Please read these terms of sale carefully.
You will be asked to expressly agree to these terms of sale before you place an order for products from our website.
In these terms of sale, “we” means DIY Luxury Kitchens Ltd (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).
(3) Order process
The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from us, you will need to take the following steps:
- you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout;
- if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details;
- once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to these terms of sale;
- you will be transferred to the Sage Pay website, and Sage Pay will handle your payment;
- we will then send you an initial acknowledgement; and then your order will be manufactured to your specification. Please check all details are correct and sign this acknowledgement (or reply by email) as your acceptance to this order or amend where needed as alterations and / or amendments cannot be accepted once production has commenced. We cannot be held responsible for any items that may not fit on the day of fitting as all items are made to your specification. All units will be supplied glued & dowelled apart from oversize units and larders over 600mm, where these will be supplied flat packed cam & dowelled due to size & handling in transport.
- once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records. The most recent version of the Terms of Sale is reflected by the version date located at the bottom of this Terms of Sale.
The only language in which we provide these terms of sale is English.
Before you place your order, you will have the opportunity of identifying whether you have made any input errors by viewing your shopping cart found in the top right-hand corner of the website and amending the quantity of the items and clicking update or checking the items you wish to remove from your order and clicking update.
(4) The products
As described on the website
(5) Price and payment
Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product's correct price will be stated.
In addition to the price of the products, you may have to pay a delivery charge, which will be as stated when you pay for the product.
Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
The prices on the website include all value added taxes (where applicable) but exclude delivery cost.
Payment for all products must be made by credit or debit card through Sage Pay.
Sage Pay Security Policy:
Our Payment Service Provider is Sage Pay (formerly Protx) – the largest independent payment service provider (PSP) in the UK and Ireland.
Sage Pay provides a secure payment gateway (Level 1 PCI DSS), processing payments for thousands of online businesses, including ours. It is Sage Pay’s utmost priority to ensure that transaction data is handled in a safe and secure way.
Sage Pay uses a range of secure methods such as fraud screening, I.P address blocking and 3D secure. Once on the Sage Pay systems, all sensitive data is secured using the same internationally recognised 256-bit encryption standards.
Sage Pay is PCI DSS (Payment Card Industry Data Security Standard) compliant to the highest level and maintains regular security audits. They are also regularly audited by the banks and banking authorities to ensure that their systems are impenetrable.
Sage Pay is an active member of the PCI Security Standards Council (PCI SSC) that defines card industry global regulation.
In addition, you know that your session is in a secure encrypted environment when you see https:// in the web address, and/or when you see the locked padlock symbol alongside the URL.
So, when buying through our site, you can be sure that you are completely protected.
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
If you dispute any payment made to us you must contact us immediately and provide full details of your claim. If you submit an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of the charge-back: (i) an amount equal to the amount of the charge-back; (ii) all third party expenses incurred by us in relation to the charge-back (include charges made by our or your bank or payment processor or card issuer); (iii) an administration fee of GBP £20.00(including VAT); and (iv) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this paragraph (including without limitation legal fees and debt collection fees).
Without prejudice to our other rights, if you submit an unjustified credit card, debit card or other charge-back, then we may terminate any contracts between you and us under these terms of sale by giving you written notice of termination.
For the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back.
(6) Your warranties
You warrant to us that:
- you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
- the information provided in your order is accurate and complete;
- you will be able to accept delivery of the products;
- you are resident in England or Wales; and
- you are at least 18 years of age.
(7) Delivery policy
We will arrange for the products to be delivered to the address for delivery indicated in your order. Once an order has been placed with DIY Luxury Kitchens Ltd an approximate delivery date will be agreed. Approximate delivery times may be available on the day of delivery. If your order contains more than one item you may be contacted by more than one operator to arrange the delivery date, and the products may be delivered separately even if they have the same estimated delivery dates because our products come from different delivery partners and suppliers.
All kitchen deliveries must be taken in by an able-bodied person who is capable of helping with the offload of the goods ordered. All deliveries are a one-man delivery unless previously arranged with DIY Luxury Kitchens Ltd. to ground floor only.
If adequate help is not provided by the customer, DIY Luxury Kitchens Ltd reserve the right to re-arrange the delivery of the goods at a time agreed with the customer. Additional delivery costs may apply.
DIY Luxury Kitchens Ltd are not responsible for any loss and/or expense (including loss of profit and extra labour costs) suffered by you, the customer, due to damaged products, late delivery or any other reason. In the light of this Tradesman should NOT be booked until goods are received and checked.
To track orders please email email@example.com where our transport team will then contact you and update you on the status of the goods.
We deliver to all mainland UK addresses with a valid postcode. We do not deliver on weekends or Bank Holidays. We reserve the right not to deliver orders if we believe the address is not secure, for example, to communal postal address or a PO BOX -if this affects an order you place, we will notify you as soon as possible. If you require items to be delivered to anywhere other than the mainland UK please contact us prior to ordering for a price.
Please ensure that all deliveries are checked and signed for and if there are any items missing or damaged we must be informed within 24 hours of the delivery.
(8) Risk and ownership
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:
(a) delivery of the products; and (b)receipt by us of full payment of all sums due in respect of the products (including delivery charges). We will be entitled to recover payment for the products even where ownership has not passed to you.
(9) “Cooling off” period
Under the Distance Selling Regulations, you may cancel a distance contract to purchase a product or products from us at any time within 14 calendar days after the day on which the last product(s) came into your physical possession. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. (Subject to the limitations set out below).
In order to cancel a contract in this way, you must give to us written notice of cancellation using the text in bold below as a template, [*] delete as appropriate: -
I / We[*] hereby give notice that I /We[*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service[*],
Ordered on [*] / received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this for is notified on paper).
Either sending in writing to the address below or via an email to firstname.lastname@example.org
DIY Luxury Kitchens Ltd
Unit C3 Fawkham Business Park
You must send the product(s) back to our contact address above (unless otherwise agreed with DIY Luxury Kitchens Ltd) You will have to bear the direct cost of returning the good and you must promptly return the products to us, in the same condition in which you received them and no later than 14 days after the day on which you informed DIY Luxury Kitchens Ltd of the cancellation.
You will not have any such right insofar as a contract relates to: (i) the supply of goods made to your specifications or are clearly personalised. Goods that have been made to the consumer’s specifications or are clearly personalised are excluded from the right to cancel.
Please note on all non-faulty returns, including product(s) returned under the 14-day cooling off period, you will be responsible for paying the cost of returning the product (s) to us.
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the 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 goods supplied if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than –
(a) 14 days after the day we receive back from you any goods supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
(10) Statutory rights
Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).
(11) Returns & Refunds
This returns policy applies to customers in England and Wales / irrespective of your geographical location.
This policy does not affect your statutory rights (such as your rights under the Sale of Goods Act 1979 and the Consumer Protection (Distance Selling) Regulations 2000).
Consumers are entitled to a cooling-off period of 14 calendar days, which begins on the day after they receive the last product(s).
Where you have no other legal right to return a product and receive a refund or exchange, then you will nonetheless be entitled to return a product to us where:
a) we receive the returned product within 30 days following the date of delivery of the product;
b) the returned product is unused, in its original unopened packaging (with any seal or shrink-wrap intact), with any labels still attached, and otherwise in a condition enabling us to sell the product as new;
c) you comply with the returns procedure set out below; and
d) none of the exclusions set out below apply.
(11.3) Returns procedure
In order to take advantage of your rights under this returns policy, unless otherwise agreed with DIY Luxury Kitchens Ltd you must ensure that products returned under this policy must be sent to:
DIY Luxury Kitchens
Unit C3 Fawkham Business Park
We would recommend that you return items using a recorded delivery method. You will be responsible for paying postage costs associated with returns under this policy.
The following kinds of products may not be returned under this policy:
a) any product made to your specification;
b) any product made to order;
c) any product personalised or adapted for you;
d) this includes kitchen carcasses and kitchen doors are 'Made to Order' and made to your chosen specification and are not returnable;
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
We will process the refund due to you as soon as possible and, in any event, within 30 days following the day we received your returned product.
Return of defective goods
DIY Luxury Kitchens Ltd must be notified of any goods to be returned or replaced, damaged or otherwise within 48 hours of receipt via email to email@example.com any goods notified outside of this period will not be accepted back as a return. We will pay the delivery charges associated with replaced defective goods.
(11.6) Improper returns
Where you return a product in contravention of this policy (and where you do not have any other legal right to return the product):
a) we will not refund or exchange the product;
b) we may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and
c) if we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product in our sole discretion without any liability to you.
If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event; within 30 days of the day we received your valid notice of cancellation.
(12) Limitations and exclusions of liability
Nothing in the terms of sale will:(a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit or exclude any liability of a party under Section 12, 13, 14 or 15 of the Sale of Goods Act 1979 or Part I of the Consumer Protection Act 1987; (d)limit any liability of a party in any way that is not permitted under applicable law; or (e) exclude any liability of a party that may not be excluded under applicable law. Any statutory rights which you have as a consumer, which cannot be excluded or limited, will not be affected by the terms of sale.
The limitations and exclusions of liability set out in this Section and elsewhere in the terms of sale: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable to you in respect of any losses arising out of any event or series of events beyond our reasonable control.
We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
(13) General terms
Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time –providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Section : these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website. These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
Disclaimer DIY Luxury Kitchens Ltd cannot be held responsible for any claims due to inaccuracies in measurements, details or sizes of any illustration or product on our website. Whilst every effort is made to ensure accuracy, these details are posted on our site for guidance only. We do not make any guarantee’s regarding products suitability for use. Please note that actual colours may vary slightly from those shown on the site if any in doubt please ask us for a sample. Please check with a member of our staff if you have any doubt as to a particular products' suitability before commencing fitting.
Guarantees All products supplied are with a guarantee of 12 months against workmanship. However, this is not covered by general wear and tear or damaged caused by impacts or accidents. The guarantees do not apply to products that have been stored or assembled incorrectly, used inappropriately, abused, misused, altered or cleaned using incorrect cleaning methods or cleaning products.
If you have a question that isn't answered here or elsewhere on this site please do not hesitate to contact us and we will aim to reply within 24 hours.
(14) About us
Our full name is DIY Luxury Kitchens Ltd.
Our registered office
2 Lakeview Stables,
Lower St Clere,
Our principal trading address
Unit C3 Fawkham Business Park, Fawkham Road,
Our company registration number is 7485344.
Our email address is firstname.lastname@example.org
Our VAT number is 105585127
Updated 23rd May 2018