Terms and conditions

Ashton Lewis Kitchens Limited, is a company registered in England and Wales under company number 09081313 and with its registered office at 4 Appledore Court, Hildenborough Crescent, Maidstone, Kent, England, ME16 0PA.

Our VAT number is 199063372.

General

These terms and conditions confirm the legal terms (Terms) on which we will sell the Product(s), Goods and/or Services.
These Terms apply to any contract between Parties (The Buyer and the Seller) for the sale of Products, Goods or Services (Contract). Please read them carefully and make sure that you understand them. You should also print a copy of these Terms for your future reference.

How the contract is formed

The Seller shall sell and the Buyer shall purchase the Goods/Services in accordance with any quotation, proposal or offer of the Seller which is accepted by the Buyer, or any order of the Buyer which is accepted by the Seller. Acceptance by the Buyer is required in writing and will be made via email confirmation and/or by signature on paper documentation. Scanned copies of signed documentation will also be accepted.

These Conditions shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer.
Our order process allows you to check and amend any errors before completing your order with us. Please take the time to read and check your order at each stage of the order process, including product names/codes/model numbers or similar which identify specific goods to the Buyer.

After you place an order (pay the deposit), we will send you a confirmation that we have received it. Once the deposit is paid this means that your order has been accepted. We reserve the right to reject any order for any reason. Changes to an order requested by the Buyer, after the point of placing the order will incur additional charges. These charges will be variable depending on the nature of the order revision.

All orders are subject to stock availability. If we are unable to supply any of the Products that you have ordered, we will inform you as soon as possible. Amendments to orders must be agreed in writing between the Seller and Buyer prior to the supply of Goods and Services. The Seller will not be held liable in any way by the Buyer or any third parties for costs associated with delays relating to supplying Products which are out-of-stock.

Price and payments

The price of the Goods and/or Services shall be the price listed in the quote/order confirmation given by the Seller either by email or written document current at the date of acceptance of the Buyer’s order. The price given in a quote/order confirmation will be agreed in writing before any transaction takes place. Once agreed we will then invoice 50% deposit to be paid on a proforma basis prior to works starting or materials being ordered or supplied and then incrementally as set out in the order confirmation throughout the supply and/or Service process.

Where the Seller has quoted a price for the Goods the price quoted shall be valid for 30 days only or such lesser time as the Seller may specify. Any extensions granted to this 30-day period are purely at the discretion of the Seller and must be agreed/offered in writing.

The Seller reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the Goods and/or Services to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer, or any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions. In the event the delivery of Services and/or Products by the Seller are delayed on site due to reasons outside of the Sellers control, the Seller reserves the right to charge labour at a day rate per worker and/or additional Product handling costs.

All payments shall be made to the Seller in Pounds Sterling at its office or via bank transfer as indicated on the form of acceptance or invoice issued by the Seller. Late payments may be subject to interest charge.

The buyer acknowledges that the seller and installers are separate legal entities. Installers in some instances may be sub-contracted by the Seller but are not directly employed by the Seller.

The price is subject to any applicable value added tax excise, sales or taxes or levies of a similar nature which are imposed or charged by any competent fiscal authority in respect of the Goods, Products and Services, which the Buyer shall be liable to pay to the Seller.

Pre-processing

The Seller will pre-process all kitchen cabinetry as required to fulfil the order specified from the original quote/order confirmation. No returns of pre-processed items will be accepted.

Changes and variations requested by the Buyer to an order may result in differences to the originally quoted price. This could include but is not limited to; cabinetry and component upgrades and additions, change of and/or additional appliances or additional re-design work. A cost to change/variation will then be calculated and applied to the final price.

How to pay

You can pay for our products and services by debit or credit card, or by Bacs Transfer. We will invoice for the deposit and then invoice for incremental stages as set out in order confirmation documentation or in writing. We accept the following cards: Visa and Mastercard credit cards. We do not accept American Express.

Basis of sale

The Seller’s employees or sub-contracted agents are not authorised to make any representations concerning the Goods or Services unless confirmed by a director of the Seller in writing. In entering into the Contract the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and the Seller (Director).
Sales literature, price lists and other documents issued by the Seller in relation to the Goods and Services are subject to alteration without notice and do not constitute offers to sell the Goods and Services which are capable of acceptance. An order placed by the Buyer may not be withdrawn, cancelled, or altered once accepted by the Seller without the express agreement of the Seller.

No contract for the sale of the Goods and/or Services shall be binding on the Seller unless the Seller has issued a quotation which is expressed to be an offer to sell the goods or has accepted an order placed by the Buyer by whichever is the earlier of:-

• the Seller’s written acceptance;
• delivery of the Goods and/or Services; or
• the Seller’s invoice

Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.

Orders and specifications

No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in writing by the Seller’s authorised representative.
The specification for the Goods and/or services shall be those set out in the Seller’s quote/order confirmation documentation unless varied expressly in the Buyer’s order (if accepted by the Seller). Illustrations, design images and drawings, photographs or descriptions in design proposals, catalogues, brochures, price lists or other documents issued by the Seller are intended as a guide only and shall not be binding on the Seller.

Where the Seller is providing ‘supply only’ of Goods and/or Products, it is the sole responsibility of the Buyer to check and ensure that their confirmed order is compatible with the environment in which it will be installed. No liability will be accepted by the Seller for issues relating to installation. Such as, but not limited to; room preparation and condition, service location (such as gas, water and waste), pipework and finished room dimensions.

The Seller reserves the right to make any changes in the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements or, where the Goods are to be supplied to the Seller’s specification, which do not materially affect their quality or performance.

No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing of the Seller on the terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour, design fees and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.

Any requested changes to the order by the Buyer must be made in writing to the Seller. Items ordered or processed at time of such changes will be subject to additional charges payable by the Buyer.

Delivery

All scheduled delivery dates and times are estimates and although we will try our best to meet them we will not be held liable if we are unable to do so. We will let you know if we cannot deliver your Products by the specified date/time as soon as possible to make alternative arrangements. The Goods may be delivered by the Seller in advance of the delivery date upon giving reasonable notice to the Buyer.

Delivery of the Goods shall be made and/or arranged by the Seller delivering the Goods to the place in the United Kingdom specified in the Buyer’s order confirmation and/or the Seller’s acceptance as the location to which the Goods are to be delivered by the Seller.

Where the Goods and/or Services are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.

If the Buyer fails to take delivery of the Goods or any part of them on the delivery date and/or fails to provide any instructions, documents, licences, consents or authorisations required to enable the Goods to be delivered on that date, the Seller shall be entitled upon given written notice to the Buyer to store or arrange for the storage of the Goods and then notwithstanding the provision of these Conditions the risk in the Goods shall pass to the Buyer, delivery shall be deemed to have taken place and the Buyer shall pay to the Seller all costs and expenses including storage and insurance charges arising from such failure.

The Seller will not pay damages where delays are caused due to issues of damaged items, missing items, manufacturing delays, manufacturing defects, issues of transportation or any other known cause of delay. The Seller will rectify any such issues within a reasonable time-frame. We cannot be held liable for any third-party costs or charges which the Buyer might incur due to non-delivery of an order, or orders that have not been checked on delivery.

All deliveries must be received by a person over the age of 18 and who is authorised to sign for delivery. Two people are required at site to handle and take delivery of cabinetry and/or appliances. If no-one is available to take the delivery, we will leave details at the address to rearrange delivery. There would likely be an additional handling charge for redelivery. This charge would not exceed £175 for a full kitchen delivery.

Safety is paramount, and drivers will first do a safety check on arrival to ensure there are no issues with the ground, overhead cables and public access before commencing delivery. Unfortunately, if there are any safety or access issues meaning they will not be able to complete the delivery, the driver’s decision is final.

Risk of loss and damage in the Products will pass to you on the date when the Products are delivered or on the date on which we make our first attempt to deliver them to you.

Quality of goods supplied and workmanship

The buyer agrees to notify the seller of any issues in relation to product quality within a reasonable time period. For Contracts which are for ‘Supply Only’ of Products, the reasonable time period is set at 5 days from date of delivery. Claims for damaged goods may not be accepted after this period.

The Seller takes no responsibility for any damage or defects that may occur as a result of unsuitable environmental conditions where Products delivered to the Buyer are stored or fitted, such as, but not limited to, extreme temperature variations and/or higher than normal levels of moisture. The Seller takes no responsibility for any damage or defects that may occur as a result of negligence or misuse by the Buyer or third parties contracted or employed by the Buyer.

The Buyer agrees and acknowledges that it is their responsibility to check that all items are free from damage at time of delivery. Any such damage deemed to have occurred after such time shall only be repaired or replaced at the discretion of the Seller when reported within the reasonable time scales set out above.

Damages caused from installation by fitters should be noted, the Buyer should contact the Seller immediately to report these issues supported with photos.

Granite / Quartz Material

The buyer acknowledges that Granite and Quartz are natural materials and variance in colour can occur. The appearance of colour changes when being viewed under artificial lighting or natural daylight and the buyer accepts this. The Buyer accepts the Seller cannot guarantee an exact colour match along the length of any given worktop nor can the seller guarantee the quantity of quartz contained within the material used will be exactly equal to that of the sample shown to the Buyer. However, any sample material supplied by the seller shall be a fair representation of the product purchased. Granite is a natural material and patterning, veining and colouring varies between and within each slab and is part of its natural characteristics and charm and the Buyer accepts this.
All stone worktops will be matched for colour as closely as is possible to samples shown to the Buyer, but the Buyers acknowledges and accepts that variations may occur in any naturally occurring materials used and between batches manufactured.

The Buyer accepts that worktops thicknesses and joint widths may vary but these will fall within acceptable tolerances as deemed to be acceptable by the Seller. The Seller will request the installation team to minimise any such occurrence.

Any naturally occurring defect within a product shall be deemed to be “natural” and therefore not as a result of a defect in process of manufacture. The Seller reserves the right to repair or replace any such product as it sees appropriate at its discretion using whatsoever materials artificial or natural.

Risk and retention of title

Risk of damage to or loss of the Goods shall pass to the Buyer:

  • in the case of Goods to be delivered at the Seller’s premises, the time when the Seller notifies the Buyer that the Goods are available for collection; or
  • in the case of Goods to be delivered otherwise than at the Seller’s premises, the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.

Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, legal and beneficial title of the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods.

Until payment has been made to the Seller in accordance with these Conditions and title in the Goods has passed to the Buyer, the Buyer shall be in possession of the Goods as bailee for the Seller and the Buyer shall store the Goods separately and in an appropriate environment, shall ensure that they are identifiable as being supplied by the Seller and shall insure the Goods against all reasonable risks.

The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of the Seller, but if the Buyer does so all money owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.

The Seller reserves the right to repossess any Goods in which the Seller retains title without notice. In the event of repossession, the Buyer shall deliver up to the Seller all Goods in which title has not passed, the cost of which shall be born by the Buyer.

The Buyer’s right to possession of the Goods in which the Seller maintains legal and beneficial title shall terminate if;

  • The Buyer commits or permits any material breach of his obligations under these Conditions;
  • The Buyer is or becomes the subject of a bankruptcy order or takes advantage of any other statutory provision for the relief of insolvent debtors.

Assignment

The Seller may assign the Contract or any part of it to any person, firm or company.
The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Seller.

Right to return the goods and to receive a refund

If the Buyer is not satisfied with Goods purchased from the Seller as a result of a clear deviation from details and/or specifications set out in quotation/order confirmation documentation and manufactures product descriptions and guidelines, the Buyer may return the respective Goods to the Seller and may obtain a partial refund of the price of the returned Goods after restocking, handling and administration charge deductions, provided:

  • The Buyer informs the Seller of the decision to return the Goods within 5 Calendar Days of delivery of the Goods; and
  • The Goods are returned in their original condition and in original packaging; and
  • The goods have not been unwrapped and/or started to be fitted.

While the Goods remain in the Seller’s possession the Seller is under a duty to ensure that the Goods are kept safe and secure.

Where the Goods are custom/bespoke made to the order of the Buyer, the Buyer shall not be entitled to return Goods and receive a refund. If Goods are agreed to be faulty by the Seller, the Seller shall provide Goods to replace faulty. The statutory rights of the Buyer are unaffected.

The Buyer acknowledges and agrees that where the Seller has carried out pre-processing work upon receipt of an order confirmation and the buyer cancels the order the Buyer agrees to reasonably compensate the Seller for the time spent and materials used equal to the cost of design work, labour and materials processed.

Warrantee and guarantee

The following products carry the following guarantee period for manufacturing defects in materials only from date of final invoice.

  • All MDF/MFC based cabinetry products carry a 2 year guarantee.
  • All Solid Timber products carry a 2 year guarantee.
  • All handles carry a 2 year guarantee.
  • Other components (runners, hinges etc) have a lifetime guarantee.

All timber products should only be cleaned with a damp cloth applying a minimum amount of moisture or alternative approved cleaning product. Do not use any cleaning products containing solvents.

High Gloss Items – after removing the protective film the finish has a 7 day curing process the surface should only be polished with VuPlex Polish or similar using a micro anti-scratch polishing cloth.

Products situated below a sink, or covering a dishwasher/washing machine are not covered, unless the damage is anything other than excessive steam or water contact.

Products placed near heat sources such as ovens, radiators, grills, boiling kettles, toasters etc are not covered by the guarantee unless protected by suitable heat strips and a suitable gap left for heat to escape.

Doors conform to FIRA standard of 1mm bow over a 600mm length if measured when the doors are acclimatised for a period of 96 hours to a temperature of 18-25 degrees Centigrade.

In the unlikely event that the original colour has been discontinued, the nearest possible alternative will be offered. Any damage reported to us will be dealt with efficiently and swiftly, any replacement will be at our discretion.
Appliance warrantees are provided directly by the relevant manufacturer. The Buyer is responsible for registering their appliances with the relevant appliance manufacturer. We can signpost to the relevant customer service departments and provide contact details. Any issues arising with appliances warrantees are expressly between the Buyer and the appliance manufacturer.

We accept no liability for any consequential loss, costs or re-fitting charges.

Confidentiality, publications and endorsements

The Buyer undertakes to the Seller that:

  • the Buyer will regard as confidential the contract and all information obtained by the Buyer relating to the business and/or products of the Seller and will not use or disclose to any third party such information without the Seller’s prior written consent provided that this undertaking shall not apply to information which is in the public domain other than by reason of the Buyer’s default;
  • the Buyer will not use or authorise or permit any other person to use any name, trademark, house mark, emblem or symbol which the Seller is licensed to use or which is owned by the Seller upon any premises note paper visiting cards advertisement or other printed matter or in any other manner whatsoever unless such use shall have been previously authorised in writing by the Seller and (where appropriate) its Licensor;
  • the Buyer will use all reasonable endeavours to ensure compliance with this Condition by its employees, servants and agents.
  • This Condition shall survive the termination of the Contract.

Communications

All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post or sent by electronic mail:

  • (in case of communications to the Seller) to its registered office or such changed address as shall be notified to the Buyer by the Seller; or
  • (in the case of the communications to the Buyer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Buyer set out in any document which forms part of the Contract or such other address as shall be notified to the Seller by the Buyer.

Communications shall be deemed to have been received:

  • if sent by pre-paid first class post, two Business Days after posting (exclusive of the day of posting); or
  • if delivered by hand, on the day of delivery; or
  • if sent by electronic mail on a Business Day prior to 4.00 pm, at the time of transmission and otherwise on the next Business Day, unless a undeliverable response can be evidenced as being received by the sender.

Communications addressed to the Seller shall be marked for the attention of the Director of Ashton Lewis Kitchens.

Liabilities

Where we are unable to perform our obligations under the Contract due to matters outside of our control or if we supply a Product that is damaged or defective we will not in any circumstances accept liability for any claim to recover loss of profits or any special or indirect loss, damage or expense. Nothing in these conditions excludes or limits in any way our liability for:

  • death or personal injury caused by our negligence;
  • fraud or fraudulent misrepresentation;
  • or any matter for which it would be illegal for us to exclude or attempt to exclude our liability;

As a consumer customer you may have additional legal rights in relation to Products that are faulty or not as described and nothing in these Terms affects these rights. Further 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.

Children

As a responsible retailer, we are aware that minors can incorrectly use some Products. We do not knowingly sell to children and orders may only be placed by persons aged 18 or over.

Other important terms

We reserve the rights to make changes to these Terms. Any changes will take effect immediately. You should therefore read the Terms each time you place an order with us.

Our Contract is formed as a result of purchase and shall be governed by and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English courts.