Installation

Your order

These terms and the details of your order are considered by us to be the whole agreement between you and us for the sale of your kitchen products. Please check the details within both are correct, complete and accurate before committing yourself to the contract. We would specifically draw your attention to any personal specifications or measurements relating to your order. Should you suspect an error has been made on our part   please inform us at least 4 weeks prior to delivery. Please ensure you have read and understood these terms and conditions prior to signing your order as you will be bound by these terms once an Order Acknowledgement has been issued in store. Please note, your official Order Acknowledgement is not issued at the time of signing this document and refers to the confirmation of order details once the site survey has been completed. We will assign a reference number to your order, and we ask that you quote this in all correspondence with us relating to your order. You can view these terms at any time on our website.

Notice of the Right to Cancel

Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulation 2013, for all our products, we will allow you to cancel or amend your order within 14 calendar days of the initial order being placed. This will be your ‘Cooling Off Period’. During that period if you choose to cancel the contract any money paid by you will be refunded.

After this point you can still cancel if the order has not been Acknowledged and all final paper signed. However, we will withhold a £500 design fee to cover the design work conducted by Kettle Co.

After the order is Acknowledged and final order signed all items are ordered and you are liable for the full value of the order. Should you wish to add new items to your order after this point it will be a new and separate order and thus separate lead times and additional delivery charges may apply.

If you wish to cancel the contract you must do so in writing and deliver personally or send (which may be by electronic mail or post) this to the person named below. You may use the form below if you want to, but you do not have to. The notice of cancellation is deemed to be served as soon as it is posted or in the case of an electronic communication from the day it is sent. Complete and return attached Customer Cancellation Notice part if you wish to cancel the contract

If the delivery date requested by customer at the Order Acknowledgement stage requires manufacture of the product to commence within 14 day ‘Cooling Off’ period, then customer will potentially be liable for the full contract value if decide to cancel the order.

All our products, with exception of kitchen accessories, are made to order, using the specifications, measurements, plans, choices and details you have provided us with during the ordering process. This remains your responsibility, even if we are installing your products or have attended your premises prior to you placing your order. You may correct any errors prior to Acknowledgement, however we cannot guarantee changes or cancellation of your order after the Acknowledgment has been signed. Hence, any changes or cancellation of order made after production commenced would cause substantial disruption to the production and as a result incur significant costs. Therefore, we will not be able to provide replacements, or allow you to reject products that have been made to order which have been supplied to you in accordance with specifications, measurements, plans, choices and details you have provided us with during the ordering process unless the products are faulty or fail to comply with our warranty terms.

Any samples, illustrations and descriptions contained in our catalogues and brochures are issued solely to provide you with an approximate idea of the products. They do not form part of the contract between you and us. We have taken care to show all products as accurately as possible, despite this slight variation can occur, for example textures and colours may vary between different batches.

The terms of sale shall become binding once an order Acknowledgment has been issued. A quotation will have been issued to you on the basis that this will become an order. All quotations are valid for 30 days from their date of issue unless we write to you informing you otherwise. Any quotations subject to a promotional offer will be valid for 30 days from its date of issue to you or, if sooner, on the expiry of the promotional offer.

We reserve the right to amend these terms and conditions from time to time to reflect changes in market conditions that may affect our business. Changes in technology, payment methods, laws and regulatory requirements and changes in our systems capabilities. You are subject to the terms in force at the time you place your order with us.

Prior to installation

The fitter who will be responsible for providing the installation service will contact you after you have paid your deposit to arrange a technical survey. The purpose of his visit is to check the proposed plan and layout confirming it will fit the area specified and is of a practical design, and to discuss  all works to be undertaken as agreed with your designer.

At the technical survey your installer will advise you should any supplementary work be required beyond that  discussed at the time of deposit – for instance, if an affected wall needs to be re-plastered before the kitchen can be fitted.  At this time, or (depending on the nature of the additional work involved) within 14 days, the installer and/or designer will confirm any additional costs verbally and in writing.  If you do not agree to any necessary additions, we may be unable to proceed with your installation.

You have the right to personally hire another contractor to carry out elements of the installation in conjunction with our fitter, but any such works are outside of our agreement with you. As such we accept no liability for any damage or delays in completion of your project arising as a result of any additional works carried out by such a chosen contractor.

The proposed plan and design forms the basis of the installation service provided to you. As such you must ensure that you are happy with any amendments suggested by the installer to the proposed plan and design and that you fully understand them before you sign your Order Acknowledgement. Should you be unhappy with any of our installers proposals, whether it be additional work or any alterations made to the proposed plan and design, you should contact the designer at the showroom with whom you placed your order as soon as possible. As our products are made to order we may be unable to make any changes/alterations to your order once it has been placed.

Kettle Co Warranty       

Our unique Signature kitchens all come with a 25-year guarantee on cabinets, doors and drawer fronts. In the extremely unlikely event that subject to wear and tear, any of the cabinets, doors or drawer fronts should fail, it will be repaired or replaced at no expense for a period of 25 years from the date of installation.

We warrant the quality of our Kuhlmann, Williams & Sons, as well as Trade/Contract range for a period of 10 years.

We warrant that upon delivery and for a period of 12 months from the date of delivery any products not covered by our cabinet/door warranty:

I.             Are of satisfactory quality;

II.            Are fit for the purpose for which the products are supplied;

III.           Are free from material defects in design, material and workmanship;

IV.          Comply with all statutory and regulatory requirements;

V.            Conform in all material aspects with their description and manufacturers specification.

This warranty does not apply to any defect in products arising from:

I.             Fair wear and tear;

II.            Wilful damage and neglect; 

III.           Accidental damage occurring after delivery;

IV.          Use of the products in a way not recommended, or failure to follow instructions and/or care guidelines;

V.            Any alteration or repair carried out by you without our written approval.

After this 12 month period, where products are no longer subject to our Kettle Co Warranty, we will endeavour to transfer to you any enduring warranty or guarantee given to us by the manufacturer. Installation services provided by us do not form part of these terms and are subject to separate terms and conditions.

Warranty is not endorsed or underwritten by any external insurance policy.

All warranty agreements are valid only for the original purchaser of the kitchens and are not transferable.

This does not affect your right to redress under the Consumer Rights Act 2015.

Installation warranty

We warrant that the installation services provided by us will be performed with reasonable skill and care, and the installation itself remains under warranty for a period of 12 months thereafter.

We will not accept liability for any fault or damage caused by incorrect measurements provided by you during the ordering process, or by pre-existing damage to walls or utility connections to which products are attached.

If the installation services have not been carried out to an appropriate standard, you must notify us in writing. If you fail to do so, this may affect your warranty.  This does not apply to problems arising from the installation after the fact.

If the installation services do not conform with the warranty, we will either re-perform the installation services to comply or agree a refund which will be no higher than the original installation price.

We will endeavour to complete the installation services within the agreed timescale but will not be held liable for any reasonable delays due to unforeseen circumstances. No compensation will be given for inconvenience or costs incurred due to the project running over schedule for an unforeseen reason.

This does not affect your right to redress under the Consumer Rights Act 2015.

Your responsibilities

In regard to installation, you are responsible for:

– Ensuring that all measurements provided by you are correct and accurate;

– Obtaining all necessary planning permission and building regulations consents;

– Ensuring that our fitter has clear and safe access to the area where the installation services are to be carried out;

– Providing adequate power, lighting, heating and other necessary facilities for the fitter to be able to carry out the installation services.

If you choose to appoint your own tradesperson(s), rather than our installer, to carry out any part of the work, or additional works coinciding with our installation, you must ensure that these works are carried out with reasonable skill and care. In the event that our fitter is unable to proceed with the installation services due to incomplete or sub-standard workmanship of the additional contractor(s) the fitter will suggest one of the following:

– Complete/rectify the defective additional works at your cost; or

– Arrange a date in the future to carry out the installation services to allow you the time to rectify the defective additional works.

Please note, it is your responsibility to ensure that the products are stored in a suitable environment until such time as the fitter is able to install the products, should the situation mentioned above occur. You will be responsible for any costs, loss and/or damage caused due to the fitter being unable to carry out the installation services on the original date.

You must inform us of any known structural defects or anomalies at the location where the installation services are to be carried out which may affect the installation services.

If during the installation services, you agree with the installer to deviate from the plan, then this must be communicated with Kettle Co. Only if the deviation is advised by the installer and confirmed by your Designer and our Project Manager, will Kettle Co. be liable if the deviation causes loss or damage.

If at any time throughout the installation you have any concerns about the installer or the quality of workmanship, you must contact us immediately. Do not wait until the installation is complete.

On completion of the installation services, you will be asked to sign a certificate of completion and allow us to take photographs of the completed works. If you are not happy in any way with the installation services which have been carried out, you should note this on the certificate of completion. 

If you raise a claim or issue in regard to the installation services you must allow us access to review the installation services/products and to take photographs of  any alleged damage or poor quality of work.

Installation services

Provided that you comply with your obligations, we will ensure that the fitter completes the installation to the specifications discussed at time of purchase.

If, during the installation services, it appears that the walls are incapable of holding the products supplied or the utility connections are unsafe, faulty, flawed or of poor quality, we reserve the right to suspend the installation service until the necessary remedial works have been completed.

Whilst we will try to ensure our fitters keep dust and disruption to a minimum during the provision of the installation services, you should take all reasonable and necessary steps to minimise the impact of the installation services, for example by moving breakables/delicate items and covering areas likely to be affected with dust sheets. Whilst the fitters will endeavour to clean up after themselves, you should expect some dust to result from the installation services and you agree that we will not be liable for any cleaning expenses resulting from such dust.

Minor damage may occur to decor, plaster and tiling during the installation services but you agree that we will not be responsible for redecorating or repairing any damage unless it is as a result of our negligence rather than an unavoidable consequence of having the products fitted.

The installer will issue a certificate for any gas and/or electric work that has been carried out as per the industry requirements and safe working practice. 

Delivery

The delivery date will be made at the Order Acknowledgement stage.

We will make reasonable effort to deliver your order within 60 days of your order confirmation or as per the timescale agreed at the time of placing the order. Delivery will be made within the UK only, to an address nominated by you. We will contact you to arrange delivery. Our project coordinator will confirm this within 7 days of your order confirmation. We will give you same day notice of when your delivery will be made – in the morning or the afternoon.

We cannot guarantee that your delivery will be completed within 60 days of your order confirmation. Occasionally delivery may be delayed due to factors beyond our control. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date with you. We accept no liability for late delivery if it is delayed within reasonable timeframes.

If you fail to take delivery of your order, except where this is due to failure by us to adhere to the terms set out or  an event beyond your control we will store the products until delivery can take place but may charge you an additional fee to cover storage expenses and insurance.  We will charge you for any subsequent attempts to deliver your order. If you have not taken delivery within 30 days of our initial attempt to deliver the order, we may, after giving you reasonable prior written notice, dispose of or resell the order.

If we are unable to deliver the whole of the order due to shortage of stock or operational issues, we will deliver the order in instalments. There will be no additional delivery costs for this. If you request that we deliver the order in instalments, however, there will be an additional delivery cost for this.

You must ensure that either you or a nominated person over the age of 18 is present at the designated delivery address to accept and sign for the delivery.

All deliveries must be checked within reasonable time. Any discrepancies found between the delivery and the Order Acknowledgement must be reported to us within this timescale. It is your responsibility to inspect the products upon delivery. If the products are damaged upon arrival you must report this to us within reasonable time. Any claims submitted after this time will not be accepted.

You must ensure that our delivery team have clear and safe means of access to your nominated delivery address. If this is not done, we reserve the right to refuse to deliver and will store the items at cost to you until such time as access is clear and safe.

Returns

In the unlikely event that the products delivered do not conform with our terms, please let us know as soon as possible. You have a 30 day short term right to reject on faulty goods and the right to a full refund within 14 days of it being agreed. This does not apply if the goods are installed incorrectly where a right to repair or replacement or price reduction is applicable.

Where a product has been returned to us we will make a thorough examination of it and either repair it, replace it, or issue a refund for the defective product. Where a refund is issued due to a defect, the price of the specific item will be refunded in full, along with the relevant delivery charge and any charges incurred in returning the item to us. For replacement or repair of a defective product we will not charge you for re-delivery. You must notify us of your intention to return a product by contacting your designer or our project co-ordinator.

Where defects are discovered within six months, Kettle Co. acknowledges your protection as per the Consumer Rights Act, and the defect will be taken to have been present at the time of delivery (unless we prove otherwise). After six months you must demonstrate the issue and may need to provide some evidence that the damage was not caused by you. This reverse burden of proof does not apply when you use the 30 day short term right to reject option.

Price and Payment

Payments for products must be made in advance of delivery as per the terms set out in the Order Acknowledgement. To secure your purchase we require a deposit of 50% of the total order balance, which we will invoice to you once these terms and conditions have been signed and your order has been confirmed. This deposit represents 50% of the total goods price and 50% of the installation price.

If you wish to secure additional protection of your funds, we suggest that you pay part of the deposit value (min. £100) by credit card. This practice will enable your entire purchase to be covered by Section 75 of the Consumer Credit Act 1974. When you make a purchase on a credit card that costs between £100 and £30,000, you benefit from an extra level of protection if something goes wrong. This credit card protection for purchases helps you get a full refund from your credit provider, even if you only pay a small proportion of the price by credit card, for example paying a £100 deposit, you are still covered.

The remaining 50% of the total goods value (i.e. not including the installation fee), is expected two weeks before delivery. Failure to pay in advance of delivery as per these terms will result in the delay/cancellation of your order until the outstanding amount has been paid.

Payment for the remaining 50% of the installation price is split into two stages:

– We ask you to pay 25% of the total install charge 7 calendar days before the installation start date.

– Final payment of the remaining 25% of the installation charge will be requested upon job sign-off.

We will issue your final invoice within 7 days of completion.

Note: The final balance payment on goods is due two weeks prior to the delivery date that is agreed at the point of Order Acknowledgement, or the actual delivery date if the date is brought forward. If the delivery is pushed back by either party, the payment date remains in line with the original delivery date agreed at Acknowledgement.

We accept payment by cash, all major credit and debit cards, or cheque. If you choose to pay by card or cheque, please ensure your payment is submitted at least four working days prior to the payment deadline, as funds must be cleared in our account before we can proceed with your order.  

Liability

Complaints Procedure

We always endeavour to provide the best service and products for our customers. However, on rare occasions, we recognise that there may be times where you may not be completely satisfied. To ensure we are able to put things rights as soon as we can, please read our complaints procedure below and we will respond promptly to ensure complete satisfaction. As soon as possible after the completion of the works, please inspect the work to ensure everything has been carried out to our usual high standards. In the unlikely event there is anything you are not completely satisfied with, please contact us as soon as you can in order that we can rectify any problems as soon as possible.

Either call us on: 01726 600034 (St. Austell) or 01752 936104 (Plymouth)

Or write to us (please request proof of receipt if posting): 

St Austell Showroom

1st Floor HBH Woolacotts Superstore

The Valley Retail Park

Gover Road, St Austell

Cornwall PL25 5NE

Plymouth Showroom

1st Floor HBH Woolacotts Superstore

Coypool Retail Park

Coypool Road, Plymouth

Devon PL7 4TB

Or email us info@kettleco.co.uk

We aim to respond within 3 days of receiving your complaint and where possible, will provide you with a date to remedy any issues raised. Where we are unable to resolve your complaint using our own complaints procedure, we use Dispute Resolution Ombudsman and/or Which? Trusted Trader for dispute resolution. In the unlikely event that we cannot remedy your complaint to your satisfaction you may wish to refer your complaint to them.

CUSTOMER CANCELLATION NOTICE

Name of customer:         ……………………………………….

Address of customer:     ……………………………………….

……………………………………….

I/We hereby give notice that I/We wish to cancel my/our contract dated: ……………….…………

Customer signature:       ……………………………………….       Date:         ………….…………

This notice should be sent to:

St Austell Showroom

1st Floor HBH Woolacotts Superstore

The Valley Retail Park

Gover Road, St Austell

Cornwall PL25 5NE

Plymouth Showroom

1st Floor HBH Woolacotts Superstore

Coypool Retail Park

Coypool Road, Plymouth

Devon PL7 4TB

Email address: …………………………………….……….….

Contract reference: …………………………………..……….

Date: ……………………..

——————————————————————————————————————————-

Work commencing prior to the expiry of the Cancellation Period

If the delivery date requested at Order Acknowledgement stage requires manufacture of the product to commence within 14 day ‘Cooling Off’ period, then you need to complete, detach and return this part of the form. Please retain the above in case you wish to subsequently cancel the contract within the 14 days cancellation period.

I/We agree that Kettle Co. may commence manufacturing work, before my cancellation period has expired.

I understand that if I decide to cancel within fourteen working days, I may be asked to pay for any work that has been done prior to my cancellation. I am aware that in certain circumstances, I can also be liable for the full contract value if decide to cancel the order.

Name of customer:          ……………………………………….

Address of customer:     ……………………………………….

……………………………………….

Customer signature:       ……………………………………….       Date:         ………….…………