1. THESE TERMS

1.1. What these terms cover. These are the terms and conditions on which we supply our goods and/or services to you.

1.2. Why you should read these terms. Please read these terms carefully before you allow us to submit your order. These terms tell you who we are, how we will provide goods and services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

1. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1. Who we are. We are The Ventnor Kitchen Company Ltd.; a company registered in England and Wales. Our company registration number is 15950828 and our registered office is at High Bank, Hunts Road, St Lawrence, Ventnor, PO381XT. Our registered VAT number is 475896815

2.2. How to contact us. You can contact us by telephoning our customer service team at 01983 244824 or by writing to us at info@theventnorkitchencompany.co.uk or The Ventnor Kitchen Company, 30 High Street, Ventnor, PO381RZ

2.3. How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us.

2.4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

1. OUR CONTRACT WITH YOU

3.1. How you place an order with us.

3.1.1. When contacting us you can ask us to provide you with a quotation for any of the goods and services we offer. You will need to provide us with:

a) An idea of your requirements e.g., they type of kitchen that you require, if you require any appliances.  When we use the term appliances, this also means sinks and taps. 

b) To provide us with this information, you will be requested to make an appointment in the showroom, to discuss requirements and look at samples to assist in making your choices.

c) You are also welcomed to visit our product website to obtain further information; https://www.schueller.de/en and our company website www.theventnorkitchencompany.co.uk to find out information about us.

(d) Any further information that we reasonably request from you, including specifications, plans and layouts; and

(e) access to the premises where you intend to install the goods, for us to take any measurements, carry out any surveys and otherwise provide the services. We can plan and quote, using customer or professional plans drawn up by tradespeople.  However, these plans will often be subject to our own survey before ordering any goods.  If you insist that this is not a requirement, then all goods and services will be ordered at your own risk.  Should there be any discrepancies with fitting, these will remain your responsibility.

3.1.2. Following receipt of your request for goods and services and all other necessary information from you, we will either:

(a) provide you with a quotation which will be valid for 30 days from the date of issue: or

(b) inform you that we cannot comply with your request. If we are unable to comply with your request, regarding your goods or services we will inform you of this at the earliest opportunity. This might, for example, be because goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the goods and/or services or because we are unable to meet a delivery deadline you have specified.

(c)  If goods have already been ordered and we are unable to source them.  You will receive a refund or be offered a replacement as near to your requirements as possible.

3.1.3. Once we have all of your requirements, you have agreed to the plans, via renders (images) that we have produced and sent to you via email, we will:

Produce a quotation to include everything agreed at this point these include:

• Furniture

• Appliances (including sinks and taps etc.)

• Worktops

 

1. FITTING

4.1. We offer a free service to arrange approved sub-contractors to fit your kitchen for you. You can be assured that they have the relevant qualifications as required and are insured to work in your property. This is beneficial for both parties as it means while they are not employed by us, I have control of who and when the project is completed by and the fitters know the product well. The customer can have the benefit of paying the tradesmen directly which in turn reduces the cost the client pays. The fitting is payable on completion directly to each tradesman as listed.

4.2. Any electrical, plumbing and gas work /alterations – on the quotation will be approximate and will depend on any extra work, above and beyond what is usually needed. 

1. QUOTATION

5.1 If you are happy with our quotation:

5.1.2 Under your consumer rights you have a 14-day cooling off period after signing the above.  Your order will not be processed until after the cooling off period.  Any changes that you wish to make MUST be done within this time. 

• However, if you wish, you may waiver the right of a cooling off period for immediate ordering.

• It is very important to note that once your order goes into production, you will NOT be able to cancel or amend it, as all furniture is made to order.

5.1.3 Making sure your measurements are accurate. If we are making goods and/or delivering services to measurements, plans, specifications, choices and/or details you have given us, you are responsible for ensuring that these are correct prior to your kitchen being ordered by us. 

5.1.4 Due to all furniture being made to order, no furniture items can be returned.  Please also be aware that in certain circumstances, all elements of such goods and/or services (including but not limited to sizes, weights, capacities, dimensions, and other measurements) will be subject to certain degrees of tolerance, whether measurements are given by you or taken by us.

5.1.5 Once your quotation is signed, you will pay any deposit that we require you to pay (as specified in our quotation) However, if during the 14-day cooling off period, you decide not to proceed your deposit will be refunded.  However, if you have been given a plan, an amount of £200 inclusive of VAT will be deducted from the deposit paid.

1. PLACING AN ORDER

6.1 How we will accept your order.

Our acceptance of your order will take place when we receive the deposit payments at which point, your quotation will become your customer order.  Clause 16.4.1 sets out the payment information.

6.1.1 To confirm to us that you wish to place an order you are required to visit us in person at our showroom: The Ventnor Kitchen Company, 30 High Street, Ventnor, PO381RZ

6.1.2 During this visit we will:

Go through the quotation in detail to ensure that it meets your exact requirements, this includes but not exclusive to:

• Kitchen range

• Heights & Depths of units

• Colour

• Handles

• Worktops

• Appliances

• Sinks & taps

6.1.3 The displays in our showrooms are for guidance only. Please refer to the plan/quotation for the exact specification of your kitchen.

1. OUR GOODS

7.1. Goods may vary from their pictures. The images of the goods on our website and in our brochures are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours or the printed images in our brochure accurately reflects the colour of the goods. Your goods may vary slightly from those images. This is the same for any rendered images that we send to you.

7.1.1. Packaging may vary. The packaging of the goods may vary from that shown in images on our website or in our brochures.

1. YOUR RIGHTS TO MAKE CHANGES

8.1 If you wish to make a change to the goods and/or services you have ordered please contact us BEFORE signing and agreeing to the contract. We will let you know if the change is possible.

8.1.2 If such change is possible, we will let you know about any changes to the price of the goods and/or services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

1. OUR RIGHTS TO MAKE CHANGES

9.1. Minor changes to the goods and/or services. We may change the goods and/or services:

9.1.1. to reflect changes in relevant laws and regulatory requirements; and

9.1.2. to implement minor technical adjustments and improvements. These changes will not affect your use of the goods and/or services.

9.2. More significant changes to the goods, services and/or these terms. In the event that we make more significant changes to these terms, the goods and/or services which detrimentally affect the contract between you and us, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any goods and/or services paid for but not received.

1. PROVIDING THE GOODS AND/OR SERVICES

10.1. When we will provide the goods and perform the services:

10.1.1. Our quotation will set out an estimated delivery date on which we will use reasonable endeavours to deliver the goods to you.

10.1.2. Our supplier will confirm your delivery date to us before your goods are due to be delivered and will deliver the goods to you directly on our behalf. Please note that our supplier will deliver the goods to your property only. It is your responsibility to provide a suitable and secure location which is sheltered from the elements (and access to the same) in which to store the goods until installation commences.

10.1.3. We are not responsible for delays outside our control. If our supply of the goods is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.

10.2. If you are not at home when the goods are delivered:

10.2.1 It is your responsibility to be at your property to take delivery of and sign for the goods. We insist that you inspect the goods upon delivery for any defects.  You have a maximum of 7 days to report any damages to us; this must be done via an email that includes photos of such damage.  Any items that have been installed or cut, will NOT be refunded. 

Please note that all furniture is checked by the supplier, for damage prior to, packaging up and delivery to you.

10.2.2 If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery and we will charge you for storage costs in respect of the goods and any further delivery costs.

10.3. If you do not re-arrange delivery:

10.3.1 If after a failed delivery to you, you do not re-arrange delivery, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and clause 14.2 will apply.

10.4. If you do not allow us access to provide services:

10.4.1 If you do not allow us access to your property to perform the services in accordance with clause 3.1.1(e) (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 14.2 will apply.

1. INSTALLATION

11.1 Where the Company has agreed to only supply (i.e. not install) the furniture and/or appliances, the Company guarantees that the quality of the furniture and/or appliances will be to a satisfactory standard. Any installation of the furniture 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 units supplied by the Company arising out of or associated with any such installation of the furniture and/or appliances by the Customer.

 

11.2 Where the customer has agreed to use our recommended fitter to install the furniture and/or appliances, the Company guarantees that the quality of the furniture and/or appliances will be to a satisfactory standard. Any installation of the furniture and/or appliances will be the responsibility of the customer, as the contract is directly with the trades people. The Company shall NOT accept responsibility for any damage or loss in respect of the units supplied by the Company, arising out of or associated with any such installation of the furniture and/or appliances by the recommended fitter.

 

11.3 Where the Company has agreed to only supply (i.e., not install) or the customer has agreed to use our recommended fitter to install the furniture and/or appliances, the Company guarantees that the quality of the furniture and/or appliances will be to a satisfactory standard.  However, ALL manufacturer’s instructions MUST BE ADHERED TO, otherwise this may impact on the validity of any available warranty

 

11.3.1 The company will not be held responsible for reordering, rectifying or arranging engineer visits for any item/s fitted where the manufacturer’s instructions HAVE NOT BEEN ADHERED TO.

 

11.4 Once full payment has been made the goods will be delivered to your property, based on the date stated within your signed contract.

11.4.1 It is your responsibility to either:

11.4.2 instruct us to engage our recommended contractor to attend your property and perform installation services; or

11.4.3 perform the installation services yourself; or

11.4.4 engage a third party to attend your property and perform installation services.

11.5 Where you perform the installation services yourself or engage a third party (other than our recommended contractor) to attend your property and perform installation services:

11.5.1 it is your responsibility to:

(a) ensure the third party you appoint is adequately skilled and qualified to perform the installation services; and

(b) consult a professional before working with electricity, gas or water.

11.5.2 the terms on which such installation services shall be provided shall be as agreed between you and such third party. For the avoidance of doubt:

(a) these terms shall not apply to the provision of any installation services.

(b) we shall not be a party to that contract between you and any third party for such installation services; and

(c) we are not in any way liable for the installation services they provide.

11.6. Regardless of who provides installation services in respect of the goods:

11.6.1 we cannot advise on any planning permission or building regulation issues; or

11.6.2 ensure the goods you have purchased from us are compatible with the electricity and water systems at your property as well as any other fittings you have procured from a third party.  However, we will endeavour to ensure that compatibility is appropriate prior to the commencement of works.

1. SPECIFIC EXCLUSIONS

1. The supply or installation of wall or floor coverings, etc.

2. Redecoration.

3. The cost of disposal of your old kitchen and/or site rubbish.

 

In good faith, The Ventnor Kitchen Company. may on occasions give names of other contractors to do work. However, The Ventnor Kitchen Company cannot be held responsible for works done by other contractors whether they be recommended or otherwise.

1. YOUR RIGHTS TO END THE CONTRACT

12.1. Your rights when you end the contract will depend on:

12.1.1. the type of goods you have bought.

12.1.2. whether there is anything wrong with the goods.

12.1.3. how we are performing our obligations under the contract; and

12.1.4. when you decide to end the contract.

12.2. If you are ending a contract for a reason set out at clauses 12.2.1 to 12.2.3 below, the contract will end immediately, and we will refund you in full for any products which have not been provided. The reasons are:

12.2.1. we have told you about an upcoming change to the goods (worktops, appliances, sinks or taps only) or these terms which you do not agree to (see clause 9).

12.2.2. we have told you about an error in the price or description of the goods (worktops, appliances, sinks or taps only) you have ordered, and you do not wish to proceed.

12.2.3. you have a legal right to end the contract because we are in breach of these terms.

12.3. In respect of bespoke, special order or made-to-measure goods, you may contact us to end your contract for the purchase of such goods at any time before we have ordered the goods, but in some circumstances, we may charge you for doing this, as described below. Of course, you always have rights where goods are faulty or mis-described in clause 12.

12.4. In respect of any standard/non-bespoke goods we provide to you, you have a legal right to change your mind and cancel your contract for the purchase of such goods for 14 days after the day you (or someone you nominate) receives the goods and receive a refund.

12.5. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you will remain liable for any costs incurred in ordering the kitchen furniture.

12.6. If you want to end a contract before we have ordered the goods where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and:

(a) where you cancel a contract before the order of any goods within a period of 14 days after the day on which you pay your deposit, we will refund you a pro rata proportion of the deposit in respect of such goods; However, if you have been given a plan, an amount of £200 inclusive of VAT will automatically be deducted from the deposit paid, as stated in clause 5.1.5

(b) where you cancel a contract for the delivery of bespoke, special order or made-to-measure goods that have been ordered you will not be entitled to any refund of your deposit, or any other sum paid in respect of such goods.

(c) where you cancel a contract AFTER ordering standard/non-bespoke goods, we will refund any sums paid by you for goods not YET provided, but we may deduct from that refund (or, if you have not made an advance payment, charge you) a cancellation fee of 40% of the price of such goods.

1. HOW TO END THE CONTRACT WITH US

13.1 Tell us you want to end the contract. To end the contract with us, please let us know:

13.1.1. by using the contact details in clause 2.2; or

13.2. Returning goods after ending the contract. If you end the contract for any reason after goods (appliances, sinks or taps only) have been dispatched to you or you have received them, you must return them to us in unbroken/undamaged packaging and fit for resale. You must allow us to collect the goods from you. Please contact us using the contact details in clause 2.2. If you are exercising your right to change your mind you must make the goods available for collection within 14 days of telling us you wish to end the contract (involving appliances, sinks or taps only).

13.3. When we will pay the costs of return/collection. We will pay the costs of return/collection:

13.3.1. if the goods are faulty or misdescribed; or

13.3.2. if you are ending the contract because we have told you of an upcoming change to the goods (involving appliances, sinks or taps only) or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so because of something we have done wrong.

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return/collection.

13.4. What we charge for collection. If you are responsible for the costs of return and we are collecting the goods from you, we will charge you the direct cost to us of collection.

13.5. How we will refund you:

Where you are entitled to a refund, we will refund you the price you paid for the goods (involving appliances, sinks or taps only).and services including delivery costs, by the method you used for payment. However, we may make deductions from the price if you are exercising your right to change your mind, as described below.

13.5.1. we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods (involving appliances, sinks or taps only) if this has been caused by:

(a) fair wear and tear; or

(b) your negligence or the negligence of a third party.

(c) your use, alteration or attempt to repair the goods other than in accordance with our recommendations or instructions.

(d) your use of the goods after you have notified us that they are defective.

(e) you handling them in a way which would not be permitted in a shop, including but not limited to:

(i) wilful damage and/or causing marks or blemishes to the goods.

(ii) trying to install the goods without the use of an appropriately skilled third party.

(iii) bending, cutting, or otherwise breaking up the goods.

(iv) not storing the goods in accordance with our or the manufacturer’s instructions.

(v) handling the goods in any other way which would not be permitted in a shop.

We will not provide you with a refund until we are able to inspect the goods (involving appliances, sinks or taps only).

13.5.2. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.

13.5.3. Where we have provided services, we may deduct from any refund an amount for the supply of the services for the period for which they were supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

13.6. When your refund will be made:

13.6.1 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, then your refund will be made within 14 days of your telling us you have changed your mind

1. OUR RIGHTS TO END THE CONTRACT

14.1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

14.1.1. you do not make any payment to us when it is due, and you still do not make payment within 14 days of us reminding you that payment is due.

14.1.2 If you fail to make payment, we will be unable to order your kitchen furniture, and this may result in a delay to your agreed time schedule.  This means that you will have to appreciate that we will only be able to schedule your works according to diary availability.

14.1.2. you do not, within a reasonable time of us asking for it, provide us with information and a payment that is necessary for us to provide the goods and/or perform the services, for example, ordering the kitchen furniture , the measurements of the property where the goods are to be installed and/or (where the goods are made-to-measure) the measurements you require for the goods.

14.2. You must compensate us if you breach these terms. If we end the contract in the situations set out in clause 14.1, we will not refund any money you have paid in advance for goods. SEE 10.3.1

14.3. We may withdraw any of the goods displayed in our store and/or on our website. We may write to you to let you know that we are going to stop providing any of the goods. We will let you know as soon as possible in advance of our stopping the supply of the goods and will refund any sums you have paid in advance for goods which will not be provided.

1. IF THERE IS A PROBLEM WITH THE GOODS

15.1. How to tell us about problems. If you have any questions or complaints about the goods, you MUST contact us using the contact details in clause 2.2.

15.2. Summary of your legal rights. We are under a legal duty to supply goods that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

In respect of goods, for example furniture, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.

b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.

c) Up to six years: if your goods do not last a reasonable length of time, you may be entitled to some money back.

If your product is services, for example design and consultancy services, the Consumer Rights Act 2015 says:

a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill or get some money back if we can’t fix it.

b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.

c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.

15.3. Manufacturer’s warranty/guarantee. Some of the goods we sell to you may also come with a manufacturer’s warranty/guarantee. We shall use reasonable endeavours to transfer to you the benefit of any warranty/guarantee given to us by the manufacturer of the goods.  It is your obligation to register your appliance to be provided with such warranty/guarantee.

1. PRICE AND PAYMENT

16.1. Where to find the price for the goods and services:

The price of the goods and services will be the price indicated on our quotation to you. We take all reasonable care to ensure that the price advised to you is correct. However please see clause 16.3 for what happens if we discover an error in the price of the goods and services you order.

16.2. We will pass on changes in the rate of VAT. The price of the goods and/or services will include VAT at the prevailing rate, subject always to any exemptions which you draw to our attention and which we (acting reasonably and in good faith) are satisfied apply to your purchase. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the goods and/or services in full before the change in the rate of VAT takes effect.

16.3. What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the goods and/or services we supply may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

16.4. When you must pay and how you must pay:

16.4.1 We accept payment via BACS. You must pay the price in accordance with payment terms specified in our quotation.

16.5. What to do if you think an invoice is wrong:

1. If you think an invoice is wrong, please contact us promptly to let us know.

1. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

17.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

17.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees or recommended contractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 15.2; and for defective products under the Consumer Protection Act 1987

17.3. When we are liable for damage to your property:

If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for:

17.3.1. the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services; or

17.3.2. any loss or damage to your property which is caused because of or in connection with a third-party providing installation services at your property.

17.4. We are not liable for business losses. We only supply our goods and services for domestic and private use. If you use the goods and/or services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

1. HOW WE MAY USE YOUR PERSONAL INFORMATION

18.1 How we may use your personal information:

18.1.1 We will only use your personal information at your discretion for social media purposes and will always follow the rules surrounding GDPR.

1. OTHER IMPORTANT TERMS

19.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights.

19.2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

19.3. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person/company shall have any rights to enforce any of its terms.

The Ventnor Kitchen Company Ltd. Are the only point of contact for our suppliers.  If you as the customer choose to attempt to contact our suppliers, your access to accurate and prompt customer service will be compromised and for this, we will not be held responsible.

19.4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

19.5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment at a later date.

19.6. Which laws apply to this contract and where you may bring legal proceedings:

These terms are governed by English law, and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the pr0ducts in either the Northern Irish or the English courts.

19.7. Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider. You can submit a complaint to The Furniture & Home Improvement Ombudsman via their website at http://www.furnitureombudsman.org.