AND TERMS AND CONDITIONS
Terms and Conditions
Standard Terms and Conditions of Sale on the page below are used by most companies.
They apply to you as a consumer.
If you have chosen installation services from us please refer to our installation terms.
To help in keeping things simple, we ask that you pay particular attention to these points as they are most relevant to the process of ordering bespoke and made-to-measure furniture:
- We take great care that any diagrams or technical drawings we produce should be as accurate as possible, however any such visuals and renders are intended as aids and should not be relied upon as exact representations.
- Although we will try our best to meet our agreed timeframes, we are unable to take responsibility or offer discounts for any late deliveries to us by our suppliers or third party companies e.g board manufacturers, hardware companies, edging suppliers, vinyl wrapped or sliding door suppliers.
- We are not responsible for the installation of any goods ordered unless otherwise stated in your quotation from us. Where we do agree installation, the installation terms can be found here:
- As our Products are made to your requirements, you will not be able to cancel your Order after the period set out in clause 11.1.1 (as we will have started the manufacture of the Products) but this will not affect your legal rights as a consumer in relation to made-to-measure Products that are faulty or not as described.
Terms and Conditions of sale
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
Event Outside Our Control: is defined in clause 10.2;
Order: your order for the Products;
Products: the products we are selling to you as set out in the Order;
Terms: the terms and conditions set out in this document; and
we/our/us: Makeover kitchens
1.2 When we use the words “writing” or “written” in these Terms, this will include e-mail unless we say otherwise.
2. Our contract with you
2.1 These are the terms and conditions on which we supply Products to you.
2.2 Please ensure that you read these Terms carefully and check that the details of the Order and in these Terms are complete and accurate, before you submit the Order. If you think that there is a mistake or require any changes, please contact us to discuss.
2.3 When you submit the Order to us, this does not mean we have accepted your order for Products. Our acceptance of the Order will take place as described in clause 2.4. If we are unable to supply you with the Products, we will inform you of this and we will not process the Order.
2.4 These Terms will become binding on you and us when we issue you with a written acceptance of the Order (such as our invoice) or, if earlier, when we begin making the Products in your Order, at which point a contract will come into existence between you and us.
2.5 If any of these Terms conflict with any term of the Order, these Terms will take priority. These Terms may only be varied in writing by one of our directors.
2.6 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you purchase Products and you agree to be bound by our trade terms
3. Change of Order or Terms
3.1 We may revise these Terms from time to time in the following circumstances:
3.1.1 changes in how we accept payment from you
3.1.2 changes in relevant laws and regulatory requirements
3.2 You may make changes to the Order for Products within two calendar days of placing that Order by contacting us if we have not yet started manufacturing of the Products. Where this means a change in the total price of the Products, we will notify you of the amended price in writing. You can choose to cancel the Order in accordance with clause 12.1 in these circumstances.
3.3 Once your design has been agreed, no changes can be made. B8 Kitchens and Bedrooms Ltd takes no responsibility for incorrect details about the design communicated between spouses/partners or incorrect measurements supplied to us by you or your chosen business partner (e.g. your installer or builder).
3.4 If you require changes to your Products during build or post delivery, these changes will be charged in full as a separate build and new contract.
4. Made-to-measure Products
4.1 The images of the Products on our website or any of our literature are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that they accurately reflect the colour of the Products. Your Products may vary slightly from those images.
4.2 Any diagrams or technical drawings we produce are meant as a visual aid only, they are not exact representations and as such the finished Products may differ slightly.
4.3 Although we have made every effort to be as accurate as possible, because our Products are handmade all dimensions and measurements indicated on our website have a 100mm tolerance.
4.4 We make the Products according to the measurements you provide to us or taken by us at the survey. If you would like tips on how to measure correctly please contact us.
4.5 Quotations for worktops will remain as an estimate until a template by the appropriate contractor has been carried out. Should these items incur any extra cost, we are unable to process the order until payment has been made in full.
4.6 Granite, quartz and timber are natural products. We cannot be held responsible for natural variations in colour or pattern of any of our products. In each case the best available match will be supplied with orders.
4.7 Please make sure your measurements are correct and accurate. Unfortunately, we cannot accept the return of made-to-measure Products if the reason for the return is because you provided us with incorrect measurements. However, this will not affect your legal rights as a consumer in relation to made-to-measure Products that are faulty or not as described.
4.8 We are supplying you with goods on a supply-only basis unless you have requested us to quote for installation services which are agreed and quoted separately.
4.8.1 If You Have Not Chosen Our Installation Service: You must ensure that your chosen fitter/installer checks that the measurements, the planned layout, quantities and specification of the products are correct before your order is finalised. We cannot accept responsibility for any damage or any failure to comply with relevant gas, water or electricity regulations, caused by installation errors.
5. Delivery of goods
5.1 Please note that timescales for delivery and delivery charges will vary depending on the location of the delivery address. Please allow extra time for deliveries to Devon and Cornwall, the Scottish Highlands and Islands, or to addresses outside the UK. Our delivery charges can be provided on request and will be included in any quotations.
5.2 Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 11 for our responsibilities when this happens.
5.3 If you have asked to collect the Products from our premises, you can collect the Products from us at any time during our working hours of 9.00am – 5.00pm on the weekdays only.
5.4 Delivery of an Order shall be completed when we deliver the Products to the address you gave us or you collect them from us.
5.5 If no one is available at your address to take delivery of the Products on the agreed delivery date, we will inform you that the Products have been returned to our premises, in which case, please contact us to rearrange delivery. We are entitled to charge you for re-delivery when we cannot deliver on the agreed delivery date.
5.6 If you amend your agreed delivery date within 7 days of the agreed delivery date, we are entitled to charge you a fee for storage of the goods. This is normally £100 per week, but may vary depending on the size of the Product. We will inform you of any variations to the storage charge in writing.
5.7 If we are not able to deliver the whole 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. However, if you ask us to deliver the Order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract governed by these Terms. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
5.8 The Products will be your responsibility from the completion of delivery.
5.9 You own the Products on the later of the date we receive payment in full, or the date of delivery of the Products, until full payment is received all goods remain the property of Makeover kitchens.
6. If the Products are faulty
6.1 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
7. Our guarantee of Products
We guarantee that on delivery and for a specified period after delivery, the Products shall be free from material defects. The guarantee period depends on the Products concerned (manufacturer); please contact us for further details. This guarantee does not apply in the circumstances described in clause 7a.
- This guarantee does not apply to any defect in the Products arising from:
- fair wear and tear
- faulty installation of the Products by you or a third party
- wilful damage, abnormal storage or working conditions, accident, or negligence by you or a third party;
- if you fail to use the Products in accordance with the user instructions; and
- any alteration of repair by your or by a third party
- If you make a claim under this guarantee, you may need to purchase a replacement Product while the Product in question is returned to us for examination. If it is found that the returned Product is faulty, you will be refunded the cost of the replacement Product.
- This guarantee is in addition to your legal rights in relation to the Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
- Any alteration or modification to our product, will void any warranty on the product.
- We will repair or replace faulty products, to the value no greater than the original cost, provided they are reported to us within 48 hours of receiving your order.
- Our Warranty is held by the original purchaser and is not transferable.
8. Price and payment
8.1 The price of the Products will be set out in our price list in force at the time the contract between us comes into force under clause 2.4. Our prices may change at any time, but price changes will not affect a contract that has already come into force.
8.2 Any quotes for made-to-measure Products are valid only for a) the timeframe listed in the quotation or b) 30 calendar days from the date they were first given by us to you, either written or verbally. Whichever comes first.
8.3 The prices for the Products include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, we will adjust the rate of VAT that you pay, unless you have already paid for the Products in full before the change in the VAT rate takes effect.
8.4 The prices for the Products exclude delivery costs, which will be added to the total amount due and reflected in the quotation.
8.5 You must make payment for Products as stated in the quotation. We accept payment by bank transfer with no fees. We can also accept payment via Credit/Debit card and cheque although a small handling fee (max 3%) will be added to the total cost.
8.6 If you do not make any payment to us by the due date for payment listed in the quotation, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of National Westminster Bank plc from time to time. This interest shall accrue daily from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
8.7 However, if you dispute an invoice in good faith and contact us promptly after you have received an invoice to let us know that you dispute it, clause 8.5 will not apply for the period of the dispute.
8.8 Payment of your deposit or part/full payment of any quoted amount, written or verbal confirmation of your order counts as acceptance of our Terms and Conditions as set out in this document.
9. Our liability to you
9.1 This clause 9 only applies if you are a consumer.
9.2 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this contract.
9.3 If we are installing the Products in your property (you have chosen our installation service), we will make good any damage to your property caused by us during installation or performance. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover during installation and/or performance by us.
9.4 We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.5 We do not exclude or limit in any way our liability for:
9.5.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
9.5.2 fraud or fraudulent misrepresentation;
9.5.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
9.5.4 breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (sale by description, satisfactory quality, fitness for purpose and samples); and
9.5.5 defective products under the Consumer Protection Act 1987.
9.5.6 We shall not be held responsible or liable for any costs incurred for replacing any products we have supplied. This includes any equipment needed in the process to replace the product.
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 an Event Outside Our Control.
10.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat of preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunication networks, or delay caused by our suppliers or third party companies howsoever caused.
10.3 If an Event Outside Our Control takes place that effects the performance of our obligations under these Terms:
10.3.1 we will contact you as soon as reasonably possible to notify you; and
10.3.2 our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
10.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the Products. Please see your cancellation rights under clause 12. We may cancel the contract if the Event Outside Our Control continues for longer than 2 weeks in accordance with our cancellation rights in clause 13.
11. Your rights to cancel and applicable refund
11.1 You have the following rights to cancel an Order for Products, including where you choose to cancel because we are affected by an Event Outside Our Control:
11.1.1 You may cancel any Order for Products within two working days of placing an Order by contacting us. We will confirm your cancellation in writing to you. For the purposes of this clause, a working day is a weekday which is not a public holiday in England.
11.1.2 If you cancel an Order under clause 11.1.1 and you have made any payment in advance for Products that have not been delivered to you, we will refund these amounts to you.
11.2 As the Products are made to your requirements, you will not be able to cancel your Order after the period set out in clause 11.1.1 (as we will have begun manufacture of the Products) but this will not affect your legal rights as a consumer in relation to made-to-measure Products that are faulty or not as described.
11.3 In this instance, if the Products are part ready, we may charge you a cancellation fee dependent on the stage of your Order. This is at the discretion of the management.
12. Our rights to cancel and applicable refund
12.1 We may have to cancel an Order before the Products are delivered, due to an Event Outside Our Control or the unavailability of materials. We will contact you promptly if this happens.
12.2 If we have to cancel an Order under clause 13.1 and you have made any payment in advance for Products that have not been delivered to you, we will refund these amounts to you.
13. Information about us and how to contact us
13.1 We are a company registered in England and Wales. Our company registration number .
13.2 If you have any questions or if you have any complaints, please contact us. You can contact us by telephoning our customer service team at 0800 037 0967 or by emailing us at email@example.com If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail, by hand, or by pre-paid post to our registered office. If we have to contact you or give you notice in writing, we will do so by e-mail, by hand, or by pre-paid post to the address you provide to us in the Order.
14. How we may use your personal information
14.1 We will use the personal information you provide to us to:
14.1.1 provide the Products;
14.1.2 process your payment for such Products; and
14.1.3 inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
14.2 We will not give your personal data to any third party.
Please take a look at the legislation in the U.K.
Terms and Conditions – Installation Services
- One of our subcontractors (the Fitter) will be provided with the plan and may contact you within 48 hours of your Order to confirm any pre-install questions in good time. A pre-fit survey may then be organised.
- Any supplementary work which the Fitter or your chosen subcontractor agrees to carry out is outside of these Terms and shall be subject to a separate agreement for services between you and the Fitter or your chosen subcontractor. As such we accept no liability in respect of any damage arising as a result of any supplementary works carried out either by the Fitter or your chosen subcontractor.
- If you have opted for our fitting services, this will be included in your quote along with works we have agreed to complete.
- Unless otherwise agreed in writing the price shall be due and payable in accordance with the applicable B8 Kitchens and Bedrooms Terms & Conditions of Sale at the same time as the Products.
- If the Fitter has agreed to carry out any supplementary works independently of our quote, the price for the supplementary works shall be as set out in written quote supplied by the Fitter and shall be payable in accordance with the Fitter’s own payment terms.
3 Your responsibilities
- In respect of installation you are responsible for:
- ensuring that all measurements taken by you are correct and accurate;
- obtaining all planning permission and building regulations consents;
- ensuring that the Fitter has clear, safe and uninterrupted access to the delivery address and the area where the installation services are to be carried out;
- ensuring that all services which may affect or be affected by installation of the Products are disconnected;
- ensuring that the area where the installation services are to be carried out is clean, level and clear of debris;
- providing adequate power, lighting, heating and other necessary facilities for the Fitter to be able to carry out the installation services;
- to notify us of any changes to the condition of your property at the time agreed for the provision of the installation services; and
- disposing of all packaging materials and old kitchen units unless otherwise agreed.
- If you appoint your own sub-contractor, rather than the Fitter, to carry out any supplementary works, you must ensure that the supplementary works are carried out with reasonable skill and care.
- If you fail to comply with your obligation under condition 3.2 and as a result the Fitter is unable to proceed with the installation services the Fitter will, at its option either:
- complete/rectify the defective supplementary works at your cost; or
- arrange a date in the future to carry out the installation services to allow you the time to rectify the defective supplementary works, if the latter option is selected, it is your responsibility to ensure that the Products are stored in a suitable environment until such time as the Fitter is able to install the Products. You will be responsible for the costs, loss and/or damage caused due to the Fitter being unable to carry out the installation services on the original date
- If the option at condition 3.3.2 is selected, you must rearrange an installation date to occur within 3 months of the original installation date otherwise we will assume that you no longer require the Fitter to carry out the installation services.
- Delivery of the Products and installation of the Products must take place at the same location, unless we otherwise agree this with you.
- You must inform us of any structural defects or anomalies at the location where the installation services are to be carried out which may affect the installation services.
- If during the installation services, you agree with the Fitter to deviate from the plan, then this is your responsibility and we shall not be liable for any costs, damage or loss arising from this.
- If at anytime, throughout the installation, you have any concerns about the Fitter or the quality of work, you must contact us immediately, do not wait until the installation is complete.
- On completion of the installation services, you will be asked to sign a certificate of completion and allow us to take photographs of the completed works. If you are not happy in any way with the installation services which have been carried out and you do not note this on the certificate of completion then we will accept no liability if, in the future, you make a claim to us for damage or loss occurred during or as a result of the installation services.
- If you raise a claim or issue in respect of the installation services, you will allow us access to review the installation services/Products and to take photographs of the Products and any alleged damage or poor quality of work.
4 Installation services
- We will endeavour to complete the installation services as soon as possible but time for completion is not of the essence of this Contract and we will not be liable for any reasonable delays.
- Our install appliance charge applies only to appliances purchased from Makeover Kitchens, in the event a customer would like their existing appliances or new ones not purchased from us, this is a supplementary cost and not warranted by us.
- Provided that you comply with your obligations at clause 2.3 we will ensure that our Fitter completes the installation as follows:
- assembles, fits and installs the kitchen cabinet Products (including interiors, doors, drawers, handles, kickboards, cover panels, cornices and décor trim)
- completes basic appliance installation excluding all connections.
- fits the worktop (including cut-out and fitting for cooker tops, sinks, taps);
- fits the sink and taps;
- seals all joins and cut-outs. Unless specifically stated in your Order, the sealant colour shall be selected on the basis of what we deem most suitable.
- If during the installation services, it appears that the walls are incapable of holding the Products or the utility connections are unsafe, faulty, flawed or of poor quality, we reserve the right to suspend the installation service until the necessary remedial works have been completed. This does not affect our right to take the full payment for the Products and installation services in line with our terms & conditions.
- We shall not be responsible for or liable for any damage, loss or expense caused due the poor quality of or fault with any of the walls or utility connections.
- Whilst we will try to ensure our Fitter(s) keeps dust and disruption to a minimum during the provision of the installation services, you should take all reasonable and necessary steps to minimise the impact of the installation services, for example by moving breakables/delicate items and covering areas likely to be affected with dust sheets. Whilst the Fitters will endeavour to clean up after themselves, you should expect some dust to result from the installation services and you agree that we will not be liable for any cleaning expenses resulting from such dust.
- Minor damage may occur to decor, plaster and tiling during the installation services but you agree that we will not be responsible for redecorating or making good any damage unless it is as a result of our negligence rather than an unavoidable consequence of having the Products fitted.
- In addition to dry fit installation services provided by our Fitter, we may also have agreed other install services with you in the quote such as electrical work. Where such installation services have been agreed, we will at our discretion subcontract this work to other competent professionals.
- We warrant that on installation and for a period of 5 years thereafter (subject to the other provisions of the Terms) the installation services shall be performed with reasonable skill and care.
- We shall not be liable for any breach of the warranty set out at clause 5.1 if:
- you have failed to comply with clause 3.1;
- the installation services were provided in accordance with the specifications or instructions provided by you;
- you have failed to comply with clause 3.6;
- you have failed to inform or notify us in writing that the installation services have not been carried out to an appropriate standard and we have not been given a reasonable opportunity to re-perform the installation services;
- the walls to which the Products are to be attached or the utility connections are poor quality, flawed, faulty or unsafe.
- Subject to clause 5.2, if the installation services do not conform with the warranty at clause 5.1, we shall elect to either re-perform the installation services to comply with clause 5.1 or refund the price of the installation service.
- If we comply with clause 5.3 we shall have no further liability for a breach of the warranty at clause 5.1 in respect of the installation services.
- These terms apply to any re-performance of the installation services under this clause 5.
- We shall not be responsible for losses or damage that result from the disconnection of any white goods, including but not limited to washing machines, dishwashers, fridges, freezers and/or radiators.
- Our liability shall be limited in accordance with the applicable Terms & Conditions of Sale.
- 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.