Terms and Conditions

1.      THESE TERMS:

1.1    These are the terms and conditions on which we supply products to you, whether these are goods or services.

1.2    Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products 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 or require any changes, please contact us to discuss.

2.      INFORMATION ABOUT US AND HOW TO CONTACT US

2.1    We are Exact Kitchens Limited, a company registered in England and Wales. Our company registration number is 04831987 and our registered office is at Unit 6 Barkham Grange, Barkham Street, Barkham, Wokingham, RG40 4PJ. Our registered VAT number is 120508362

2.2    You can contact us by telephoning our customer service team at 0118 9762564 or by writing to us at info@exactkitchens.com or Exact Kitchens, Unit 6 Barkham Grange, Barkham Street, Barkham, Wokingham RG40 4PJ

2.3    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 in your order.

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

3.      OUR CONTRACT WITH YOU

3.1    If you wish to purchase products from us, we will provide you with a written quotation. Any quotation provided by us is not a legally binding offer by us to supply products to you and we reserve the right to vary or withdraw any quotation at any time. Any quotation provided by us to you will expire after a period of 30 days.

3.2    If you are happy with our quotation, you must sign where indicated to confirm your acceptance of the pricing, products, services, delivery dates and any other information set out within the quotation, as well as these terms and conditions. By signing and returning a quotation to us, you are placing an order to purchase the products in accordance with these terms.

3.3    Our acceptance of your order will take place when we tell you that we are able to provide you with the product at which point a contract will come into existence between you and us. However, as explained during the order process, we may be required to carry out a technical report on your property or other agreed installation location to verify whether we are able to undertake the agreed works and/or installation at such premises. In these instances, our acceptance of your order is strictly subject to the technical report concluding that such works and/or installation are possible. In the event that the report concludes that the works and/or installation are not possible, we will inform you of this and the contract between us will be terminated and we will not charge you for the product.

3.4    If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.5    We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.6    Our leaflets, brochure and website are solely for promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.

3.7    If you need to add, qualify or vary our scope of works set out within a quotation, please discuss this directly with us. We will not agree to any such addition, qualification or variation until a price has been agreed and a director of Exact Kitchens has confirmed the agreement in writing. Please note that no person other than a director (including installers, fitters or any other person carrying out works at the agreed installation location) has authority to agree to vary a quote or additional works.

4.      OUR PRODUCTS

4.1    The images of the products in our leaflets and brochure and on our website 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 pictures in our leaflets and brochure accurately reflect the colour of the products. Your product may vary slightly from those images.

4.2    If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct.

5.      YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing for delivery 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.

6.      OUR RIGHTS TO MAKE CHANGES

6.1    We may change the product to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements. These changes will not affect your use of the product.

6.2    In addition, we may make more significant changes to the product or these terms, but if we do so we will notify you and you may then contact us to end the contract and receive a refund before the changes take effect. If you have paid a deposit in order to receive plans, designs and/or specifications which we have drawn up and provided to you (see clause 11.5), you will not receive the deposit back.

7.      PROVIDING THE PRODUCTS

7.1    The costs of delivery and installation will be as set out in our quotation.

7.2    Where your order is simply for the delivery and installation of a product, we will provide you with an installation date.

7.3    In some circumstances, we may be required to carry out initial preparation work at the agreed installation location, for example, minor building work, plumbing, electrics, plastering or flooring in readiness for installing the product. We will inform you in advance if preparation work is required. We will commence such works on the date agreed with you during the order process. We will also inform you of an estimated installation date of the product, but as the installation date is reliant on completion of the preparation works, this may vary, although we will make reasonable efforts to meet this.

7.4    We are not responsible for delays outside our control. If our delivery and installation of the products 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, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. If you have paid a deposit in order to receive plans, designs and/or specifications which we have drawn up and provided to you (see clause 11.5), you will not receive the deposit back.

7.5    If you have asked to collect the products from our premises, you can collect the products from us at a time to be agreed with us in advance during our working hours of 09.00 – 17.00 on weekdays and Saturdays.

7.6    If no one is available at the agreed installation location to take delivery of the products or facilitate installation by us, we will contact you informing you of how to re-arrange delivery.

7.7    If you do not collect the products from us as arranged or 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 or collection we may end the contract and clause 9.2 will apply.

7.8    If you have asked us to install the products for you and you do not allow us access to the agreed installation location as arranged (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 9.2 will apply.

7.9    The product will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.

7.10  You own the products once we have received payment in full for them. Until we have received full payment for all the products and services provided, the products remain ours.

7.11  We own all intellectual property rights (such as copyright and design rights) in any plans, designs, specifications and other materials we provide to you. These rights remain with us at all times and do not pass to you.

7.12  We may need certain information from you so that we can supply the products and install them for you. If so, this will have been stated in the description of the products on our website or otherwise notified to you during the order process. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (see clause 9.1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying or installing the products late or not supplying or installing any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.13  We may have to suspend the supply of a product to:

(a)     Deal with technical problems or make minor technical changes;

(b)     Update the product to reflect changes in relevant laws and regulatory requirements;

(c)     Make changes to the product as requested by you or notified by us to you (see clause 6).

7.14  We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 3 months you may contact us to end the contract. In such case we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

7.15  If you do not pay us for the products when you are supposed to (see clause 11) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. As well as suspending the products we can also charge you interest on your overdue payments (see clause 11.6). 

7.16  All current utility installations and building works at the agreed installation location are assumed to comply with current legislation and it is your responsibility to ensure that they are. If on commencement of works this is found not to be the case then we will be required to rectify such works at an additional cost. We will agree the cost of the additional rectification work before undertaking it.

7.17  It is your responsibility to:

(a)     ensure that we have adequate access to the installation location and that we are able to install the products and carry out any additional works safely;

(b)     inform us of all health and safety rules and regulations and any other reasonable security requirements that apply at the installation location;

(c)     ensure that the property at which the installation is to be carried out is not in multiple ownership or occupation and that you are the legal owner of the property;

(d)     clear all means of access to the installation location and to all areas where work is to be carried out and to remove all items of value from such areas or adjoining areas. If you are in any doubt, please speak to us and we will be pleased to assist;

(e)     obtain and maintain all necessary licences, permissions and consents which may be required before we commence any works; and

(f)     keep and maintain all our materials, equipment, documents and such other property at the installation location in safe custody at your own risk, and maintain such property in good condition until returned to us, and not dispose of or use such property other than in accordance with our instructions or authorisation.

7.18  All works shall be completed to a structural finish only and no decorating or preparation for decorating other than the wall finish specified in the quotation is included in the contract price.

7.19  If we have quoted for a skip or hippo bag as part of the services to be provided, this is required by us for the removal of rubbish. It is your responsibility to protect any driveway or grassed area where the skip or hippo bag might sit, unless we have previously agreed in writing to provide such protection. The skip or hippo bag is for the sole use by us as part of the works we are providing at your premises and you shall not use it for personal use. If a skip or hippo bag is not possible to use due to access restrictions, then a collection service will be used with your old kitchen or bathroom being stored on site until the completion of the works.

8.      YOUR RIGHTS TO END THE CONTRACT

8.1    You may contact us to end your contract for a product at any time before we have delivered it and you have paid for it, but in some circumstances we may charge you for doing this, as described below. Of course, you always have rights where a product is faulty or miss-described (see clause 10).

8.2    If you are ending the contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided or have not been provided properly and you may also be entitled to further compensation (although if you have paid a deposit in order to receive plans, designs and/or specifications which we have drawn up and provided to you (see clause 11.5), you will not receive the deposit back). The reasons are:

(a)     We have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);

(b)     We have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(c)     There is a risk that supply of the products may be significantly delayed because of events outside our control;

(d)     We have suspended supply of the product for technical reasons, or we notify you that we are going to suspend them for technical reasons, in each case for a period of more than 3 months; or

(e)     You have a legal right to end the contract because of something we have done wrong.

8.3  If you are not ending the contract for one of the reasons set out in clause 8.2, then the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.

8.4  If you end the contract after products have been dispatched to you and (because we cannot recall them) they are delivered to you but have not yet been installed, you must return them to us. If you are ending the contract for one of the reasons specified in clause 8.2 above, or because you are exercising your legal rights to end the contract because of something we have done wrong, then we will pay the costs of return. In all other circumstances you must pay the costs of return.

8.5  If you end the contract after we have commenced any initial preparation work at the agreed installation location, we will refund any sums paid by you for services not provided, but we may deduct from that refund reasonable compensation for the services which have been provided up to the date of cancellation, including the net costs we will incur as a result of your ending the contract.

8.6  Once the products have been installed, the contract has been completed and you will not have the right to end the contract. We cannot accept returns and will not provide refunds once the installation process has begun, even if only part of the products have been installed.

9.    OUR RIGHTS TO END THE CONTRACT

9.1  We may end the contract for a product at any time by writing to you if:

(a)   You do not make payments to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

(b)   You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or

(c)   You do not, within a reasonable time, allow us to deliver the products to you and install them or collect them from us.

9.2  If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products or services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract. For the avoidance of doubt, if you have paid a deposit in order to receive plans, designs and/or specifications which we have drawn up and provided to you (see clause 11.5), you will not receive the deposit back.

9.3  If we end the contract in the situations set out in clause 9.1 after we have commenced any initial preparation work at the agreed installation location, we will refund any sums paid by you for services not provided, but we may deduct from that refund reasonable compensation for the services which have been provided up to the date of cancellation, including the net costs we will incur as a result of your ending the contract.

9.4  We cannot accept returns and will not offer refunds in respect of any products once the installation process has begun, even if only part of the products have been installed.

10.    IF THERE IS A PROBLEM WITH THE PRODUCT

10.1  If you have any questions or complaints about the product, please contact us. You can telephone our consumer service team at 0118 9762564 or write to us at info@exactkitchens.com or Exact Kitchens, Unit 6 Barkham Grange, Barkham Street, Barkham, Wokingham RG40 4PJ

10.2  We are under a legal duty to supply products that are in conformity with the contract.

10.3  For detailed information on your key legal rights, please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. If you wish to exercise your legal rights to reject products you must allow us to collect them from you.

10.4  We, Exact Kitchens of Unit 6 Barkham Grange, Barkham Street, Barkham, Wokingham RG40 4PJ, offer the following guarantee which is in addition to your legal rights and does not affect them:

(a)     Where the installation of your products is shown to be defective by reason of faulty workmanship within a period of two years from installation (save for fair wear and tear), we shall rectify the defective installation free of charge, provided that:

(i)        You must notify us as soon as reasonably possible after becoming aware of such defects;

(ii)        You must give us reasonable opportunity to examine the products and their installation;

(iii)       You must have paid for the products and their installation in full;

(iv)       The products must have been properly and correctly used by you;

(v)        The products must not have been tampered with altered or dismantled in any way whatsoever.

(b)   We will not be obliged to rectify defective installation if:

(i)        You make any further use of the products after informing us that that it is faulty;

(ii)       The defect arises because you have failed to follow our oral or written instructions as to the installation, servicing, cleaning, use or maintenance of the products;

(iii)      The defect arises as a result of us following any drawing, design or specifications supplied by you;

(iv)      You alter or repair the products without our written consent;

(v)       The defect relates to any of your existing appliances or products which we have not provided under this contract (unless such appliance or product is still under a manufacturer’s guarantee or warranty; or

(vi)       The defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

10.5  Where the products we have supplied to you have not been manufactured by us, you may be entitled to a manufacturer’s guarantee on such products. Many of our manufacturers offer between two to fifteen year guarantees on products and labour may or may not be included, depending on the manufacturer. Please contact us to discuss any issues you are experiencing with the products so that we can explore whether you are entitled to make a claim against the manufacturer under a manufacturer’s guarantee.

11.    PRICE AND PAYMENT

11.1  The price of the product (which includes VAT) will be the price set out in your quotation. We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order. If we are required to carry out work beyond the scope set out within the order then we will charge for the additional work. Quotations are provided on the basis of supply and installation of the whole job quoted and no items or appliances can be excluded without effecting the price quoted and any discount we may have applied. We will agree additional costs with you before we commence such works.

11.2  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 product (including delivery and installation costs) in full before the change in the rate of VAT takes effect.

11.3  It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated, 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 terminate the contract, refund you any sums you have paid and require you to return the product at our expense.

11.4  We accept payment with Visa and Mastercard, or by bank transfer. You must make a payment for 90% of the total price of the products (including delivery and installation costs) before we dispatch them. The remaining 10% must be paid immediately on completion of installation.

11.5  In some circumstances, we incur significant time and costs drawing up plans, designs and/or specifications for you before you place an order with us. If you would like us to provide you with copies of such plans, designs and/or specifications, even if you do not end up placing an order with us, we will require you to pay us a deposit. The amount of the deposit will be notified to you at the time but is generally £1,000 or 25% of the price of the product to which the plans, designs and/or specifications relate, whichever is higher. The deposit is payment for the time and costs we incur drawing up such plans, designs and/or specifications and is non-refundable once you have received them.

11.6  If you do not make a payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis 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.

11.7  If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

12.    OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

12.1  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.

12.2  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, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products and services provided by us and for defective products under the Consumer Protection Act 1987.

12.3  If we are installing the products or providing other 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 the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services. 

12.4  Furthermore, we are not liable for any damage or loss caused by any works carried out under your instructions whereby such instructions are in conflict with our advice given to you.

12.5  We only supply the products for domestic and private use. If you use the products 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.

13.    HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information as set out in our privacy policy. You can find a copy of our privacy policy either attached to your quote, on our website, or a copy can be made available to you on request.

14.    OTHER IMPORTANT TERMS

14.1  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 under the contract.

14.2  You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

14.3  This contract is between you and us. No other person shall have any rights to enforce any of its terms.

14.4  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.

14.5  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.

14.6  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 products in either the Northern Irish or the English courts.

14.7  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, we would encourage you to enter into mediation with us, or to resolve your complaint through alternative dispute resolution so that both you and we can avoid the time, stress and costs of going to court.