Wren Kitchens Limited Terms and Conditions of Sale (In Store)

1. Interpretation 1.1 The denitions in this condition apply in the terms and conditions set out in this document: Force Majeure Events shall have the meaning given in condition 10. Products the products that we are selling to you as set out in the Order. Order your order for the Products. Order Conrmation shall have the meaning set out in condition 2.11. Terms the terms and conditions set out in this document. Writing or written includes faxes and e-mail. 1.2 Headings do not affect the interpretation of these terms. 2. Basis of Sale 2.1 These Terms and the Order are considered by us to set out the whole agreement between you and us for the sale of the Products. Please check that the details in the Terms and on the Order are complete and accurate (in particular your personal specications/requirements, measurements, plans and layouts in accordance with which the Products will be manufactured) before you commit yourself to the contract. We only accept variations to the contract that have been made in writing by our authorised employees and agents. No verbal variations are accepted by us. If you think that there is a mistake, please inform us at least 14 days before the delivery date agreed with you at the time of your Order otherwise we will not be able to make any changes to your Order. Please ensure that you read and understand these Terms before you sign the Order, because you will be bound by the Terms once a contract comes into existence between us, in accordance with condition 2.11. 2.2 All our Products, except our kitchen accessories and appliances are made to your Order using the measurements, plans, specications, choices and details you have provided to us during the ordering process. For the purposes of these Terms: 2.2.1 when referring to all our products we will use the denition Products; and 2.2.2 when referring specically to products which are made to your Order wewill use the denition Bespoke Products. 2.3 We have taken care to describe and show Products as accurately as possible. Despite this, slight variations in Products may occur for example colours and textures may vary between different batches of production. 2.4 For all our Products we will allow you to cancel or change your Order at any time up until 14 days before the delivery date agreed at the time of your Order (the Cooling Off Period). After the Cooling Off Period has expired you will not be able to cancel or change your Order for Products because production of your Order will have commenced. 2.5 If you wish to add Products to your Order after the expiry of the Cooling Off Period such additions may, at our discretion, be regarded as a new and separate order with different delivery times and separate delivery charges. We will explain your options at the time you make additions to your Order. 2.6 To cancel or change your Order during the Cooling Off Period you must provide us with written notice or come into one of our stores and sign an Order cancellation or amendment. If you cancel in accordance with this condition we will issue you a full refund within 30 days of receipt of your cancellation. 2.7 For Bespoke Products we rely on the measurements, plans, specications, choices and details you supply to us during the ordering process you must therefore check that they are accurate and correct. This is your responsibility even if we are installing your Products or have attended your premises prior to your Order being placed. You may correct any errors you make during the Cooling Off Period but we will not accept changes to or cancellation of your Order after the expiry of the Cooling Off Period nor will we give refunds for, replace or allow you to reject Bespoke Products which have been supplied to you in accordance with the measurements, plans, specications, choices and details you supplied to us during the ordering process unless the Bespoke Products are faulty or fail to comply with condition 3.1 below. 2.8 Any samples, drawings, descriptions or advertising we issue, and any descriptions or illustrations contained in our catalogues or brochures, are issued or published solely to provide you with an approximate idea of the Products they describe. They do not form part of the contract between you and us or any other contract between you and us for the sale of the Products. 2.9 If any of these Terms are inconsistent with any term of the Order, the Order shall prevail. 2.10 The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion. 2.11 These Terms shall become binding on you and us when: 2.11.1 we issue you with written receipt of your Order (Order Conrmation) whether in our store or otherwise; or 2.11.2 we notify you that the Products are ready, whichever is the earlier, at which point a contract shall come into existence between us. 2.12 Any quotation for the Products is given on the basis that a binding contract shall only come into existence in accordance with condition 2.11. Subject to condition 2.13 a quotation shall be valid for a period of 30 days from its date of issue, unless we notify you in writing that we have withdrawn it during this period. 2.13 Any quotation issued subject to a promotional offer will be valid for a period of 30 days from its date of issue or, if sooner, on the expiry of the promotional offer. 2.14 We shall assign an order number to the Order and inform you of it in the Order Conrmation. Please quote the order number in all subsequent correspondence with us relating to the Order. 2.15 We have the right to revise and amend these Terms from time to time to reect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our systems capabilities. You will be subject to the policies and terms in force at the time that you order the Products from us, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fullled). 3. The Products 3.1 We warrant the quality of our joinery and kitchen carcasses (cabinets) which form part of the Products in accordance with Wrens Warranty which is available to view via our website at www.wrenkitchens.com/cabinet-warranty or otherwise a copy can be obtained from any of our stores. 3.2 We warrant that on delivery and for a period of 12 months from the date of delivery that any Products purchased from us which are not covered by condition 3.1 are: 3.2.1 of satisfactory quality; 3.2.2 reasonably t for all the purposes for which products of the kind are commonly supplied; 3.2.3 free from material defects in design, material and workmanship; 3.2.4 comply with all applicable statutory and regulatory requirements for selling the Products in the United Kingdom; and 3.2.5 conform in all material respects with their description and/or the manufacturers specication subject to any qualication or representation contained in the brochures, advertisements or other documentation including but not limited to these Terms. 3.3 Where we are not the manufacturer of the Products, we shall endeavour to transfer to you the benet of any warranty or guarantee given to us. 3.4 This warranty is in addition to your legal rights in relation to Products which are faulty or which otherwise do not conform with these Terms. Advice about your legal rights is available from your local Citizens Advice Bureau or trading standards ofce. 3.5 This warranty does not apply to any defect in the Products arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Products in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval. 3.6 We will take reasonable steps to pack the Products properly and to ensure that you receive your Order in good condition. 3.7 These Terms apply to any repaired or replacement Products we supply to you in the unlikely event that the original Products are faulty or do not otherwise conform with these Terms. 4. Installation 4.1 Installation services provided by us do not form part of these Terms and are subject to separate terms and conditions available via our website at www.wrenkitchens.com/installation-terms or from one of our stores. 4.2 Where we are not providing installation services for our Products the following shall apply: 4.2.1 it is your own responsibility to install or have installed the Products. Do not conrm your installation arrangements until the Products you have ordered have been delivered and checked by you in case delivery is late or there is a problem with the Products; 4.2.2 it is your responsibility to ensure that installation works carried out by third parties are carried out to a satisfactory standard and that such third parties do not damage or deface the Products; 4.2.3 before working with electricity, gas or water you should always consult a professional trade person or GAS-SAFE registered plumber. Always read and follow any relevant manuals and safety instructions. When working with electricity always turn off the mains power. 4.3 We cannot advise on planning permission or building regulations consent issues, this is your responsibility. 5. Delivery 5.1 Unless we otherwise notify you in your Order and subject to condition 5.5, we or our delivery agent will use reasonable efforts to deliver the Products you have ordered to you within 30 days of the date of the Order Conrmation or by the delivery date agreed at the time of the Order. Delivery will be made to the United Kingdom (mainland only) address you nominate in your Order and a charge is made for delivery. We or our delivery agent will contact you to arrange delivery. We will give you at least 48 hours notice of the delivery date and on the day prior to delivery we will notify you of when your delivery will be made in the morning or the afternoon. 5.2 Despite condition 5.1, we cannot guarantee that delivery will be completed within 30 days of the date of the Order Conrmation. If we have not contacted you to arrange delivery within 30 days of the Order Conrmation you may contact us to request that delivery must be made within 7 days of your request and subject to us both agreeing a suitable delivery date and to you complying with conditions 5.9 and 5.12 we shall ensure delivery is made within 7 days of your request. 5.3 Where you request delivery to be made on a date which is more than 60 days after the Order Conrmation date we reserve the right to change the price of the Products and we will notify you if we do. If you are unhappy with this change you may cancel the Order provided that you do so within 7 days of being notied of the price change. 5.4 Delivery of the Order shall be completed when we deliver the Products to you. 5.5 We will take reasonable steps to deliver in accordance with condition 5.1 or as otherwise agreed between us in writing. However, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date with you. Please allow extra time for deliveries to the Scottish Highlands and Islands. 5.6 If you fail to take delivery of an Order, then, except where this failure is caused by our failure to comply with these Terms or by an event beyond your control: 5.6.1 we will store the Products until delivery takes place and may charge you a reasonable sum currently 10 per item of Product per day to cover expenses and insurance; 5.6.2 we shall have no liability to you for late delivery; 5.6.3 we will charge you our standard delivery charge for any subsequent attempts we may make to deliver the Products. 5.7 If you have not taken delivery of the Products within 30 days of our rst attempt to deliver the Order, we may, after giving you reasonable prior notice in writing, resell or otherwise dispose of part or all of the Products. 5.8 If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will deliver the Order in instalments. We will not charge you extra delivery costs for this. If you ask us to deliver the Order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment. 5.9 You must ensure that you or a nominated representative over the age of 18 is present at the designated delivery time and location to accept and sign for the delivery of Products. 5.10 You must promptly (and before making arrangements for installation) check the delivery and report any discrepancies between the delivery and the Order in writing. You agree that our delivery staff/agents may take photographs of the Products on delivery as evidence that they have been delivered and as to their condition on delivery. 5.11 You must inspect the Products upon delivery. If the Products do not arrive on the delivery date or are damaged on arrival, you must report it to us within 7 days of delivery date or intended delivery date. We may not accept any claims submitted after this period. 5.12 You must ensure that our delivery staff/agents have a clear and safe means of access to your delivery address. We may refuse to deliver the Products and store them at your cost (in accordance with condition 5.6.1) until the access is clear and safe if you do not comply with this obligation. 6. Defective goods and returns 6.1 In the unlikely event that the Products do not conform with these Terms, please let us know as soon as possible after delivery. Where a Product has been returned to us, we will examine it and, if you are entitled, we will either repair, replace or refund the price of the defective Product as soon as possible and, in any case, within 30 days of the day we conrm the repair, replacement or refund for the defective Product. For refunds of a Product returned by you because of a defect the price of the Product will be refunded in full, including a refund of the part of the delivery charge which related to that defective Product for sending the item to you and the cost incurred by you in returning the item to us. For a replacement or repair of a defective Product we will not charge you for redelivery of the repaired or replaced Product. 6.2 We will issue a full refund of all sums paid for Orders for Products which were cancelled during the Cooling Off Period. 6.3 These Terms will apply to any repaired or replacement Products we supply to you. 6.4 If a refund is due to you under this condition it will be paid to you within 30 days of the date on which we conrm a refund is due to you. 6.5 You must notify us of your intention to return any Products before returning it. This can be done by emailing us at enquiries@wrenkitchens.com or calling us on 0845 404 1000. All returns must be made to our nominated premises within the United Kingdom (mainland). If you fail to return the Products upon our request, we may charge you the direct costs of the recovery of the Products. 7. Risk and title 7.1 The Products will be at your risk from the time of delivery. 7.2 Ownership of the Products will only pass to you when we receive payment in full of all sums due for the Products, including delivery charges. 8. Price and payment 8.1 The price of the Products will be as set out in the quotation we provided to you or, if we have not provided a quotation or the quotation has expired, in our price list in force at the time we conrm your Order. Prices are liable to change at any time, but price changes will not affect Orders that we have conrmed in writing except as specied in condition 5.3. 8.2 These prices include VAT unless otherwise expressly stated. 8.3 The prices for the Products exclude delivery costs which will be added to the total amount due, the delivery costs are set out in the Order Conrmation. 8.4 It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that, where the Products correct price is less than our stated price, we will charge the lower amount when dispatching the Products to you. If the Products correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Products, or reject the Order and tell you. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing, we do not have to provide the Products to you at the incorrect (lower) price. 8.5 Unless otherwise agreed in writing payment for Products must be made in advance of delivery by either United Kingdom credit or debit card or cheque. We accept payment with Mastercard, Visa, Meastro, Solo, Delta or Visa Electron. We will charge you an administration fee of 5 if and each time your bank is unable to process your payment. 8.6 Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend any other outstanding Order until you have paid the outstanding amounts. 8.7 Condition 8.6 shall not apply for the period of the dispute if you dispute the payment owing in good faith and let us know promptly after you have received the invoice that you dispute it. 9. Our liability 9.1 Subject to condition 9.3, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms and which are limited to the purchase price of the Products you purchased. 9.2 Neither of us shall be responsible for any consequential losses that result from our failure to comply with these Terms including, but not limited to, losses that fall into the following categories: 9.2.1 loss of income or revenue; 9.2.2 loss of business; 9.2.3 loss of anticipated savings; 9.2.4 loss suffered by you in failing to adhere to conditions 4.2 and 5.10; 9.2.5 loss of data; or 9.2.6 any waste of time. However, this condition 9.2 shall not prevent claims for damage to, your physical property. 9.3 This condition does not include or limit in any way our liability for: 9.3.1 death or personal injury caused by our negligence; or 9.3.2 fraud or fraudulent misrepresentation; or 9.3.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or 9.3.4 losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or 9.3.5 any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability. 9.4 We are not liable to you or responsible for losses or damage incurred by you due to you providing to us incorrect measurements, plans, specications, choices and details or failure by you to take account of the features, size and shape of the space in which you wish to install our Products. 10. Events outside our control 10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event). 10.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following: 10.2.1 strikes, lock-outs or other industrial action; or 10.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or 10.2.3 re, explosion, storm, ood, earthquake, subsidence, epidemic or other natural disaster; or 10.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or 10.2.5 impossibility of the use of public or private telecommunications networks. 10.3 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to nd a solution by which our obligations under these Terms can be performed despite the Force Majeure Event. 11. Assignment You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms. 12. Notices All notices sent by you to us must be sent to Wren Kitchens Limited at Customer Service, Wren Kitchens, Ferry Road, Howden, East Yorkshire, DN14 7UW or enquiries@wrenkitchens.com. We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufcient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specied e-mail address of the addressee. 13. General 13.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law. 13.2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing. 13.3 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999. 13.4 We warrant that we will process your personal data in compliance with all applicable laws, enactments, regulations, orders, standards and other similar instruments. We further warrant that, having regard to the state of technological development and the cost of implementing any measures, we will take appropriate technical and organisational measures against the unauthorised or unlawful processing of your personal data and against the accidental loss or destruction of, or damage to, your personal data. 13.5 These Terms shall be governed by English law and we both agree to the nonexclusive jurisdiction of the English courts. We do not accept orders from addresses outside the UK and Channel Islands. 14. Customer Services 14.1 We try very hard to exceed expectations. In case we fail and you need to complain about our service then you can contact using one of the following methods: 14.1.1 Email: enquiries@wrenkitchens.com; 14.1.2 Post: Customer Service, Wren Kitchens, Howden, East Yorkshire, DN14 7UW 14.1.3 Telephone: 0845 404 1000 (within the hours of Monday to Friday 9 am to 8 pm, Saturday 9 am to 6 pm and Sunday 10 am to 4 pm).