Terms and Conditions

This page (together with the documents referred to on it) tells you the terms and conditions on which we, Unfitted Limited, supply any of the products (Products) listed on our website www.unfitted.co.uk (our site) to you. 

CUSTOMER TERMS AND CONDITIONS OF SALE

TRADING NAME:

All orders are placed with Unfitted which is a business name of Unfitted Limited, Registered in England No. 07499222. VAT registration No. GB 120 4114 82.  Registered Office: Hope House, High Street, Moreton-in-Marsh, GL56 0LH. These terms and conditions will apply to all sales of products made by Unfitted to our customers.

1. DEFINITIONS

In these terms, except where the context indicates otherwise, the following phrases will have the following meanings:

 Unfitted means Unfitted Ltd, registered address, Hope House, High Street, Moreton-in-Marsh, GL56 0LH.

 ‘Goods’ means the products which we are selling to you as set out in the Confirmation of Order.

 ‘Order’ means any document whether in hard copy or electronic form produced by us setting out the Goods we are to supply to you under these terms.

 ‘Unexpected Event’ shall have the meaning given to it in clause 10.

 ‘Working Day’ means any day except Saturdays, Sundays and bank and public holidays.

 ‘We’ and ‘Us’ and related expressions mean Unfitted as detailed above.

 ‘You’ and ‘Your’ and related expressions means the person to whom the order is addressed.

2.  BASIS OF CONTRACT

2.1 These terms, the order, are considered by us to set out the whole agreement between you and us for the sale of the Goods.  Please check that the details in the terms or on the order are complete and accurate before you commit yourself to the contract.  Please ensure you read and understand these terms before confirming the order, because you will be bound by the terms once a contract comes into existence between us, in accordance with clause 2.4.

Please ensure that you check all measurements before confirming the order, because you will be bound by the terms once a contract comes into existence between us, in accordance with clause 2.4.

2.2 If any terms are inconsistent with the terms of the Order, the Order shall prevail

2.3 The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.

2.4 These terms shall be binding upon you and us when we notify you with a written acceptance of an Order (whether in hard copy or electronic form), at which point a contract shall come into existence between us. These measurements shall be binding upon you and us when we notify you with a written acceptance of an Order (whether in hard copy or electronic form), at which point a contract shall come into existence between us.

2.5 We have the right to revise and amend these terms from time to time to reflect change in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory   requirements and changes in the capabilities of any systems operated by us.  You will be subject to the policies and terms in force at the time that a binding contract comes into existence in accordance with clause 2.4; unless any change to those policies or these terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).

2.6 To be eligible to purchase products you must be over 18 years of age; registered by providing your name, phone number, email address, payment details and other requested information including a valid UK delivery address; and possess a valid credit or debit card issued by a bank acceptable to us.

2.7 After a deposit has been received, the Order cannot be cancelled.

2.8 After a deposit has been received, the Order cannot be returned or payment refunded.

2.9 You are responsible for checking the Order. Whilst every care is taken regarding accuracy of the Order, including all measurements and dimensions, You will be responsible for checking the Order including all measurements and dimensions. Unfitted must be notified in writing within 5 working days of any error or omissions including all measurements and dimensions that appear on the Order. Unfitted will not be liable or responsible for any discrepancies that appear on the Order if not notified within 5 working days. Failure to notify Unfitted within 5 working days will result in additional charges if any changes are required by You.

2.10 Plans and elevations presented by Unfitted are created using standard design components and may differ in appearance from the finished kitchen. Elevations are intended to give an overall impression of the Goods ordered but do not form any part of the Order. Unfitted will not be bound by any representation, design or colours used in any plans or elevations presented to you.

3.  THE GOODS

3.1 We warrant that on delivery the goods shall:

3.1.1 Comply in all material respects with their description on the Order;

3.1.2 be of satisfactory quality;

3.1.3 be fit for purpose we say the Goods are fit for or for any reasonable purpose for which you use the Goods;

3.1.4 be free from any material defects in design, material or workmanship; and

3.1.5 Comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.

3.2 The warranties set out in this clause 3 are in addition to your legal rights in relation to Goods which are faulty or which do not otherwise confirm with these Terms.  Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

3.3 This warranty does not apply to any defect in the Goods arising from:

3.3.1 Fair wear and tear, wilful damage, accident or negligence by you or any third party;

3.3.2 Use of the Goods in a way that we do not recommend;

3.3.3 Your failure to follow instruction (including instructions about use, cleaning and servicing of the Goods) which we have provided to you; or

3.3.4 Any alteration or repair you carry out without prior written approval.

4. PRICE AND PAYMENT

4.1 The price of goods shall be the price in force at the time you confirm your order.  We reserve the right to update our price list from time to time without providing specific notice to you.

4.2 The price includes VAT (unless otherwise stated).  VAT will be charged at the rate applying at the time of delivery.

4.3 The price or goods excludes delivery (unless otherwise stated).  The cost of delivery shall be as specified in the order.

4.4 50% of the price is payable on our acceptance of your order.

4.5 Payment of all Goods must be made in advance of delivery. 

5. DELIVERY

5.1 Goods are made to order with delivery times dependent on order delivery address, size of order and workshop production capacity. Delivery time will generally be 12 weeks.

5.2 The Goods will be delivered to your delivery address specified on the Order.

5.3 Delivery of the order shall be complete when we deliver the Goods to you.

5.4 If we are not able to deliver the whole of the Order at one time for any reason including 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.

5.5 We will take reasonable steps to meet the delivery estimate set out on the Order (or as otherwise agreed between us in writing).  However, occasionally delivery may be affected by factors which we do not control and so cannot be guaranteed.  We will let you know if we become aware of an unexpected delay and will arrange a new delivery with you.  We shall have no liability for late delivery except where time has been made the essence of the contract and agreed by both parties in writing at time of ordering.

5.6 Please advise us if access to the delivery address is restricted.

5.7 We may decline to deliver the Goods if:

5.7.1 We believe that it would be unsafe, unlawful or unreasonably difficult to do so; or

5.7.2 The premises (or access to them) are unsuitable for the delivery vehicles we use.

5.8 If you fail to take delivery of the Order, then, except where this failure is caused by a failure by us to comply with these Terms:

5.8.1 We will store the Goods until delivery takes place and may charge you a reasonable sum to cover expenses; and

5.8.2 We shall have no liability for late delivery.

5.9 Once received, please check all goods within 5 working days.  We reserve the right to refuse claims for damaged or missing goods made after this time unless a longer period of time has been previously agreed in writing.

5.11 Delivery constitutes acceptance of the product.

6. INSTALLATION

6.1 We have free downloadable installation guides available from our website.  Installations should only be carried out once the relevant guide has been read and understood by the installer.

7. RISK AND TITLE

7.1 The Goods will be your responsibility from the time of delivery.

7.2 Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods, including delivery charges.

8. LIMITATIONS OF LIABILITY

8.1 Subject to clause 8.2, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.

8.2 Neither you nor we shall be responsible for losses that result from our own failure to comply with these Terms including, but not limited to, losses that fall into the following categories:

8.2.1 Loss of income or revenue;

8.2.2 Loss of business;

8.2.3 Loss of anticipated savings;

8.2.4 Loss of data; or

8.2.5 Any waste of time.

However this clause 8.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.

8.3 Neither of us will exclude or limit in any way our liability for:

8.3.1 Death or personal injury caused by our negligence; or

8.3.2 Fraud or fraudulent misrepresentation; or

8.3.3 Any breach of the obligations implied under section 12 of the Sale of Goods Act 1979; or

8.3.4 Losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or

8.3.5 Any other matter for which it would be illegal or unlawful for either you or us to exclude to attempt to exclude our liability.

9. WAIVER AND VARIATIONS

If we fail, at any time while these terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of the rights or remedies which we have under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations.  If we do waive a default by you, it will not mean that we will automatically waive any subsequent default by you.  No waiver or variation of these Terms shall be effective unless we expressly state that it is a waiver and we tell you so in writing.

10. UNEXPECTED EVENT

10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of the obligations we may have under these Terms that is caused by events over which we have no reasonable control (an ‘Unexpected  Event’).

10.2 An Unexpected Event includes Act of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, extreme weather conditions, lock-outs, transport delays, strikes, burglaries and other industrial disputes and difficulty in obtaining supplies.

10.3 The obligations we have under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period.  We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which the obligations we have under these Terms can be performed despite the Unexpected Event.

11. GENERAL

11.1 English Law is applicable to any contract made under these Terms.  The English and Welsh courts have non- exclusive jurisdiction.

11.2 If any of these Terms are unenforceable as drafted:

11.2.1 It will not affect the enforceability of any other of these Terms; and

11.2.2 If it would be enforceable if amended, it will be treated as so amended.

11.3 All notices sent by you to us must be sent to Unfitted Ltd at the registered offices above.  We may give notice to you at either the e-mail or postal address you provide to us in the Order.  Notice will be deemed received and properly served twenty four (24) hours after an e-mail is sent or two (2) Working Days after the date of posting of any letter.

11.4 Except as explicitly set out in these Terms, no contract will create any right enforceable by virtue of the Contracts (Right of Third Parties) Act 1999 by any person not a party to it.

12. USE OF OUR WEBSITE

12.1 We may change anything on our website at any time, at our discretion.

12.2 We have no responsibility for the content of any websites other than our own even if our site links to the other website.

12.3 We retain all rights to our website design and all images on it.  We have copyright and other rights to the design, appearance and content of it.  You may view and print the website only as a consumer or potential consumer from us.   You may not publish, reproduce, distribute or broadcast in any format any material found within this site.

12.4 We may restrict or suspend our website (typically for repairs, introduction of services or general maintenance) and where possible we will post warnings on the site first.  We will try to do this no more than is necessary, and keep the time of disruption minimal.

13. DATA PROTECTION

13.1 Unfitted is committed to protecting your privacy and fulfilling its obligations under UK Data Protection Laws.

13.2 Unfitted do not retain any credit card  or debit card details.