Terms & Conditions
1. Our Terms
- What these terms cover: These are the terms and conditions on which we supply products to you, whether these are goods or services.
- Why you should read them: Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
- In these terms
- “product or products” shall mean any cabinetry, worktops, white goods, electrical goods and other goods or items ancillary to the design, production and supply of your kitchen;
- “kitchen” shall include any ancillary or other rooms forming part of our design.
2. Infomation about us and how to contact us
- Who we are: We are Simkal Limited, trading as Weber Designs a company registered in England and Wales. Our company registration number is 07747991 and our registered office is 4-7 Market Hall Buildings, Market Square, Lytham St Annes FY8 5LW.
- How to contact us: You can contact us by telephoning us at 01253 273662 or by writing to us at email@example.com or at 4-7 Market Hall Buildings, Market Square, Lytham St Annes FY8 5LW.
- How we may contact you: If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- “Writing” includes emails: When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
- We will initially prepare CAD drawings of your new kitchen and present our design to you at a meeting together with a costing of the products and of any installation costs. Once you are happy with the design of your kitchen or extension or other work quoted, we will ask you to accept the digital signature of the Simkal Ltd Quotient Order Confirmation. We will accept your order when we receive the following:
- Simkal Ltd Quotient Order Confirmation and digital signature; and
- a non-refundable deposit of 25% of the total cost of your kitchen/ extension etc.
at which point a contract will come into existence between you and us.
- If we cannot accept your order: If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified in the agreement. In these circumstances, we will refund your deposit to you. If no specified agreement of delivery deadline, no refund will be given. If products we order for you from third parties (eg dishwashers) are unavailable, we will contact you to agree a suitable alternative product, possibly from an alternative manufacturer. The unavailability of third party products will not entitle you to cancel your order with us.
- Your order number: We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
- Once your order has been accepted: We will arrange a surveyor’s appointment to check that your measurements are correct. All structural/architectural work at your property must be completed prior to the surveyor’s appointment and a final floor screed must be in place. First fix electrical and plumbing works must have been completed. If the survey reveals that any of your measurements are inaccurate, we will discuss the implications of this with you. If we can proceed with the order with only minor amendments which have no effect on the pricing or overall design of your kitchen, we will do so without further reference to you. If alterations to the design of the kitchen need to be made, we will contact you about this and you will bear the cost of any alterations. Any alterations carried out by you after the surveyor’s visit must be brought to our immediate attention as this may affect delivery and installation dates or may result in there making of some of the cabinetry. If cabinets or appliances need to be altered or remade you will bear the cost of these changes.
- The Second Stage 50% interim Payment: Detailed in the Simkal Ltd Order Confirmation Form is payable 7 days prior to the commencement of work or 7 days prior to the agreed start date. If you fail to make the second stage payment on time, we have the right to refuse installation and accept the deposit as a cancellation fee for goods, work lost or schedule changes due to a delayed payment from you/ customer. If we need to rearrange the start date due to any reason caused by you/customer, we have the right to charge for a rescheduled installation date to the cost of £500.
- Production Drawings: Following the surveyor’s appointment, we will produce production drawings of your kitchen for your approval. We will ask you to accept (or e-sign) the quotient form for these drawings as confirmation of your approval of the drawings and the detailed kitchen design and contract. To Plan or produce 3D designs for the kitchen or extension or any designed items processed by Simkal Ltd, plans are typically costed at £380. These production drawing costs are waivered upon the agreement of contract when the digital signature acceptance has been accepted, and thereof our offer of free planning and design will be fulfilled. If for any reason the customer cancels or we accept any cancelation of any work, the production drawing costs will be re-applied and charged to the customers. The customer will be eligible for the cost of the Plan/ design or production drawing service.
- Sales outside of the UK: Our brochure and marketing material is solely for the promotion of our products in the UK. If you would like us to install your kitchen and you live outside of the UK, please talk to us and we will discuss whether this is possible. If we agree to supply your kitchen outside the UK, you will be responsible for any export, import or other taxes or charges levied on the sale or supply of the products and the installation.
4. Our products
- Products may vary slightly from their pictures: The images of the products in our brochure and on our website are for illustrative purposes only. Although we have made every effort to ensure the colours are accurately represented there may be minor variations in colour and our product may vary slightly from those images.
- Wooden Worktops: If you choose to have wooden worktops, these will require regular maintenance; wood is a natural product and must be properly maintained. For this reason, if we supply wooden worktops to you, we only guarantee the condition of the worktop for 30 days from the date of installation. If a wooden worktop is being placed adjacent to a storage type cooker there is a small possibility that the heat from the cooker may cause the wood to split and/or twist. We do not accept any responsibility for any such damage.
- Making sure your measurements are accurate: If we are making the product to measurements you have given us, you are responsible for ensuring that these measurements are correct.
5. Your rights to make changes
- If you wish to make a change to the product that you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. You will be responsible for the cost of any changes.
6. Our rights to make changes
- Minor changes to the products: We may change the product:
- to reflect changes in relevant laws and regulatory requirements; and/or
- to implement minor technical adjustments and improvements. These changes should not affect your use of the product; and/or
- if the product is a prototype.
7. Delivery and installation
- Delivery and installation costs: The costs of delivery and installation for any appliance or item purchased will be as set out or agreed in the Simkal Limited Order Confirmation Form(subject to any variation agreed in writing between us). The Final Stage Payment specified in the Simkal Limited Order Confirmation Form must be made by you at least 14 days before the delivery date. If you fail to make this payment, we will not deliver and/or install the products until this payment has been made. If you delay in making this payment, we may need to postpone your delivery/installation date. We accept no responsibility for any losses incurred by you asa result of any delay in these circumstances.
- When we will provide the products: Once our surveyor has visited your property in accordance with clause 3.4 above, we will agree with you a delivery window (which will be ‘week commencing’). This will be at least 7 weeks after the survey unless we agree otherwise in writing. Provided we have received payment in full, an exact delivery and (where appropriate) installation date will be agreed with you approximately one week before your delivery window.
- We are not responsible for delays outside our control: If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay (over 6months) you may contact us to end the contract and receive a refund for any products you have paid for but not received.
- Your obligations on delivery and/or installation: To ensure that there is a smooth delivery and installation of the products, you must:
- Ensure that we have access (at no cost to us) to the site by 8am on the day of delivery and on any subsequent dates needed to install the products. If we are only delivering the products, you must be present to tell our staff where you would like the products left. It is your obligation to ensure that the products will fit through any access doors on site. If any doors need removing to allow for access, this must be done by you prior to our arrival at your own cost;
- Supply heating, water, gas and electricity in the positions necessary for the carrying out of the installation at no cost to us;
- Ensure that the rooms are watertight(including but not limited to the roof, doors and windows), fully plastered and dry and that any floor coverings have been laid and are completely dry. We will not install the products if the environment is deemed in the opinion of our fitters to be too damp;
- Provide an electric power supply for our fitters to use;
- Provide adequate lighting in accordance with any relevant health and safety legislation;
- If you are supplying your own appliances, ensure that these are in the room by the time we start to install the products;
- Ensure that the room is free of all debris and any old kitchen units;
- Ensure that all walls have been madegood and are in their final condition.
- If you fail to comply with your obligations under Clause 7.4: If you fail to comply with any one or more of your obligations under clause 7.4, we reserve the right to refuse to install your kitchen until you are able to comply with your obligations under this clause. In those circumstances, you will be responsible for any costs occasioned by the delay. These costs will include but are not limited to:
- The costs of the fitters’ time based on the daily rate we have agreed with our fitters for the installation of your kitchen, the number of fitters allocated to your installation and the number of days allowed for the installation; and
- Any redelivery costs. These will be based on the distance to your property from the location at which we re-store your products and the cost of the vehicle and driver;
- Any storage costs incurred by us as a result of having to re-store your products.
Once you have confirmed that you are able to comply with your obligations under clause 7.4, we will discuss a new delivery date with you. We will work with you to look for the first available date, but will not be responsible for failure to accommodate a particular date and you will not be entitled to bring the contract to an end under clause 8 as a result of a delayed delivery or installation caused by your failure (in whole or in part) to comply with your obligations under clause 7.4
- Collection by You: If you have asked to collect the products from our premises, you can collect them from us at a pre-arranged time during our working hours of 8am and 4:30pm on weekdays (excluding public holidays).
- If you are unable to accept delivery: If you are for any reason unable to take delivery of the products on the agreed date, we will retain the products and try to arrange an alternative delivery date with you. We reserve the right to charge you for the additional transportation and storage of the products until eventual delivery. Any charges will be calculated by reference to the cost to us of storage and re-delivery.
- If you do not re-arrange delivery: If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not rearrange delivery or collect them from us we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or rearrange delivery or collection we may end the contract and clause 9.2 will apply.
- If you do not allow us access to provide services: If you do not allow us access to your property to perform the services as arranged or we are unable to perform the services because of any problems on site, we may charge you additional costs incurred by us as a result, including the cost of the fitters’ time for each day that we cannot perform the services, up to a maximum of 5 days. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 9.2 will apply.
- Damage caused by installation: The installation of your kitchen is likely to result in damage to the decoration and walls of your room. It is anticipated that the room concerned will require redecoration. This is your responsibility and we will not be responsible for the cost of this unless we specifically agree todo so in writing.
- Your legal rights if we deliver goods late: We will do what is reasonably possible to deliver the products on the date given for delivery and/or installation. Where that is not possible, we will contact you and agree an alternative date. Installation dates given are always “week commencing” which means the delivery and start of the installation could be any day of that week. If we miss the delivery date for any goods then you may only treat the contract as at an end straight away if delivery within the delivery deadline was essential and agreed as such by us in writing at the time the contract between us was formed.
- Ending the contract for late delivery: If you are entitled to treat the contract as at an end for late delivery under clause 7.11 , you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value.Cabinetry cannot be split as this would significantly reduce its value. Once the cancelled goods are in our possession, we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must either return them in person to where you bought them or allow us to collect them from you. We will pay the costs of collection.
- When you become responsible for the goods: A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.
- When you own goods: You own a product which is goods once we have received payment in full.
- What will happen if you do not give required information to us: We need certain information from you so that we can supply the products to you, for example, room measurements. This will have been notified to you before you placed your order. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them (even if delivery within the delivery deadline was essential) if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
- Reasons we may suspend the supply of products to you.: We may have to suspend the supply of a product to:
- Deal with technical problems or make minor technical changes;
- Update the product to reflect changes in relevant laws and regulatory requirements;
- Make changes to the product as requested by you or notified by us to you (see clause 6).
- Your rights if we suspend the supply of products: We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may only end the contract fora product if we suspend it, or tell you we are going to suspend it, for a period of more than6 months. In these circumstances, we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
- We may also suspend supply of the products if you do not pay: If you do not pay us for the products when you are supposed to (see clause 11.4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. As well as suspending the products we can also charge you interest on your overdue payments (see clause 11.4).
8. Your rights to end the contract
- Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 10;
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
- If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
- In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.4.
- Ending the contract because of something we have done or are going to do: If you are ending a contract for a reason set out at 8.2.1 to 8.2.5 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation.The reasons are:
- We have told you about an upcoming material (non-minor)change to the product or these terms which you do not agree to;
- We have told you about a material error in the price or description of the product you have ordered and you do not wish to proceed;
- There is a risk that supply of the products may be significantly delayed (over six months) because of events outside our control;;
- We have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 6months; or
- you have a legal right to end the contract because of something we have done wrong.
- Exercising your right to change your mind (Consumer Contracts Regulations 2013): For most products bought off- premises you have a legal right to change your mind within14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
- When you don’t have the right to change your mind: You do not have a right to change your mind in respect of:
- Services, once these have been completed, even if the cancellation period is still running;
- Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
- Any products which become mixed inseparably with other items after their delivery;
- Any products which are made to your specification. This includes all of our cabinetry.
- How long do I have to change my mind?: How long you have depends on what you have ordered and how it is delivered.
- Have you bought services (for example, installation)? If so, you have 14 days after the day you return your signed Simkal Limited Confirmation Order Form and paid your Deposit to cancel your order of the services (but not the goods).However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
- Have you bought goods not made to your specification? If so, you have 14 days after the day you return your signed Simkal Limited Confirmation Order Form and paid your Deposit.
- Tell us you want to change your mind: If you have the right to change your mind and want to do so, please let us know by doing one of the following:
- By Email: Email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- By Post: Write to us at 4-7 Market Hall Buildings, Market Square, Lytham St Annes, FY8 5LW, including details of what you bought, when you ordered or received it and your name and address.
9. Our rights to end the contract
- We may end the contract if you break it: We may end the contract for a product or service at any time by writing to you if:
- You do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
- You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, room measurements;
- You do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
- You do not, within a reasonable time, allow us access to your premises to supply the services.
- You must compensate us if you break the contract: If we end the contract in the situations set out in clause 9.1 we will not refund your Deposit. We will refund any SecondStage/ Interim Payment or Final Stage Payment that you have made in advance for products in relation to which production has not commenced or in relation to goods sourced from third parties where orders have not been placed, but we will deduct reasonable compensation for the costs we will incur as a result of your breaking the contract.
10. If there is a problem with the product
- How to tell us about problems: If you have any questions or complaints about the product, please contact us. You can telephone us on 01253 273662 or write to us at email@example.com or by post to 4-7 Market Hall Buildings, Market Square, Lytham St Annes FY8 5LW.
- Summary of your legal rights: We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. If your product is goods, for example cabinetry, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
- Up to 30 days: if your item is faulty, then you can get a refund.
- Up to Six Months: if your faulty item can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
- Up to Six Years: if the item can be expected to last up to six years, you may be entitled to a repair or replacement, or, if that doesn’t work, some of your money back.
If your product is services, for example installation, the Consumer Rights Act 2015 says:
- You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
- If you haven’t agreed a price upfront, what you’re asked to pay must be reasonable.
- If you haven’t agreed a time upfront, it must be carried out within a reasonable time.
- Your obligation to return rejected products: If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please write to us at firstname.lastname@example.org or by post to 4-7 Market Hall Buildings, Market Square, Lytham St Annes FY8 5LW for a return label or to arrange collection.
11. Price and payment
- Where to find the price for the product: The price of the product (which includes VAT) will be the price set out in the Parlour Farm Order Confirmation Form (or as subsequently varied in writing). We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
- We will pass on changes in the rate of VAT: If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
- What happens if we got the price wrong: It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
- When you must pay and how you must pay: We accept payment by BACS and most main credit card suppliers and by debit card. We do not accept American Express. You must pay:
- A Deposit of 25% of the total cost of your kitchen and installation upon placing your order with us;
- A Second Stage Interim Payment of 50% of the total cost of your kitchen and installation 7 days prior to the start date agreed;
- A Final Stage Payment of 25% of the total cost, plus any extra costs for work carried out for your kitchen and installation within 14 days of the completion your kitchen or contract.
- You do not, within a reasonable time, allow us access to your premises to supply the services.
We can charge interest if you pay late. If you do not make final payment to us within the 14 day due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Handles bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
- What to do if you think an invoice is wrong: If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
12. Our responsibility for loss or damage caused by us
- We are responsible to you for foreseeable loss and damage caused by us: If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you notified us about it in writing during the sales process.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so: This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 10.2 and for defective products under the Consumer Protection Act 1987.
- When we are liable for damage to your property: If we are providing services in your property, we will make good any damage to your property caused by us while doing so save for the cost of any redecoration to your room or other damage envisaged by clause7.10. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
- We are not liable for business losses: We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. How we may use your personal information
- How we will use your personal information: We will use the personal information you provide to us:
- To supply the products to you;
- To process your payment for the products; and
- If you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
- We will only give your personal information to third parties where the law either requires or allows us to do so.
14. Other important terms
- We may transfer this agreement to someone else: We may transfer our rights else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.
- You need our consent to transfer your rights to someone else: You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- Nobody else has any rights under this contract: This contract is between you and us. No other person (save for anyone to whom we transfer our rights under clause14.1 above) shall have any rights to enforce any of its terms.
- We are not liable for business losses: Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later: If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
- Which laws apply to this contract: These terms are governed by English law.