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Terms and Conditions
1.1 The definitions below apply to these terms and conditions:
1.1.1 “we/us/our”: DIYKitchenFurniture.co.uk is owned and operated by DIY Homefit Ltd. whose principal place of business is at 5a Stanhope Gate Stanhope Road Camberley Surrey GU15 3DW and whose registered office is at 9 Cumberland Road Camberley Surrey GU15 1SF.
1.1.2 “you/your”: the person, firm or company who purchases goods from us
1.1.3 “goods”: any goods which we have agreed to supply to you.
1.1.4 “services”: any services which we have agreed to supply to you.
1.1.5 “internet sale”: any sale placed via the internet or by telephone.
1.1.6 “contract”: the contract between you and us for the sale and purchase of the goods and services incorporating these terms and conditions.
1.1.7 “confirmation of supply”: the written confirmation from us to you agreeing to supply your order to you.
1.1.8 “our website”: www.DIYKitchenFurniture.co.uk which is owned and operated by DIY Homefit Ltd.
2. Basis of the contract
2.1 We will sell and you will buy the goods and services in accordance with these terms and conditions.
2.2 The contract is formed when we give you a confirmation of supply by email, mail or hand delivery.
2.3 For internet sales you are responsible for ensuring that the specifications of products within your order are complete and accurate and that the goods you order are suitable for your intended use before you place your order with us.
2.4 Our information, images, samples and colour swatches are intended as a general guide only and do not form part of the contract. Products may be subject to minor changes which do not significantly affect their appearance or performance. The colour of products viewed on our website, brochures or provided by samples or swatches may vary from that of the actual goods. Colours may also vary between different batches of production.
2.5 If, after we have sent you our confirmation of supply, we are unable to supply the goods you ordered for any reason beyond our reasonable control, we will notify you and where possible will offer you an alternative of equal or greater value. At your option you can either cancel your order or accept the alternative offered.
3. Your right to cancel an internet sale contract
3.1 As a consumer purchasing over the internet or by telephone you are legally entitled to cancel your contract with us for certain goods you order up until the fourteenth working day after you receive them.
3.2 The right to cancel your contract is however subject to the following conditions:
3.2.1 you are not entitled to cancel your contract where the goods have been made to your specification. All doors and their accessories plus carcasses supplied by us are made to order, to your specification;
3.2.2 you will be responsible for returning the goods to us in an undamaged and unused condition using the original packing materials or an equivalent.
3.3 Where you cancel the contract in accordance with this clause, provided you return the goods to us in an undamaged and unused condition you will be entitled to a full refund of all monies paid by you. You do however have to pay the cost of returning the goods to us. If you do not pay this, we will be entitled to recover from you the costs of returning the goods and will subtract this amount from the refund. Where substitute goods are returned under this clause, we will pay the cost of returning the goods to us.
3.4 If you wish to cancel this contract under the above conditions you must give us written notice by email, first class mail, or hand delivery to our business address.
3.5 Notice by email or hand delivery is to be taken as having been given on the date of transmission or hand delivery. Notice by mail is to be taken as given on the date of posting.
4. Pricing and payment
4.1 The prices payable by you for the goods and services that you order will be the price set out on your order unless there is a subsequent change in the VAT rate at the time of supply, in which case you will pay a price which reflects that change.
4.2 Full payment for the goods is due at the time of order placement. Goods will not be supplied on any other payment basis.
5.1 We will deliver the goods ordered by you to the address you provide us for delivery at the time of order which must be the mailing address for your credit, debit or charge card unless previously agreed by us in writing.
5.2 Delivery will normally be within 20 working days from our confirmation of supply. We will do all we reasonably can to meet this timeframe. However, in the case of circumstances beyond our control we may not be able to do so. Time for delivery will not be of the essence of the contract.
5.3 You must inform us at the time of order of any impending holidays/exclusion dates for delivery.
5.4 As soon as the manufacturer confirms to us that your goods are scheduled for manufacture we will inform you of the scheduled delivery week. If you request a delayed delivery date, we reserve our right to recover from you any additional charges which we may become liable for.
5.5 As soon as the manufacturer informs us that your goods have been shipped we will inform you. Depending upon method of carriage delivery could be as soon as the following day or up to 5 days.
5.6 You will do all you reasonably can to enable delivery to take place on the delivery date. Please be aware that most of our products are heavy items and require assistance to offload. You must ensure that reasonable access is available, at least one able bodied person is available to offload and that delivery can take place in a safe and lawful manner. Deliveries will be to ground floor only.
5.7 You must inspect the packaging for transit damage when it arrives and if necessary note the damage at the time of signing for acceptance of delivery. No claims for transit damage goods can be accepted unless this is done.
5.8 Your goods may arrive in more than one delivery.
6. Quality, suitability and warranty
6.1 All our products are warranted for a period of 12 months from the date of delivery. We will replace or repair defective goods, at our discretion, free of charge. Where an item is no longer available we will offer a substitute. Where we replace defective goods you are responsible for the disposal of the defective goods. Should we decide, at our discretion, to collect the defective goods you are responsible for repackaging the goods suitable for collection.
6.2 We warrant that the goods will:
6.2.1 be of satisfactory quality within the meaning of the Sale of Goods Act 1979; and
6.2.2 be reasonably fit for purpose.
6.3 Where the goods have a manufacturer’s warranty of more than 12 months as indicated on our website we undertake to assist you in obtaining the benefit of such warranty.
6.4 We will not be liable for any breach of the above warranties unless we receive written notice from you of such breach and we or our suppliers are given a reasonable opportunity to inspect and, at our discretion, collect the goods. However, you will be charged for the replacement item which will be credited in full if the returned item is found to be a breach of any of the warranties.
6.5 Should you wish to make a claim based upon defects in the goods as received, you must notify us in writing within 3 working days of delivery. If your claim is for transit damage, you must notify us in writing within 24 hours of delivery. The provisions of clause 3.5 apply to any notices given under this clause.
7. Title and risk
7.1 Provided payment has been made in full you will become the owner of the goods you have ordered upon their delivery to you. Once the goods have been delivered they will be held at your own risk and we will not be liable for any subsequent damage to the goods or for their loss or destruction.
8.1 We will not be liable for any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow our instructions (whether oral or in writing) misuse, alteration or repair of the goods without our prior written approval.
8.2 We will not be liable for any loss or delays arising from circumstances beyond our reasonable control – including, but not limited to, failure by our own suppliers to deliver on time, goods that are damaged in transit or goods that have to be replaced for any reason.
8.3 We will not be liable for any injury, loss or delay caused by the independent contractor who will be engaged to deliver your goods.
8.4 We will not be liable for any consequential or special loss arising out of any breach of condition, warranty or contract on our part in respect of the goods. Our liability for any such breach in respect of the goods will be limited to their net invoice value or, at our discretion, to replacement of the goods.
8.5 We will not be liable for any defects, injury, loss or damage resulting from your negligence or arising from installation in a damp environment, lack of proper maintenance, improper use, accidents, unauthorised alteration, faulty workmanship or negligence on the part of others (except our employees and sub-contractors).
8.6 We will not be liable for any inaccurate statements, errors or omissions contained in any brochure or literature produced by any manufacturer over which we have no control.
8.7 Nothing in these terms and conditions will restrict our liability for
8.7.1 death or personal injury caused by any act, default or negligence by us
8.7.2 fraudulent misrepresentation; or
8.7.3 any other liability to the extent such liability may not be excluded or limited as a matter of law.
9.2 Our website contains some pages of help and advice to assist you to do business with us. These are indicative of our general working principles and are not intended to change, replace or be incorporated into these terms and conditions.
9.3 No variation to these terms and conditions will be binding unless agreed between us in writing. You agree that you do not rely upon any representation in respect of the goods unless confirmed in writing between us.
9.4 Nothing in these terms and conditions will reduce your statutory rights as a consumer.
9.5 All the prices on our website are in pounds sterling. We do not accept any other currency.
9.6 Our area of supply is limited to the United Kingdom.
9.7 A person who is not party to this contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this contract.
9.8 If any of the provisions of this contract are held to be unenforceable, the provisions will be severed from this contract and the remaining provisions will be valid and enforceable.
9.9 These terms and conditions are governed by and will be construed in accordance with English law.
10. Complaints and dispute resolution procedure
10.1 We aim to provide an effective customer-led service supplying goods and services which we believe are both excellent products and value for money. However, should any difficulties arise between us under this contract, we will strive to resolve them amicably. Despite this intention, if you still feel the need to make a formal complaint please do so in writing sent to our business address.
10.2 If any dispute arises in connection with this contract which cannot be resolved between us under clause 10.1, then we and you will attempt to settle it by mediation in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed between us, the mediator will be nominated by CEDR.
10.3 Should the mediation procedure not resolve the dispute, we and you agree to submit to the jurisdiction of the English courts.