen circumstances beyond the reasonable control of the Customer, the Customer may not be able to do so. In such circumstances the Customer will contact the Company and agree an alternative date.
5. The Customer agrees that the structure, condition and suitability of the premises for the installation are the Customer’s responsibility. If at any time the installation is, for a structural or technical difficulty, impractical, the Company may terminate the contract. If the Company terminates the contract under these conditions then any deposit paid will be refunded. However, the Company will not make to the Customer any payment for any loss the Customer may suffer.
6. The company does all it reasonably can to ensure the price quoted by its agent at the time of the contract is correct. It is recognised that the kitchen is a made to measure product. The Company will normally arrange for a technical surveyor to visit the Customer’s premises for the purpose of measurement and survey of premises, plumbing, drainage and other services. If, following such a survey, it becomes apparent that the installation has been underpriced for a technical reason beyond the reasonable expectation of the agent, then the Company will forewith inform the Customer and both parties will attempt to agree a revised price for the installation. In the event that a new price cannot be agreed then either party is entitled to terminate the contract whereupon any monies will be repaid in full. In circumstances where the incorrect pricing has resulted from an error in information provided by the Customer to the Company with regard to the premises where the kitchen is to be installed, and in particular to the services and drainage available to that premises, and termination of the contract has occurred in accordance with the provisions of this clause, then the Company will not make to the Customer any further payment for any loss the Customer may suffer. However, any deposit paid by the Customer will be repaid in full.
7. Where the Company has agreed to supply only (ie not install) the cabinetry and/or appliances, the company guarantees that the quality of the cabinetry and/or appliances will be to a satisfactory standard. The Company is not responsible for the installation of the cabinetry and/or appliances. Any installation of the cabinetry and/or appliances is the sole responsibility of the Customer. The Company shall not be responsible for any damage or loss in respect of the cabinetry supplied by the Company arising out of or associated with any such installation of the cabinetry and/or appliances by the Customer.
8. All appliances and worktops are supplied subject to any guarantees and after-sales services that are offered by the manufacturers themselves, or where appropriate subject to the terms of any extended warranty scheme.
9. The customer agrees to give access to the premises for the purposes of delivery and/or installation or subsequent visits that may be necessary for the completion of the installation.
10. The Customer agrees that there will be an available supply of water, gas and electricity on the premises for the purpose of carrying out the installation and such services will be supplied at no cost to the Company.
11. The Customer is advised and accepts that the installation may cause damage to decoration. It is anticipated that the kitchen will require redecoration following completion of the installation. This will be the Customer’s responsibility and is not included in the price unless specifically set out otherwise overleaf. For the avoidance of doubt this provision does not exclude the Company’s responsibility for any damages which are beyond what is reasonably commensurate with the fitting of the kitchen in the usual way (for example, damage to other areas of the premises where kitchen cabinetry/appliances are not being fitted).
12. The Customer fully accepts and understands that in signing this contract that they are bound to this purchase. However, should the Company agree to cancel this contract (at the Customer’s request) then the Customer fully understands and accepts that they would forfeit any/all deposit monies paid.
13. On delivery or collection, the risk of any loss or damage to the cabinetry and/or appliances becomes that of the Customer.
14. Payment of the balance shall be made (cleared funds) 7 Days before delivery of the cabinetry and/or appliances. The Customer will not legally own the cabinetry and/or appliances until the balance of payment is made (by cleared funds) by the Customer to the Company. The goods do not become the Customer’s until the Customer has paid for them in full and, until such time, the Customer shall keep the goods in good repair, condition and properly protected and insured. The goods are not warranted/guaranteed until payment is received in full. Late payment may delay the delivery date.
15. The Company will attempt to complete the installation (when applicable) within five weeks of the first day of commencement. This is a voluntary time-scale offered by the Company in all good faith. The Customer fully accepts however that time is not of the essence regarding either delivery or completion of the installation.
16. Although the company may be prepared to agree to certain changes to the original terms of the contract, this will be on the understanding that it does not infringe on the Company’s full rights under the contract and that it does not prevent the Company from exercising those rights in the future. No contractual changes shall be valid unless authorised by a Partner of the Company.
17. The Company and the Customer agree that those terms shall be governed by and construed in accordance with the Law of England and they further agree that the English Courts shall have exclusive jurisdiction.
18. Additional items ordered by the Customer's will be treated as a separate order and may occur additional carriage/delivery charges and will be invoiced separately. Completion dates may be affected by additional orders and The Company will not be liable for any loss or damages due to this.
19. Timescales are estimates and rely on third parties, therefore The Company will not be responsible for any loss or damages for lost earnings to any persons or Trades affected.
20. By dealing with The Company you are agreeing to all our Terms & Conditions and Trading Terms.