Terms of Sale
Definitions
In these terms, except where the context indicates otherwise, the following words or phrases will have the following meanings:
“Buyer” refers to the customer / purchaser of the Goods offered by the Seller
“Seller” or “Company” refers to ‘Handmade Shaker Kitchens Limited’ trading as ‘Olive & Barr’ Limited (Company Number 11376894, VAT Number 296677826, with Registered Address: Cambridge House, 4 College Court, Regent Circus, Swindon SN1 1PJ
“Items” / “Goods” refers any manufactured furniture, cabinets, appliances or accessories offered for sale by the Seller.
Basis of Sale
1.1 All Goods relating to the sale will be stated clearly on the invoice.
1.2 The invoice will act as the official contract of sale and only the Items described and included on it will be provided by the Seller, for the price which will also be stated.
1.3 Any amendments or additions to the order must be updated on the invoice, which should then be sent to the Buyer for confirmation in writing.
1.4 Payment of Deposit will be considered as acceptance from the Buyer that the Items, description and price on the invoice are correct and will initiate the contract of sale.
1.5 In the case that drawings are provided by the Seller, these will also act as official descriptions of the sale Items on condition that the Buyer has confirmed them in writing. All drawings should correspond to the Items as described on the invoice. In the case of discrepancy between drawn Items and that which is described on the invoice, then the invoice description is considered to have precedence over the drawing and will be considered as the official contract of sale.
1.6 It is the responsibility of the Buyer to check the dimensions on the drawings for every item and to confirm agreement in writing, which includes overall dimensions (height, width and depth) and recess spaces for sinks and appliances where necessary.
1.7a. In the case that the Buyer purchases or provides any electrical appliances, sinks or internal mechanisms themselves, then the Seller does not accept liability if any of the above do not fit the cabinets, provided the cabinets have been made to the specifications as described on the drawings which have been signed off and confirmed by the Buyer.
1.7.b. In the case that the Buyer provides any electrical appliances, sinks or internal mechanisms, then it is the Buyer’s responsibility to ensure that the above fit the cabinets correctly.
1.8 Any changes or modifications to drawings must be updated clearly on the invoice and confirmed by the Buyer in writing.
1.9 In the case that the Buyer requests to modify the style, size or any other aspect of a cabinet after placing the order, this can be done within 10 days of receipt of deposit (subject to a design fee if applicable) or 7 days after a survey carried out by the Seller. After this time a modification will only be made at the discretion of the Seller and will be subject to a fee of a minimum of but not limited to 25% of the value of the cabinet and may also affect the original lead time stated on the invoice.
1.10 By making a purchase from the Seller, the Buyer agrees that all products ordered are for their own personal use and not for resale under any circumstances unless otherwise agreed.
1.11 In the case that the Seller is contracted to make the installation then the painting cost is included in the installation fee and final top coat painting will be done after installation is completed. In the case that the Seller is not contracted to do the installation, then the cabinets will be supplied as undercoated with a primer only and the Seller is not obliged to paint the cabinets unless otherwise agreed in writing.
Product Description
2.1 We warrant that on delivery the Goods shall:
(a) Comply in all material respects with their description on the order;
(b) be of satisfactory quality;
(c) be useable and fit for purpose
(d) be free from any material defects in design, material or workmanship;
(e) Comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.
2.2 The Seller guarantees that all cabinetry and furniture provided will be made using professional standard joinery techniques and will be solid, durable and fit for purpose.
2.3. The Seller uses a hard-wearing water based acrylic paint which is sprayed or hand-painted on the cabinets. The paint finish can be wiped down and is stain resistant to a variable degree. The Seller will not accept liability for any scratches, dents or chips occurring from every day use. In these instances, touch-up paint can be provided by the Seller on request. It is at the Seller’s discretion whether a charge is made for this or not.
2.4. The cabinets will be provided with an undercoat at the time of delivery as close as possible to the chosen finished colour unless otherwise agreed.
2.5. The Seller will always try to ensure that descriptions, images and prices on their website and in their literature are accurate. Any errors or omissions should be reported to the Seller, so they can be rectified.
Price
3.1 The price on the quote and invoice will clearly show VAT as a separate amount (unless otherwise stated). VAT will be charged at the standard UK rate applying at the time of order.
3.2 The price of Goods excludes delivery (unless otherwise stated). The cost of delivery shall be as specified in the quote and invoice.
3.3 The Seller reserves the right to update their standard prices without providing notice.
3.4 The price of Goods, as stated in the quote and invoice will be valid for the period as specified and cannot be changed.
Payment Terms
4.1 A deposit of 50% is required on order. The balance payment will be required approximately 14 days prior to the agreed delivery and installation date.
4.2 Delivery will not be made by the Seller unless full payment has been received from the Buyer.
Lead Time
5.1 Lead times quoted by the Seller at time of order are for guidance only and are dependent on production capacity at that specific time.
5.2 For multiple Items and / or whole kitchen orders, the lead time will be approximately 12 weeks unless otherwise agreed and stated on invoice.
5.3. The specified lead time shall only begin once Deposit payment has been received in full AND the drawings and plans provided have been confirmed by the Buyer in writing (referred as ‘Sign Off’).
Cancellation
6.1 In the event of cancellation of the order by the Buyer within 7 days of the first deposit payment, the Seller will refund the amount of Deposit paid less an administration fee of £250 + VAT.
6.2 For cancellations notified after 7 days from receipt of Deposit payment, the Seller will have the right to withhold up to 25% of the Deposit amount.
6.3 For cancellations notified after 14 days from receipt of Deposit payment, the Seller will have the right to withhold up to 50% of the Deposit amount.
6.4 For cancellations notified after 21 days from receipt of Deposit payment, the Seller will have the right to withhold up to 100% of the Deposit amount.
Delivery, Acceptance, Damages
7.1 In the case that the Seller is contracted to make the installation of the cabinets, they will provide a 2 person delivery service and carry all items into the Buyer’s property.
7.2 The items will only be taken into the first room of the Buyer’s property unless otherwise agreed.
7.3 The Seller will only deliver the items into Ground Floor rooms unless otherwise agreed.
7.4 In the case that the Seller is not contracted to make the installation (cabinet supply only), then kerbside only delivery will be provided and the Buyer shall be responsible for unloading.
7.5 The Seller has the right to contract third parties for delivery.
7.6 All Items should be inspected and signed for at time of delivery by the Buyer, subject to being delivered in good and satisfactory condition.
7.7 Any damages caused during transit should be highlighted by the Buyer and photo evidence provided to the Seller within 24 hours of delivery or point of unwrapping (whichever is sooner). If notification is received after this time then the Seller will not be liable for damages.
7.8 In the case that transport has been arranged by the Buyer, then the Seller cannot accept any liability for damages caused in transit.
7.9 It is the responsibility of the Buyer to ensure that large or awkwardly shaped Items (e.g. corner units, larder units and island units) can be manoeuvred into the room of the house they were intended for. The Seller will accept no responsibility for Items that cannot be delivered for this reason. If units need to be returned to the Seller for adjustment before being re-delivered to the Buyer then the Buyer will be solely responsible for the cost of the adjustments, collection and re-delivery.
7.10 Wherever possible, a delivery time (AM or PM) will be given on the due delivery day, however the Seller is not liable for late deliveries.
7.11 The Goods will be delivered to the delivery address specified on the invoice unless otherwise agreed in writing by the Buyer.
7.12 Delivery of the order shall be considered complete upon signing of Delivery Note by the Buyer.
7.13 The Goods will be become the responsibility of the Buyer from the time of acceptance of delivery.
7.14 Any damages or defects must be stated on the Delivery Note in writing by the Buyer and agreed by the Driver.
7.15 If Items are not unwrapped immediately on delivery, the Buyer must notify the Seller in writing within 48 hours of any defects or issues (including provision of photographs).
7.16 The Seller is not liable for late or non-delivery on the specified date where the circumstances are outside their control (e.g. adverse weather, natural disaster, traffic accidents, road closure or severe congestion).
7.17 The Seller may decline to deliver the Goods if:
– it is believed that it would be unsafe, unlawful or unreasonably difficult to do so; or
– the premises (or access to them) are unsuitable for the delivery vehicle.
– the Buyer is not at the address at agreed time of delivery or refuses to accept delivery for any reason. In this case, the Buyer will have the right to store the Goods until subsequent delivery takes place and charge a reasonable sum to cover expenses incurred which shall be the original cost of delivery (required to be paid again) and a storage fee of £100 per day, based on the dimensions and volume of the Items.
7.18 Ownership of the Goods will only be passed to the Buyer when full payment in full has been received by the Seller of all sums due for the Goods, including delivery charges.
7.19 If the Buyer postpones delivery within four weeks of the original agreed delivery date then the Seller reserves the right to charge an initial fee storage fee of £100 plus £10 per day thereafter.
Survey and Installation
All measurements taken at the time of the survey will be true and accurate. Any alterations to walls, floor, ceilings and openings after the survey has taken place are the responsibility of the Buyer. An updated plan will be sent to the Buyer where applicable after the survey with details of any changes to the kitchen plans arising from the survey. These plans will form part of the sign off documents and it is the Buyers responsibility to check the plans are true and correct.
The base cabinets have 100mm void underneath and a 50mm void at the rear unless they have been modified under the instruction of the Buyer. Wall cabinets have 18mm void at the rear. It is the Buyers responsibility to ensure walls should have sufficient supports in order to hang the wall cabinets. The wall cabinets are secured by fittings that are between 2000mm and 2150mm from floor level unless otherwise agreed.
A floor plan will be provided to the Buyer. It is the responsibility of the Buyer to ensure that all first fix plumbing and electrics are in the correct places before the installation of the kitchen.
During the installation and painting of the kitchen, it is essential that no tradespersons shall be working in the area where the kitchen fit is taking place other than the kitchen fitters.
After the installation and painting of the cabinets, it is the Buyers responsibility to ensure that the cabinets are well protected and no damage or movement occurs. This is especially important where worktops are being fitted after an initial templating appointment has been carried out.
We offer a floor covering service, costed on request. Although great care is taken by both our delivery teams and kitchen fitters, if this service is not requested by the Buyer, Olive and Barr accept no responsibility to flooring under any circumstances throughout the whole of the property. Any photographic evidence provided after the installation will not be deemed as submissible evidence without being presented with photographs of the same area prior to installation.
Access to the property is the responsibility of the Buyer. The Buyer is to ensure that there is adequate access regarding doors, openings, staircases etc for all cabinetry, appliances and worktops to be delivered.
It is responsibility of the Buyer to ensure for suitable parking for the delivery of the cabinets, appliances and worktops.
Guarantee / Warranty
8.1 The Seller will only provide a 15-year structural warranty where the kitchen has been fitted by the Seller, or any person or Company contracted by them.
8.2 Where the kitchen has been installed by the Buyer, or any person or Company contracted by them, the Seller will not provide a warranty unless otherwise agreed in writing.
8.3 The warranty covers the following:
– The structure of the cabinets (in case they move, warp, bow or crack more than they naturally should) A tolerance of up to 5mm of movement is deemed acceptable. For anything over and above 5mm, the Seller agrees to rectify the issue.
– All hardware such as handles, runners, hinges and catches (where these were supplied by the Seller).
8.4 The warranty does not cover problems caused by, or arising from:
– excessive damp, moisture or floods
– fair wear and tear, wilful damage, accident or negligence by the Buyer or any third party
– Movement or failure of cabinet and/or adjoining cabinets where an integrated or free standing washing machine or tumble dryer is installed.
– use of the Goods in a way that is not recommend by the Seller
– failure to follow instruction (including instructions about use, cleaning and servicing of the Goods) which the Seller has provided to the Buyer
– any alteration or repair carried out by the Buyer without prior written approval from the Seller
– natural changes like fading, movement, cracking or splitting in timber or colour changes in paint (unless these changes are more excessive than is usual)
– appliances or accessories (sinks, taps, handles etc.) not supplied by the Seller.
The warranty will be void in the case that any problems have arisen from flooding, fire or any other unusual circumstance.
8.5 Warranties cannot be transferred e.g. if the Buyer sells their home with one of the Seller’s kitchens installed in it.
8.6 If stone worktops have been supplied and installed by one of the Seller’s partner companies then the Warranty will be provided to the Buyer by the stone supplier., not by the Seller.
8.6 The Seller does not accept liability for problems arising due to poor or incorrect fitting of cabinets by the Buyer, or any person or Company contracted by them, irrespective of whether the fitter was approved by the Seller.
8.7 In the case that any worktops are fitted by a company or individual not approved by the Seller, then the Seller will not guarantee or provide any warranty for the cabinets or installation of them.
8.8 Newly installed and painted kitchens will require a proper curing time of 28 days to allow the paint to sufficiently harden. Cabinets will be ‘touch dry’ within 24 hours and can be used after this time, however the Seller does not accept liability for damages to painted units caused by insufficient care during the curing period.
Returns
9.1 All products are inspected by the Seller prior to delivery. No returns will be accepted unless the item is not as described on the invoice. Buyers will be required to sign for deliveries to confirm receipt of Goods in satisfactory condition. Any subsequent damage will not constitute a reason for return of the Goods.
9.2 We do not accept returns on Items collected from our premises.
9.3 The Seller will not accept liability for any structural problems arising after fitting by the Buyer, or any person or Company contracted by them.
9.4. In the case that the Seller, or any person or Company contracted by them, is required to visit The Buyer’s property to rectify any problems which have arisen due to improper fitting and installation of the cabinets on the part of the Buyer, then the Buyer will be liable for a charge of £30 per hour for any work undertaken in addition to £100 call out charge and relevant travel expenses.
DATA PROTECTION
10.1 The Seller is committed to protecting the privacy of their customers and fulfilling their obligations under UK data protection Laws.
10.2 The Seller will not retain any credit card or debit card details.
Amendments and Revisions to Terms and Conditions
11.1 The Seller has the right to revise and amend these terms to reflect change in market conditions affecting the 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 the Seller.
11.2 The Buyer will be subject to the policies and terms in force at the time that a binding contract comes into existence, in accordance with clauses in Section 1 (Basis of Sale); unless any change to those policies or these terms is required by law or government or regulatory authority (in which case, the change will apply to existing unfulfilled orders only).