Terms and Conditions
Kitchen Units Online Terms & Conditions of Sale
1.1 The following Conditions shall apply to all contracts concluded by Kitchen Units Online.
In these Conditions, the following words shall have the following meanings: the Seller shall mean Mayflower Kitchens Limited T/A Kitchen Units Online. The Goods shall mean the products which are supplied by the Seller in accordance with these Conditions. The Buyer shall mean the person, firm or company entering into the Contract to purchase the Goods from the Seller. Writing includes fax, e-mail or post.
1.2 The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. Basis of the Sale
2.1 The Seller shall sell and the Buyer shall purchase the Goods in accordance with any order acknowledgement provided by the Seller to the Buyer, subject to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions, even though a buyer might seek to impose other Conditions submitted later which purport to exclude or supersede any Conditions contained herein.
2.2 No variations of these Conditions are permitted unless expressly permitted by a Director of the Company or other authorised person in Writing.
2.3 A full refund will be issued for any sample door/s supplied only after the Buyer places an order that exceeds £3000.00. The samples may be returned on the Sellers delivery van at point of delivery of the Order or it may be returned at the Buyers own cost and must be in the original condition subject to an order being placed. Subject to satisfactory inspection, a full credit for the cost of the sample doors will be issued to a maximum of 3 doors.
2.3a All samples to be returned to Kitchen Units Online must be suitably packaged. Failure to do so will result in NO refund being offered. Drivers will have the final authority to refuse to collect non packaged doors.
2.4a Units Online cannot be held responsible for dimensional errors that have been supplied by the purchaser/builder and for errors and/or omissions on any plans/drawings issued. It will be the purchasers responsibility to have the plan(s) checked by a competent builder/fitter and to advise Units Online of any required changes. These changes may be subject to additional cost.
2.4b A full refund will be issued for any planning service purchased that relates to the order placed for all orders over £5,000.00, kitchen must be purchased within 6 months of final plans sent. Additional planning, i.e. small utility room, would also be planned if required inclusive of original planning fee if utility is ordered at same time as the kitchen.
2.4c Our planning service does not include lightning, decorative fittings, wall paint colours or flooring.
3. Orders, Cancellations, Returns and Replacements
3.1 All orders must be sent to the Seller in Writing, by online order system, post, e-mail or fax. Cancellation requests should be sent in the same manner as the original order, including all appropriate reference numbers.
3.2 The Goods are 'made to order' hence no right to cancel exists for the Buyer except where expressly agreed by the Seller in Writing and we will ask for reason for cancellation and must be agreed within seven days of receiving the order with the exception of special and paint to order doors.
3.3 Liability for the order rests with the Customer. It is the Customer’s responsibility to check that the order is correct and that the items are suitable for the intended use. Any suggestions or guidance provided by Kitchen Units Online is for guidance only and Kitchen Units Online will not be held liable for such advice.
3.4 The Buyer will in the event of agreed cancellation by the Seller indemnify the Seller fully against all expenses incurred up to the time of such cancellation.
3.5 Where permission to return is agreed, the Goods can not have been fitted and must be returned at the Buyers expense in their original condition in their original unopened packaging.
3.6 Where the Goods are not made to order, under the consumer credit act you may withdraw from this agreement at any time up to 7 working days after we have delivered the products to you. If you do wish to return the goods they must be in perfect condition and in their original unopened packaging. Delivery expenses and the return of products would be the responsibility of the customer. Any applicable re-handling charges would be advised of on request. After deducting any applicable re-handling costs we will reimburse the due credit amount to you within 30 days of receiving the products in the condition described above. All cancellations must be received in writing.
3.7 The Buyer shall be responsible for checking all units and accessories are correct at the time of order, any advice given by Units Online is not a guarantee of accuracy. Any amendments after the time of order will incur a £25 (inc VAT) administration fee. Any amendments after the placing of the order must be notified in writing and must have prior approval from Units Online.
3.8 The Buyer is entitled to free replacement of any Goods that arrive damaged. The Buyer must inspect the Goods and inform the Seller within 24hrs of delivery of any damages, shortages or errors. The replacement Goods will be shipped assembled or flatpack, dependant on UK geographical location.
4.1 All prices charged are those in place at the date of acceptance of the order from the Buyer unless otherwise stated.
4.2 The Seller reserves the right to adjust prices and specifications on this website with no notice and without exception to 4.4.
4.3 Unless otherwise stated, the prices shown are inclusive of VAT.
4.4 All prices quoted are valid for 30 days or until earlier acceptance by the Buyer, after which time they may be altered by the Seller without giving notice to the Buyer.
4.5 Occasionally an error may occur in the pricing on the Website in which circumstances we will not be obliged to supply the products at the incorrect price.
4.6 The Seller reserves the right to review the pricing on the Website from time to time.
4.7 Units Online retains a minimum order value of £3000 (inc VAT) excluding delivery, on the website for all orders. It may be possible to purchase smaller orders with the express written permission of Units Online, subject to a small order charge. Orders Submitted without this consent will be refunded and all fees and charges Kitchen Units Online incur will be borne by the purchaser without exception.
4.8 Existing customers with previous orders over £3000 (inc VAT) may purchase units with a total value less than £3000 (inc VAT) within 12 months of their original order and subject to our standard delivery charge.
4.9 Any refunds for payments made online via the Units Online website will be refunded to the credit/debit card used to make the original payment. All other refunds will only be made by BACS to a nominated bank account as instructed by the Buyer. Refunds will be issued on either the 1st or 10th, which ever is next occurring, of a calendar month.
5.1 The actual colour of products supplied may vary from the Website images and the samples provided. In particular, items of solid wood or veneer may vary in colour and grain. The customer is not entitled to end the contract or make a claim against the seller on the basis of reasonably anticipated variation in colour or grain.
5.2 While every effort has been taken to provide accurate images and product information on this site we cannot guarantee that colours and finishes will be exactly as seen on the site. We supply units with a standard quantity of shelves and fittings which may not be reflected accurately in all the images. We do not make any guarantees regarding a product's appropriateness for use.
5.3 Painted door and accessories shall not have any sharp edges or splinters that are likely to cause discomfort or injury to persons during normal use of furniture. When components are viewed with normal or corrected vision at arms length there shall be no obvious defects that would detract from the appearance of the components in its normal position of use, for example components shall be free of the following:- Machining imperfections - torn grain, sanding marks, inaccurate edge trimming. General - excessive variations in colour, mismatch in appearance of wood grain. Poor finishing - lacquer runs, pimples and shrinkage. Irregular joints - poor jointing, gaps
5.4 Generic website images are used for guidance only. The customer is not entitled to make a claim against the seller on the basis that generic images used within this site are accurate.
5.5 While every effort has been taken to provide accurate design images through our planning service we cannot guarantee that colours and styles will be exactly as seen on this and/or manufacturers websites. We supply design and planning elevation images with a standard style and finish of door style which may not be reflected accurately in all the images. We do not make any guarantees regarding a product image accuracy or appropriateness for use.
5.6 Door and drawer sizes shown on the website are generic and will vary per range. Please contact us for specific sizes within each range if required.
6.1 The Buyer selects Goods that are ordered directly and immediately via our website, full payment is made at point of order in this circumstance, via the secure payment servers of Secure Trading.
6.2 The Seller reserves the right at any time to demand payment in full before continuing with or delivering any Order.
6.3 Method of final payment is to be agreed before Goods are dispatched.
6.4 Payment methods include but are not restricted to Credit/Debit cards online or by phone, Personal Cheque or Direct Bank Transfer. Whichever method is used, applicable clearance times will be allowed for before placing any Order or delivering any Goods.
6.5 The Seller will have the option if necessary to charge 3% of the order value per 7 day week from planned delivery to the buyer of any order delayed delivery if not the fault of the Seller but the Buyer beyond the original agreed delivery date.
6.6 We do not accept Amex & Diners club credit cards.
6.7 The Seller has the right to cancel any unauthorised orders outside our terms and conditions, all refunds will shall be processed within 36 hours of payment. The Seller reserves the right to withhold any charges made by the Sellers credit company Sage Pay for the sale/refund of the value of the unauthorised order. The Buyer may contact the Seller for the fees.
7.1 Delivery of the Goods shall be made by the Seller’s delivery company delivering the Goods direct to the Buyer’s specified mainland UK address.
7.2 The Seller shall be responsible for the delivery of Goods to the delivery address. The buyer must arrange for assistance at time of delivery unless additional staff have been employed.
7.3 The delivery date specified in the contract is a genuine forecast in the light of current conditions but is given without legal commitment. Factors outside the Sellers control can arise, potentially causing delays. A four hour delivery ‘window’ will also be specified at the point the Sellers delivery company contacts the Buyer directly. Time of delivery is not of the essence but every effort will be made to ensure it is met.
7.4 The Seller shall not be liable for any delay in delivery howsoever caused. Late delivery of the Goods does not entitle you to reject the Goods, terminate the Contract or withhold payment of any part of the price.
7.5 The Seller reserves the right to make delivery of the Goods by instalments. Failure by the Seller to deliver the Goods in a single instalment constitutes no right on the Buyers behalf to repudiate any part of the Contract.
7.6 Deviations in quantity of the Goods delivered from that stated in the Buyer’s order shall give the Buyer no right to reject the Goods or to claim damages. The Buyer shall be obliged to accept and pay at the hitherto stated rate for the quantity of the Goods delivered.
7.7 The Seller shall not be held responsible for any damage or injury caused by any object delivered by the Seller or its agents under direction of the Buyer as to its final resting location.
7.8 The Seller or its agents shall not be held responsible to assist the buyer in movement of the goods except unloading to the kerb side.
7.9 Where a failed delivery takes place and additional delivery, storage or other costs are incurred when meeting the Buyers requirements, all additional costs will be passed on to the Buyer, and must be settled before re-delivery takes place.
7.10 It is the responsibility of the Buyer to inform us, at time of order, of any unsuitable road conditions that may affect the delivery. What constitutes an unsuitable road condition is at the discretion of the Seller’s delivery driver.
7.11 Additional delivery and storage charges will also be levied to the Buyer when the Buyer gives insufficient warning of a delivery cancellation or rearrangement. Typically, insufficient warning means any time within 5 working days prior to the arranged delivery date.
7.12 The majority of deliveries will be made within 2-6 weeks of order depending upon the finish. All delivery dates are given as guidelines only. We do not accept any legal responsibility for any direct, indirect or consequential loss involved with delayed deliveries. We will inform the customer of any non-stock items or extended delivery dates by email or telephone.
7.13 The buyer shall be liable for any charges incurred for deliveries that have delayed the departure of the Seller or its agents by the buyer or the buyers agents. The buyer will be required to settle these fees within 7 days of delivery. Any and all charges with be supplied with photographic evidence.
8. Retention of Title
8.1 Ownership of all Goods sent to the Buyer remains the Seller’s and will not pass to the Buyer until one of the following events occurs: We are paid for all Goods and Services supplied to you by us and no other amounts are owed by you to us in respect of other Goods and Services supplied to you. Where Goods are attached to or incorporated in other Goods or are altered by you, ownership of Goods shall not pass to you purely by virtue of the attachment, incorporation or alteration if the Goods remain identifiable and, where attached to or incorporated in other Goods, can be detached or removed from them.
8.2 The Buyer must store the Goods away from any other Goods until they become your property in accordance with these terms.
8.3 You must allow the Seller or the Sellers agents’ entry onto your premises for the purposes of exercising our rights under these Terms. If necessary, you must allow us to detach or remove Goods from any other goods. This does not affect any other rights you may have.
9. Lien and Stoppage
9.1 Until the title in the Goods has passed to the Buyer the Seller has the right to withhold delivery if the Buyer (being a Company) has a petition presented for its winding-up or for an administration order under the Insolvency Act 1986 or passes a resolution for voluntary winding-up other than for the purposes of a bona fide amalgamation or reconstruction or compounds with its creditors or has a receiver appointed of all or part of its assets or (being an individual) becomes bankrupt or insolvent or enters into any arrangements with creditors or takes or suffers any similar action in consequence of debts or carries out or undergoes any analogous act or proceedings under foreign law.
10.1 The Buyer is under a duty whenever possible to inspect the Goods on delivery. Where the Goods are sent by courier and/or cannot be examined, the carriers’ delivery note must be marked “unexamined”.
10.2 The Seller shall be under no liability for any damage or shortages that would be apparent on careful inspection if the terms of this clause are not complied with and, in any event will be under no liability if a written complaint is not delivered to the Company within 24 hours of delivery detailing the alleged damage or shortage.
10.3 In all cases where defects or shortages are complained of the Seller shall be under no liability in respect thereof unless an opportunity to inspect the Goods is supplied to the Seller before any use is made thereof or any alteration or modification is made thereto by the Buyer.
10.4 Subject to clause 10.2 and 10.3, the Seller agrees to make good any shortage in the Goods and where appropriate replace any goods damaged in transit as soon as it is reasonable to do so, but otherwise shall be under no liability whatsoever arising from such shortage or damage.
11. Non-Transferable Warranty/Guarantee
11.1 The Seller warrants that it has title to and the unencumbered right to sell the Goods.
11.2 It is the Buyer’s responsibility to ensure that the Goods are suitable for the purpose to which they are intended to be used.
11.3 No representation or warranty is given as to the suitability or fitness of the Goods for any particular purpose and the Buyer shall satisfy itself in this respect and shall be totally responsible therefore.
11.4 If the Buyer has any specific requirements for the use of the Goods the Buyer must notify these requirements to the Seller in writing before purchasing the Goods.
11.5 If the Buyer is unsure as to the suitability of any Goods for a particular purpose it should consult the Seller prior to purchase.
11.6 If the Goods are in such a state as would but for this condition entitle the Buyer to repudiate the contract, the Seller reserves the right to repair or replace the Goods.
11.7 All timber products whether manufactured from natural or engineered boards are produced to comply with modern living standards and there have a very low moisture content in line with centrally heated rooms. It is therefore imperative that in a new house or home where building work has been undertake that adequate drying time has been allowed prior to delivery of any kitchen cabinets or accessories. We cannot take responsibility for any faults arising from such situations. it is the clients responsibility to ensure that these areas are completely dry and well ventilated.
11.8 The carcase units, drawer runners, drawer boxes and hinges are fully guaranteed (Non-Transferable) by the manufacturer against manufacturing defects over a period no less than 25 years from the date of delivery, all doors, bins and wireworks purchased are guaranteed for 1 year only. All doors, facias, bins and fitted accessories carry a 12 month RTB (Return To Base) warranty, it is the Buyer's responsibility to arrange removal and replacement of any item replaced by the Seller under its guarantee.
12. Limitation of Liability
12.1 The Seller shall not be liable for any indirect, incidental, consequential loss arising out of the Contract or the performance or any use of the Goods or Services.
12.2 Nothing in clause 11 shall be deemed to exclude or restrict the Sellers liability for death or personal injury resulting from the Sellers negligence.
12.3 The price shall be affected by any material changes that you request or which are agreed provided for herein, even if we were advised of the possibility of such damages.
12.4 The maximum liability of the Buyer or the Seller under any Contract between the Buyer and the Seller is limited to the price.
12.5 This clause only covers defects caused by faulty design, manufacture, materials or workmanship. It does not cover defects caused by abnormal use, misuse or neglect. It does not cover faulty design, manufacture materials or workmanship supplied or undertaken by the Buyer or third parties. In respect of goods not designed or manufactured by the Seller, the Seller only gives such guarantee or warranty to the Buyer as the Company itself receives. The Seller agrees that if any defect covered by clause 12.5 is discovered during the period of twelve months commencing from the date of despatch, the Seller will either repair the Goods at its own expense or, if it chooses to do so, replace them. The Seller does not bear any responsibility for defects arising or introduced by a Buyer in the course of storage or handling of the products where that Buyer acts as an agent or distributor of the Seller’s products. The Buyer should consult the Seller if any doubt exists with regard to the appropriate storage or handling requirements of the Goods. The Buyer must inform the Seller of any defect applicable to this clause within 48 hours from delivery. These Goods are to be returned to the Seller, at the Buyers expense in the same fit state as the Goods were delivered to the Buyer. The risk of accidental loss while the Goods are being returned will be borne by the Buyer. In consideration for receiving the benefit of this clause, the Buyer agrees that, apart from those terms set out in Clauses 9, 10 and 11, no other terms, conditions, warranties or innominate terms, express or implied, statutory or otherwise, shall form part of this Contract.
12.6 Exclusion of Consequential Loss the Seller shall not be liable for any consequential or indirect loss suffered by the Buyer whether this loss arises from breach of duty in Contract or in any other way (including loss arising from the Seller’s negligence). Examples of consequential or indirect loss are, but not limited to: loss of profits, loss of contracts, time taken up by the Buyer, damage to property of the Buyer or anyone else, and personal injury to the Buyer or anyone else (except when such injury is attributable to the Seller’s negligence).
12.7 Limitation the Seller’s total liability for any one claim or for the total of all claims arising from any one act or default of the Seller (whether arising from the Seller’s negligence or otherwise) shall not exceed £1,000,000.
12.8 The information and materials contained in this web site, including without limitation, graphics, text and links, are provided to the best of our knowledge and ability and we cannot accept liability as to the completeness or accuracy of the contents, products or services portrayed within. No assurance is given that this website is free of errors or viruses and use of this website is at your own risk.
13. Delay or Failure to Perform
13.1 The Seller shall not be held liable to the Buyer if the Seller is prevented or delayed in the performance of any obligations to the Buyer if this is due to any cause beyond the Seller’s reasonable control, for example but not limited to: Seller's supplier delivery delay, Seller's supplier manufacturing fault, Seller's supplier painting delays, Seller's reasonable manufacturing capacity, an act of God, contagious disease, explosion, flood, fire or accident. War or civil disturbance. Strikes, industrial action or stoppages of work. Any form of government intervention be UK Government or overseas supplier's Government. A third party act or omission. Failure by the Buyer to provide the Seller with a correct e-mail or delivery address or notify us of any change of address, or inform us of any highway restrictions preventing delivery to the Buyer. Shortage of materials, labour or manufacturing facilities.
13.2 Should the Seller be prevented from delivering in the above circumstances, it shall give the notice of this fact as soon as reasonably practicable.
13.3 If the circumstances preventing delivery are still continuing three months after the Buyer receives the Seller’s notice, then either party may give written notice to the other cancelling the Contract.
13.4 If the contract is cancelled in this way, the Seller will refund any payment which the Buyer has already made on account of the price (subject to deduction of any amount the Seller is entitled from the Buyer) but the Seller will not be liable to compensate the Buyer for any further loss or damage caused by failure to deliver.
14.1 All information contained herein alongside any other information provided to the Buyer remains the intellectual property of Kitchen Units Online. Any use of these trademarks, literature, images is strictly prohibited unless expressly permitted in Writing by a Director of the company or an authorised representative.
15.1 Any notice to be given hereunder shall be in Writing and shall be deemed to have been duly given if sent or delivered to the party concerned at its address specified herein or such address as the party may from time to time notify in Writing and shall be deemed to have been served, if sent by post, 48 hours after posting.
16. Governing Law and Jurisdiction
16.1 English law shall govern all contracts for the purchase of items from this Website and any disagreement shall be subject to the authority of the English Courts. If any provisions of these terms and conditions shall be prohibited, invalid or for any reason unenforceable then that provision shall be deemed severable and shall not affect the legitimacy and enforceability of the remaining provisions.
17.1 Neither the Seller nor the Buyer shall assign or transfer or purport to assign or transfer the contract or the benefits thereof to any other person without the prior written consent of the other.
18.1 No waiver by the Seller of any breach of these conditions shall constitute a waiver of any other breach. No failure by the Seller to exercise any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
19.1 Whilst the Seller has taken every precaution in the preparation of this website and all other relevant information provided to the Buyer, this information is supplied for the Buyer’s general guidance only, and the particulars contained therein shall not constitute representations by the Seller and the Seller shall not be bound thereby.
19.2 Images, descriptions and sizes refer to patterns and specifics of all Goods as made at the time of publication. In view of continued improvements and variations in availability of materials, the right is reserved to supply Goods of similar quality which may not correspond exactly with the particulars given.
19.3 Kitchen Units Online do not disclose any customer information to third parties, except for Goods delivery purposes. Cookies are used on this site to enable Customers to use the Shopping Cart, process Customer Orders and to store Customer details.
Suggestions or Comments
If you have any comments or suggestions please email firstname.lastname@example.org Or call us on 01823 665817
Alternatively you can write to us:
Kitchen Units Online
5c Castle Road
Chelston Business Park
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“Thank you so much for our dream kitchen. Your kitchen designer was brilliant, so helpful, we would never have thought of the style.” Mr & Mrs S