Terms & Conditions This page (together with the documents referred to on it) provides you with the terms and conditions on which we supply any of the Products (Products) listed on our website www.thekitchenyard.com (our site) to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. 1. Information about us 1.1. We operate the website www.thekitchenyard.com. We are Kitchens Direct NI Limited, a company registered in Northern Ireland, Company Registration Number NI049615 and with our registered office at 26 Cherryburn Road, Templepatrick, County Antrim, BT39 0JD. Our VAT number is 811930060. 1.2. Our trading name is The Kitchens Yard. 1.3. We also operate a telephone help service to deal with enquiries and after sales issues for those customers who wish to purchase or have purchased Products as listed on our site. Our telephone number is 03300581900. Calls are charged at Local Rate. 2. Your status By placing an order through our site, you warrant that: 2.1. you are legally capable of entering into binding contracts; 2.2. you are at least 18 years old; and 2.3. you have read and understood the guidance on our site as to how orders should be made; and 2.4. you are resident in the United Kingdom or Ireland. 3. Samples, quotations & telephone assistance 3.1. We may, on our site or on request, provide door samples, descriptions and/or drawings of the Products or advertising catalogues or brochures, these are produced solely to provide you with an approximate idea of the Products they describe. They are not provided to give an indication of the quality, size, colour or description of the Products which are for sale on our site. 3.2. Samples are subject to a small charge which will be notified to you at the time of purchase. Such charge will be refunded when a full order is made using the code issued at the time of the purchase of the sample. 3.3. Any quotation given for the Products is given on the basis that a binding contract shall only come into existence in accordance with clause 4. A quotation shall be valid for a period of 30 calendar days from its date of issue unless we notify you in writing that we have withdrawn it during this period. 3.4. As set out in clause 1.3 above, we provide a telephone helpline. This helpline is there purely to answer enquiries and provide advice and assistance to you in relation to our Products. It does not create any further obligations to you from us contractual or otherwise, unless any such representations made are agreed with you in writing by a director or our company. Save in relation to fraud or fraudulent misrepresentation, we shall have no liability for any representations not agreed in writing, even if they prove untrue or misleading. 4. How the contract is formed between you & us 4.1. After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Product(s) subject to these terms and conditions. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that of confirmation which will include an order number, please quote this order number in all subsequent correspondence between us. The contract between us (Contract) will only be formed when we send you the Confirmation email. A subsequent email will be sent regarding despatch and delivery details. 4.2. The Contract will relate only to those Products included in the Confirmation email. 5. Our status 5.1. Please note that some of the Products belong to third party sellers. In some cases, we accept orders as agents on behalf of those third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of themselves. You should carefully review their terms and conditions applying to the transaction. 5.2. We shall not be liable for any losses that result from the failure of third party Products to perform or where such Products are defective. We will however, transfer to you such rights as we have against such third party sellers and, so far as we are able, without incurring any costs, we will assist you in rectifying the situation with the third party supplier. 5.3. We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that Products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your personal information related to that transaction to the third party seller for shipping purposes only. 6. Consumer rights 6.1. If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products unless the Products are made to your specification or have been clearly personalised (which shall be dealt with in accordance with clause 6.3). If the Products are not made to your specification or personalised, you will subject to the Products being returned unused, in their original packaging and in the condition they were delivered to you, receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below). 6.2. To cancel a Contract, you must inform us in writing. You must also return any samples and Products to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. 6.3. Where the Products have been made to your specification or clearly personalised you do not have the right to cancel the Contract unless the provisions of clause 10.2 apply. 6.4. Details of your legal rights, and an explanation of how to exercise them, are available from your local Citizens' Advice Bureau or trading standards office. This provision does not affect your other statutory rights as a consumer. 7. Availability & delivery 7.1. We will use all reasonable endeavours to fulfil your order between or on the delivery dates set out in the Dispatch email unless there are exceptional circumstances and the delivery is affected by factors beyond our control. 7.2. In certain circumstances were Products are provided by third party sellers they are responsible for delivery of those Products. We shall not be liable for any delay or failure of delivery in these circumstances and the provisions of clauses 5.1 and 5.2 apply. 7.3. Delivery dates are not guaranteed and we will let you know if we become aware of an unexpected delay and will arrange a new delivery date with you. 7.4. If you fail to take delivery of an order on the specified delivery date, or we cannot deliver due to your failure to provide relevant instructions, documents, licenses or authorisations then, except where this failure is caused by our failure to comply with these terms and conditions or by an event beyond your control: 7.4.1. we will store the Goods until delivery takes place and may charge you a reasonable sum currently £10 a day to cover expenses and insurance; 7.4.2. we shall have no liability to you for late delivery; and 7.4.3. where delivery has taken place as agreed but we were unable to leave the Products we will have the right to any additional delivery charges if you require a further delivery at a later date. 7.5. If you have not taken delivery of the Products within two weeks of our notifying you that they are ready, we may, after giving you reasonable prior notice in writing, resell or otherwise dispose of part or all of the Products and, after deducting reasonable storage and selling costs, or the price if they are bespoke Products and cannot be resold, pay you for any excess over the price of the Products or charge you for any shortfall below their original price. 7.6. If we are not able to deliver the whole of the order at one time due to operational reasons or shortage of stock, we will deliver the order in instalments. We will not charge you extra delivery costs for this. If you ask us to deliver the order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate Contract. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment. 7.7. Upon delivery of the Products you are responsible for inspecting the Products and reporting to us within 10 days of any alleged defect, fault or error before the Products are used or fitted. We shall have no liability for any claim in respect of an alleged defect, fault or error which would be apparent on inspection before use or fitting. 8. Risk & title 8.1. The Products will be your responsibility from the time of delivery. 8.2. Ownership of the Products will only pass to you when we receive full payment in cleared funds of all sums due in respect of the Products, including delivery charges. 9. Price & payment 9.1. The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error. 9.2. Product prices include VAT. 9.3. Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation email. 9.4. Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it. 9.5. If the pricing error is obvious and unmistakeable and could have been reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price. 9.6. Payment for all Products must be by paypal. 10. Our refunds policy 10.1. It is advisable when returning any item(s) to us you cover with the appropriate additional insurance to cover the total item(s) value. If this additional cover isn't applied to item(s) that are returned to us we cannot be held responsible for any damage that may occur in transit by the carrier. 10.2. If you return a Product to us because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 10 days of the day on which you returned the Products to us. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the Products to us. Products returned after the 10 day period will be subject to a restocking charge of up to 25%. 10.3. If you return the Products to us for any other reason for instance, because you consider that the Product is defective, or in circumstances where you notify us the Products are defective and we agree to collect them from you on a date agreed between us or we ask you to return the Products to us at our cost or we agree that you can provide suitable photographic evidence, we will examine the returned Product or evidence as appropriate and will notify you: 10.3.1. that we will provide you with a full or partial refund via e-mail within a reasonable period of time; or 10.3.2. replace the Products; or 10.3.3. repair the Products. 10.4. We will usually process any refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will, where we agree a refund, refund the price of a defective Product in full, any applicable delivery charges and if relevant, any reasonable costs you incur in returning the item to us. 10.5. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. 10.6. These terms and conditions will apply to any repaired or replacement Products we supply to you. 11. Warranty 11.1. We warrant to you that any Product purchased from us through our site will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which Products of that kind are commonly supplied. 11.2. This warranty does not apply to any defect in the Products arising from: 11.2.1. fair wear and tear; 11.2.2. wilful damage, accident or negligence by you or any third party; 11.2.3. if you use the Products in a way that we do not recommend; 11.2.4. your failure to follow our instructions; 11.2.5. any alteration or repair you carry out without our prior written approval; or 11.2.6. any incorrect instructions or plans submitted by you on our site to enable us to provide the Products. 11.3. Our site is provided on an "as is" basis and we make no representations or warranties of any kind in respect of our site, including, without limitation, any warranties relating to accuracy or completeness of our site or suitability of the information provided. 12. Our liability 12.1. Subject to clause 12.4, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products and, subject to clause 12.2, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure. 12.2. Subject to clause 12.4, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories even if such losses result from our deliberate breach: 12.2.1. loss of income or revenue; 12.2.2. loss of business; 12.2.3. loss of profits; 12.2.4. loss of anticipated savings; 12.2.5. loss of data; or 12.2.6. waste of management or office time. However, this clause 12.2 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories 12.2.1 to 12.2.6 inclusive of this clause 12.2. 12.3. 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 where Products are used other than for domestic and private use. 12.4. Nothing in this agreement excludes or limits our liability for: 12.4.1. death or personal injury caused by our negligence; 12.4.2. fraud or fraudulent misrepresentation; 12.4.3. any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; 12.4.4. defective Products under the Consumer Protection Act 1987; or 12.4.5. any other matter for which it would be illegal for us to exclude or attempt to exclude our liability. 12.5. Where you buy any Product from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions. 12.6. You are responsible for installing the Products in your property and we will not be responsible for any damage caused to the Products or your property arising during the course of installation. 12.7. Where kitchen unit carcasses are ordered by you and manufactured to your specific measurements we accept no liability where you have failed to allow adequate room for ventilation or ordered incorrect sizes. 13. Import duty 13.1. If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. 13.2. Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws. 14. Written communications Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights. 15. Bespoke, custom made kitchen units & bespoke painted kitchens 15.1. Our site allows you to provide your own specific measurements and specifications, it also provides you with the opportunity to send to us any special requirements or instructions you may have. Please ensure all of these are completed fully and accurately as we shall not be liable for any defects or incorrect Products delivered as a result of your failure to provide correct information to enable us to deliver the Products in accordance with the Contract. 15.2. Consumers cannot cancel, return or obtain refunds for items that are made to the customer's own specification or size (Unless manufactured incorrectly by The Kitchen Yard). It is essential that you are happy with your kitchen order prior to confirming/paying for the order online on our website. All the kitchen units we produce are made to order (not taken from existing stock) to the customer's own specification. 15.3. When placing an order for a painted kitchen please be aware of the following:- 15.3.1. Due to the bespoke nature of a painted product, it is not possible to cancel or return orders once they have entered the production stage or have been delivered. 15.3.2. Although we strive to maintain consistency, for a bespoke painted product there will be batch to batch variances and we cannot guarantee an exact colour match between orders. 15.3.3. We will hold the paint batch for your kitchen for 1 month from the kitchen going into production and we highly recommend you double check your order before completing to avoid any part orders or additional extras. After 1 month all batches of paint are disposed with, if you require us to order more for additional extras there will be a charge for this and again we cannot guarantee the batch variances. 15.3.4. Bespoke painted products are susceptible to cracking along joints. Touch-up paints are available to order. 15.3.5. The paint colours on our sample doors are indicative of the colours in our bespoke painted range but may not be exact due to batch variances mentioned above. 16. Cancellation by us 16.1. We reserve the right to cancel the Contract between us if: 16.1.1. we or our suppliers have insufficient stock to deliver the Products you have ordered or such Products have been discontinued; 16.1.2. we do not deliver to your area; or 16.1.3. one or more of the Products you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our supplier. 16.2. If we do cancel your Contract we will notify you by e-mail and will re-credit your paypal account by any sum deducted by us as soon as possible but in any event within 30 days of your order. We will not be liable to pay any additional compensation for disappointment suffered. 16.3. When we or our suppliers have insufficient stock to deliver the Products you have ordered or such Products have been discontinued we reserve the right to provide substitute Products to you of the equivalent quality and price at our discretion instead of exercising our right to cancel in condition 16.1 above. If you, as a consumer exercise your right to cancel as set out in condition 6 the cost of returning such substitute Products to us will be met by us. 17. Notices All notices given by you to us must be given to Kitchens Direct NI Limited at our registered address or by email to firstname.lastname@example.org. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee. 18. Transfer of rights & obligations 18.1. The contract between you and us is binding on you and us and on our respective successors and assignees. 18.2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. 18.3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. 19. Events outside our control 19.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). 19.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: 19.2.1. strikes, lock-outs or other industrial action; 19.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; 19.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; 19.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; 19.2.5. impossibility of the use of public or private telecommunications networks; 19.2.6. the acts, decrees, legislation, regulations or restrictions of any government; and 19.2.7. pandemic or epidemic. 19.3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event. 20. Waiver 20.1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. 20.2. A waiver by us of any default will not constitute a waiver of any subsequent default. 20.3. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above. 21. Severability If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract 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. 22. Entire agreement 22.1. These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract. 22.2. We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them. Any changes to the specification of the Products or variations to the contract or these terms and conditions that you agree with our authorised employees or agents will only be binding if recorded in writing and signed by a director of the company. 22.3. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. 22.4. Nothing in this clause limits or excludes any liability for fraud. 23. Our right to vary these terms & conditions 23.1. We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. 23.2. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Confirmation email (in which case we have the right to assume that you have accepted the change to the terms and conditions). 24. Law & jurisdiction Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Northern Ireland law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Northern Ireland. 25. Third party rights A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999. 26. Email & SMS Communications By providing your contact details to The Kitchen Yard, you will be indicating to us your consent for us to contact you by email and SMS to let you know about your order delivery or offers/promotions, which may be of interest to you, unless you indicate an objection to receiving such messages. You can also unsubscribe from marketing email communications from within our emails. 27. Time allowed to check your delivery We do wrap our units and accessories extremely well but should any of your order arrive damaged then we allow you the customer, 10 days in which to check your order for damages. Please ensure that you have checked your kitchen delivery within those first 10 days after delivery, as we are unable to replace damages after that point. You should print a copy of these terms and conditions for future reference.