Kitchens dela Lumina, Terms and Conditions
In these conditions ‘Company’ means Kitchens dela Lumina. The ‘Website’ is the Kitchens dela Lumina Website at www.kitchens-dela-lumina.com. By accessing, browsing, using or registering with the Website, you confirm that you have read, understood and agree to these Terms and Conditions in their entirety. If you do not agree to these Terms and Conditions you must not use this Website. ‘Customer’ means the individual, firm, company or other party with whom the Company contracts. ‘Goods’ means the goods, articles and materials, which are to be supplied by the Company pursuant to the contract. ‘Order’ means a purchase order in respect of the goods issued by the Customer to the Company.
Unless otherwise provided in the contract, the price of the goods is inclusive of Value Added Tax which will be charged at the applicable rate at the appropriate tax point. Where the price has been quoted by the Company for specific order quantities and specific delivery times, the Company reserves the right to vary the price for the Goods should the Customer require different quantities from those stated or require different delivery times. If the Customer does not agree to pay the revised charges then the contract can be cancelled within 7 days (excluding Special Orders – see paragraph below).
- SPECIAL ORDERS
Goods ordered from the Company which are not sold on the Company website and have been specially sourced for the Customer. Goods which may be sold on the Company website but which have been specially sourced for the Customer with a variation such as a special finish or bespoke design. Goods which are in the Clearance area of the Company website and are ‘sold as described’ for a one-off discounted price. Special Orders can not be cancelled once placed and can not be returned for a refund or exchange unless they have been received damaged or faulty and reported to the Company within 7 days of receipt.
- TELEPHONE ORDERS
Telephone orders for Website products will be accepted during normal office hours – these orders will be categorised as 'online' orders.
The sales operative will repeat the product descriptions back to the Customer and will ask the Customer to confirm that these are correct. The Customer will receive an order confirmation by email which should be checked on receipt. The responsibility lies with the Customer to inform the Company of any errors or amendments necessary before the goods are packed for delivery. The Company will not accept any responsibility for errors or omissions after the order has been placed. If the customer does not have an email address to receive the order confirmation for checking, then the responsibility lies solely with the Customer to check that the goods ordered are correct during the telephone conversation.
- DELIVERY AND RISK
Delivery of the goods shall be made to the Customer at the place specified in the contract, or as subsequently agreed between the parties. All large deliveries will require a signature and can not be left outside the property at the delivery address. Delivery times are clearly displayed on the website on each individual product page. These delivery times are approximate only and should not be taken as guaranteed. ALL DELIVERY TIMES ARE ESTIMATIONS ONLY AND SHOULD NOT BE RELIED UPON AS 100% ACCURATE. WE STRONGLY RECOMMEND THAT TRADESMEN ARE NOT BOOKED UNTIL THE GOODS ARE RECEIVED AT THE DELIVERY ADDRESS AND THOROUGHLY CHECKED FOR ACCURACY.
The Customer should check the goods delivered for accuracy as soon as possible. Shortages and damages should be reported to the Company within 7 days or within a reasonable time.
All risk relating to the goods you have ordered will pass to you when they have been delivered to the delivery address as specified by you on your order. No liability is accepted for any unforeseen delays subsequently arising or for any consequential loss or damage caused to the Customer or third parties if the delay or failure is wholly or partly caused by circumstances beyond our control. No liability will be accepted for goods delayed due to being out of stock at our suppliers. The Company will make every effort to inform the Customer of any delays.
- INTERNATIONAL DELIVERY
For Customers outside UK Mainland there may be customs charges, import duty or other entry fee payable before the Customer can receive the goods. The liability for these charges lies with the Customer. The Company will not be liable for any import delays beyond our control.
- RETENTION OF TITLE
The goods sold under these Terms and Conditions shall remain the absolute property of the Company and legal title in the goods shall remain vested in the company until payment in full of all amounts invoiced or due to the Company in respect of goods has been received.
- PRODUCT DESCRIPTIONS
The Company has taken reasonable care to accurately and fairly describe goods on the Website. Dimensions, capacities, weights etc of goods are described as accurately as possible, but are approximate only and may vary. Colours and finishes of our goods are photographed as clearly as possible, but the colour quality seen by the Customer will depend upon the monitor being used and, for this reason, the colour or finish on delivery may be variable. The Company will not be responsible for genuine errors in the website content and will not be liable for any delays/additional costs to the Customer.
Photographs of products on the Website are a representation only of the product and may not be the same style, finish or size etc of the product selected by the Customer in the drop down selection boxes. Where several different variations are available, the photograph of the product may not change to reflect the variation selected by the customer in the drop down selection boxes.
Goods on the Website are all subject to availability and Customers will be informed within a reasonable time-scale if the product is not available. An alternative product may be offered which is of equal or higher value than the original product ordered by the Customer. No liability will be accepted for delays/additional costs to the Customer caused by goods being out of stock.
- PAYMENT PROCEDURE
We will authorise the payment for the goods the Customer has ordered when the goods are despatched to the delivery address on the order. There are sometimes exceptions to this rule. If an order is processed offline then the payment will be processed immediately. If the payment does not pass all of our bank’s fraud rules, for example, if only some of the address matches the card billing address, then this payment will be processed immediately.
If the original card payment is declined then any subsequent payment for the same order will be processed immediately. Any payments not received before the goods are despatched and received by the Customer will be requested from the Customer. Payment must be received by the Company or the goods must be returned to us in accordance with a reasonable returns procedure at the Customer’s expense and in good condition. The Customer must carry out this procedure within 30 days of the date on which the order is cancelled or we may arrange for collection of the goods at the Customer’s expense.
- RIGHT OF CANCELLATION
Under the Consumer Protection (Distance Selling) Regulations 2000, the Customer has the right to cancel the contract with the Company at any time up to the end of 7 working days after the Customer receives the goods. To exercise your right of cancellation you must give written notice to the Company by email, fax or letter giving details of your order reference and the reason for your cancellation. Notification by phone is not sufficient.
If you exercise your right of cancellation after the goods have been despatched to you, or delivered to you, then you will be responsible for returning the goods to the Company at your own cost. If delivery of the goods to the specified delivery address is refused and the goods are returned back to us by our carrier, then the cost of this return will be deducted from any refund due.
- RETURNING GOODS
We hope you are happy with the products you receive from us, but, if for any reason, you wish to return them, please follow these instructions:
Unsuitable or unwanted goods will be accepted for return within a period of 30 days from receipt of your order (excluding Special Orders - see paragraph 3 Special Orders).
Goods should be returned using a safe and tracked method of transit. We will not be responsible for returns which are lost or damaged in transit. The cost of the return is the responsibility of the Customer.
Goods must be returned in their original packaging with all parts, fixings, fitting instructions included. Please do not write on or tape over original bags or boxes-these should be packed into an outer box or appropriate padded envelope to ensure they are not damaged in transit.
Goods should be carefully and securely packed in the correct size packaging with individual products in protective material to avoid movement during transit which could damage products made from glass, metal or procelain etc. Please do not package individual parts together which may cause friction and damage during transit.
We reserve the right to charge a restocking fee should goods be returned in a condition that either renders them unsellable or marked. You will be sent a damages report should this be the case detailing this information.
Please include a copy of your original order or put a note in the package with your order reference for us to identify your order easily and avoid any unnecessary delays. If you wish, please give us a reason for your return as this will provide us with valuable feedback for improving our products in the future.
Refunds will be processed within 30 days of receipt of returned goods. We reserve the right to charge a re-stocking fee at a minimum rate of £5.00 or up to 30% of the price of the product returned
- COMPLAINTS PROCEDURE
If you wish to make a complaint regarding any aspect of our service, please contact us in writing stating the details of your complaint and this will be investigated by the Company. Full details of the complaint will be recorded in the Company Complaint Log and a response will be made to the Customer within 5 working days. Where the complaint is of a more complex nature and a response will not be possible within 5 working days, the Customer will be contacted within 5 working days and be advised of this. The Customer will be given an indication of how soon a full response will be made.
Where it is not possible for a complaint to be resolved, the Customer will be given a clear explanation in writing.
- STATUTORY RIGHTS
Nothing in these Terms and Conditions will reduce your statutory rights relating to faulty or mis-described goods. For further information about your statutory rights, contact your local authority Trading Standards Department, Consumer Direct or your local Citizens Advice Bureau.
- APPLICABLE LAW
The Company only accepts orders and sells its goods subject to these Terms and Conditions which are governed by English Law. The parties acknowledge and accept the non-exclusive jurisdiction of the English Courts.