Consumer Terms & Conditions
1.1 In these conditions:
"Conditions" means the standard terms and conditions of sale set out below, including any special terms and conditions agreed in writing by us;
"Consumer" means any natural person who is acting for purposes which are outside his trade, business or profession;
"Contract" means any contract for Goods made between you and the Company;
"Goods" means the goods or services which we shall supply in accordance with these Conditions;"we" means:
www.absolutekitchensolutions.co.uk is owned and operated by ENIGMA KITCHEN SOLUTIONS Ltd. Registered in England.
Registered Office 8a Victoria Road, Dartmouth, Devon, TQ6 9SB.
Registered Number 6929258.
Ivy Lane Business Centre, 8a Victoria Road, Dartmouth. TQ6 9GE.
and "us" and "our" shall be construed accordingly;
"you" means the customer seeking to purchase the Goods from us and "your" shall be construed accordingly;
1.2 The headings in these Conditions are for convenience only and shall not affect their interpretation.
1.3 References to any statute or statutory provision include a reference to that statutory provision as from time to time amended, extended or re-enacted.
1.4 The singular includes the plural and vice versa and any gender includes any other gender.
2. BASIS OF THE SALE
2.1 These Conditions and the terms of the Returns Policy shall apply to all Contracts between us for the sale of Goods.
2.2 All specifications, drawings and particulars of weights, dimensions and performance issued by us are approximate and for guidance purposes only and any reference to them are not intended to form the basis of any Contract. Full technical information should be sought from catalogues, websites and other material provided by the manufacturers of the goods supplied by ENIGMA KITCHEN SOLUTIONS Limited.
3. ORDERS AND SPECIFICATIONS
3.1 All quotations and estimates provided by us (whether written or oral) shall not be construed as an offer but shall be an invitation for you to make an offer to us to purchase the Goods. Accordingly, any order submitted by you will only be accepted once we have confirmed your order by e-mail. Receipt of our written consent will be deemed to be the point at which a contract is entered into and becomes binding.
3.2 You shall be responsible for ensuring the accuracy of any order, which you submit, and for providing us with all necessary information relating to the Goods within a sufficient time of placing your order to enable us to perform the Contract in accordance with these Conditions.
3.3 Any order made by you in respect of a quotation or estimate must state the following information:
3.3.1 the date;
3.3.2 the reference number (if any) of that quotation or estimate; or
3.3.3 the address for delivery and any applicable directions.
4.1 We aim to provide you with an accurate date on which the Goods will be ready for delivery. Where we become aware that the date for delivery may be delayed, we shall notify you as soon as possible and aim to provide you with a revised date. We will not be liable for any loss you incur, whether financial or otherwise, resulting directly or indirectly from our delay or failure to meet the date where the delay is caused by reasons outside of our control.
4.2 You shall be responsible for making all necessary arrangements to take delivery of the Goods except where alternative arrangements have been otherwise agreed.
4.3 Notwithstanding Condition 4.1, where agreed, we shall deliver the Goods to any address (in the United Kingdom, not including Northern Ireland, Isle of Man, Channel Islands, Scottish Islands) you may specify (subject to appropriate instructions or directions being given). We shall notify you at the time of confirming your order of any additional delivery charges or other expenses for which you will be liable.
4.4 If you fail to collect or take delivery of the Goods or fail to give us adequate delivery instructions at the time stated for delivery, then we reserve the right to store the Goods until actual delivery or collection and charge you for the reasonable costs (including insurance) of storage or subsequent delivery charges which we may incur.
4.5 In the event that two failed deliveries are incurred at no fault of ENIGMA KITCHEN SOLUTIONS Limited then we reserve the right to charge subsequent Home Deliveries at a rate of £35 per attempt.
4.6 Preferred delivery dates selected at the time of placing an order are subject to confirmation and scheduling by the ENIGMA KITCHEN SOLUTIONS Limited contact centre or nominated delivery organisation.
4.7 ENIGMA KITCHEN SOLUTIONS Limited will only deliver to the address specified at the time of the order. Where payment is made by Credit or Debit Card this will only be provided to the Cardholder Address of the payment card. Please be aware that this cannot be changed once the order has been placed.
4.8 All deliveries must be signed for at the address nominated in 4.7. This will not be varied under any circumstances. In the event that you are not available to accept a courier delivery it will be returned to a local depot for which you must make arrangements to either collect or reschedule. In the event that you are not available to accept a home delivery then you must contact ENIGMA KITCHEN SOLUTIONS Limited or their nominated delivery organisation to reschedule.
5. LOSS OR DAMAGE TO GOODS
5.1 We request that you examine the Goods on delivery as soon as reasonably possible to do so.
5.2 Where you wish to return Goods because they are damaged or defective, we request that you do so in accordance with our Returns Policy.
6.1 The price of the Goods shall be the price given at the date you place your order and as confirmed by us by email.
6.2 While we will try to ensure that all prices in our literature or on our website are accurate errors may occur or the price may change for reasons beyond our control. If we discover an error or need to increase the price of the Goods you have ordered, we will inform you as soon as possible and give you the option of either reconfirming your order at the correct price or canceling it.
6.3 If we are unable to contact you we will treat the order as cancelled or where you decide to cancel your order and have already paid for the Goods, we will give you a full refund.
6.4 The price of the Goods shall be inclusive of VAT and any additional costs in respect of carriage, insurance, and storage (less any discount we allow) shall be notified to you at the time we confirm the order.
7. DATE FOR PAYMENT
7.1 You shall pay for the Goods at the time you place the order or where you have an account with us, you may wish to purchase the Goods on your account and we shall raise an invoice for the Goods.
7.2 You shall pay any invoice raised, in full, within thirty days from the date of the invoice.
7.3 Where payment remains outstanding beyond this date, interest will be charged at a reasonable rate, accruing pro rata on a daily basis until payment is received in full.
7.4 Notwithstanding Condition 7.3, where you delay or default in making any payment to us, we shall reserve the right to enforce payment on all or any sums owing to us, on any account whatsoever, including the costs of recovery of such sums which are due and payable.
7.5 In the event of any dispute or claim arising in relation to the Goods, you shall follow the procedure in Condition 5 but remain liable to pay to us, in full, the price of any Goods actually delivered and not the subject of any claim or dispute.
8. RISK AND PROPERTY
8.1 Risk of damage to or loss of the Goods shall pass to you:
8.1.1 Where Goods are to be delivered to you, at the time we deliver them to your premises.
8.2 Notwithstanding delivery and the passing of responsibility for the Goods to you, the transfer of the ownership of the Goods shall not take place until we receive payment in full for all sums due and owing under the Contract on any account. Until such time that we are in receipt of all sums due and owing, we shall remain the owner of the Goods.
8.3 Until such time as the Goods are paid for in full, you shall be responsible for taking reasonable care of the Goods. Where possible, you are required to store the Goods separately from all other goods in your possession in such a way that the Goods can be readily identified as still being ours. Where you fail to pay for the Goods in accordance with these Conditions, we shall be entitled to seek a court order to enter upon your premises or any other third party premises where the Goods are stored for the purpose of repossessing the Goods.
9.1 The Contract or performance of all or any of the obligations under the Contract may be withheld, varied or suspended if any one (or more) of the following events occur:
9.1.1 where any sum remains unpaid or outstanding on any invoice or account after the due date for payment;
9.1.2 where the Goods are unable to be delivered or collected in accordance with the terms of the Contract;
9.1.3 either party makes any voluntary arrangement, becomes bankrupt, insolvent or commits any other act of bankruptcy;
9.1.4 either party commits any breach of the Contract and have failed to remedy such breach (where capable of remedy) within 30 days of being notified by the other party of the existence of the breach;
9.2 If we are unable to supply you with the Goods you have ordered for any reason (beyond our control) and it is necessary to make alternative arrangements or offer you a substitute product, we will notify you and you will have the option to either accept the replacement product or cancel your order and receive a full refund.
9.3 If you exceed the credit limit agreed between us from time to time on any account, we shall be entitled to require the payment of such proportion of the sum or sums outstanding on any account as we may stipulate, as a condition of resuming performance under the Contract or such further sums to bring you back within your agreed credit limit. Where such event occurs, any amount owing and outstanding shall be regarded as a debt of which we shall be an unsecured creditor.
10. WARRANTY AND LIABILITY
10.1 Save as provided elsewhere, our liability for death or personal injury caused by our negligence shall be unlimited and for all other loss or damage which you may suffer or incur in connection with the supply of Goods under this Contract, our liability shall be limited to that caused by a natural and reasonably foreseeable consequence for which we are at fault or negligent.
10.2 The provisions of this Condition 10 shall survive termination of the Contract and any exclusion from and limitations of liability shall be considered separately and individually from one another.
11. CANCELLATION RIGHTS
This Condition 11 does not affect your legal and statutory rights, and further advice can be obtained from the Citizens Advice Bureau.
11.1 You will be entitled to cancel the Contract with us in the following circumstances:
11.1.1 where you are unhappy with the Goods, for whatever reason, and notify us before the expiry of seven working days from the day after the day on which the Goods were received; or
11.1.2 where Goods supplied are faulty or not in accordance with the specifications of your order.
11.2 In all other circumstances, once the Goods have been received, you will not be able to cancel the Contract and will be liable to us for the price, unless otherwise determined in our absolute discretion.
11.3 Where you wish to cancel your order, we request that you return the Goods to us in accordance with our Returns policy.
11.4 Please note that this right of cancellation does not apply where Goods are specifically made to your specification or personalised at your request.
11.5 We warrant to you that the Goods will be of satisfactory quality and fit for their normally intended purpose. This warranty is given subject to the following conditions, and we shall be under no liability in respect of:
11.5.1 any defect arising from fair wear and tear, willful damage, negligence, abnormal working conditions, failure to follow our instructions (whether oral or in writing), misuse or alteration or repair of the Goods without our approval;
11.5.2 any attempt made by you or any third party to remedy a defect before the Goods in question have been returned to us for inspection (if so required).
12.1 Neither party shall be liable to the other or deemed to be in breach of Contract by reason of delay or failure to perform any of their obligations if the delay or failure to act is due to a cause beyond that party’s reasonable control.
12.2 In placing an order with us, you warrant that you are a resident of the United Kingdom and that you have the necessary permission and authority to enter into this Contract.
12.3 These Conditions do not purport to confer a benefit on any third party.
12.4 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other party and delivered to the address provided at the time the order is confirmed or any subsequent or alternative address which one party may notify to the other from time to time.
12.5 Where we do not take action against you for any breach of the Contract, we shall not be prevented from taking action against you in respect of that or any subsequent breach of the same or any other provision.
12.6 Where any competent authority deems any Condition to be invalid or unenforceable in whole or in part, then the offending part shall be removed and the validity of the remainder of the Condition shall not be affected.
12.7 The Contract and these Conditions shall be governed by the laws of England, and you agree to submit to the non-exclusive jurisdiction of the English courts.
12.8 We reserve the right to monitor and record telephone calls our staff receives and make in order to monitor staff performance and ensure the highest service possible to our customers.
ENIGMA KITCHEN SOLUTIONS Limited. 12/01/10.