TERMS AND CONDITIONS
1 DEFINITIONS
In this agreement, unless the context requires otherwise:
1.1 Buyer means the person who buys or agrees to buy the goods from the Seller;
1.2 Conditions means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller;
1.3 Delivery Date means the date specified by the Seller when the Goods are to be delivered;
1.4 Goods means the articles that the Buyer agrees to buy from the Seller;
1.5 Order means the order for the Goods placed by the Buyer with the Seller;
1.6 Price means the price for the Goods inclusive of VAT; and
1.7 Seller means HYGGE KITCHENS Limited.
2 CONDITIONS APPLICABLE
2.1 These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms and conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase the Goods pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyers acceptance of these Conditions.
2.4 Following a technical survey by our surveyor, alterations to the Goods may be required. Any alterations will be undertaken at the discretion of the Seller and Buyer.
2.5 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3 PRICE AND PAYMENT
3.1 The Price shall be the Sellers quoted price. The Price is inclusive of VAT which shall be due at the rate ruling on the date of the Sellers invoice.
3.2 A non-refundable deposit will be payable by the Buyer on placing the Order.
3.3 Payment of the Price by the Buyer shall be made as follows:
3.3.1 By cash, if made prior to or on delivery of the Goods;
3.3.2 By debit or credit card, such payment to be made at least three working days prior to delivery.
3.3.3 By bank transfer, provided that cleared funds must be in the Sellers bank account at least three working days prior to delivery.
3.4 If the Buyer fails to pay the Price on the due date then the Seller shall be entitled to cancel or suspend any delivery to the Buyer.
3.5 In the event of a cancellation after a technical survey has been conducted, the seller will recover all losses incurred as a result of the cancellation from the Buyer.
3.6 The Price will be fixed on any holding order for Goods for a maximum period of 6 months, unless agreed otherwise in writing by the Seller. Any holding order exceeding 6 months may be subject to an increase in the Price where any supplier to the Seller increases prices.
4 THE GOODS
4.1 The quantity and description of the Goods shall be as set out in the Sellers quotation.
4.2 The Buyer should ensure that the plan provided by the Seller meets with the Buyers agreement as alterations to the Order can delay delivery.
5 DELIVERY OF THE GOODS
5.1 The Goods purchased by the Buyer will be delivered to the address given by the Buyer at the time of order, except that deliveries are not made outside the United Kingdom.
5.2 If delivery cannot be made to the Buyers address, the Seller will inform the Buyer as soon as possible, and refund or re-credit to the Buyer for any sum that has been paid by the Buyer or debited from the Buyers credit card for delivery.
5.3 If there is no-one at the address given who is competent to accept delivery of the Goods, the Buyer will be notified of an alternative Delivery Date. The Seller reserves the right to charge for such delivery.
5.4 Every effort will be made to deliver the Goods as soon as possible after the Buyers Order has been accepted. However, the Seller will not be liable for any loss or damage suffered by the Buyer through any unreasonable, reasonable or unavoidable delay in delivery. In this case, the Seller will inform the Buyer as soon as possible.
5.5 The Buyer will become the owner of the Goods ordered and responsible for risk of loss of or damage to them once they have been delivered to the Buyer.
6 ACCEPTANCE OF THE GOODS
6.1 Subject to Clause 5, the Buyer shall be deemed to have accepted the Goods on delivery to the Buyer.
6.2 After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the Order.
7 TITLE AND RISK
7.1 The Goods shall be at the Buyers risk as from delivery.
7.2 In spite of delivery having been made, property in the Goods shall not pass from the Seller until:
7.2.1 the Buyer shall have paid the Price in full; and
7.2.2 no other sums whatever shall be due from the Buyer to the Seller.
7.3 Until property in the Goods passes to the Buyer in accordance with clause 8.2, the Buyer shall hold the Goods and each of them on a fiduciary basis as bailee for the Seller. If required by the Seller the Buyer shall store the Goods (at no cost to the Seller) separately from all other goods in its possession and marked in such a way that they are clearly identified as the Sellers property.
7.4 The Seller shall be entitled to recover the Price not withstanding that the property in any of the Goods has not passed from the Seller.
7.5 Until such time as property in the Goods passes from the Seller the Buyer shall upon request deliver up the Goods.
7.6 The Buyer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods which are the property of the Seller. Without prejudice to the other rights of the Seller, if the Buyer does so all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable.
7.7 The Buyer will at their own expense maintain the Goods to the satisfaction of the Seller until title in the Goods passes to the Seller.
8 REMEDIES OF BUYER
8.1 Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods.
8.2 The Seller shall be under no liability whatever to the Buyer for any indirect loss and expense (including loss of profit) suffered by the Buyer arising out of a breach by the Seller of this contract.
8.3 In the event of any breach of this contract by the Seller the remedies of the Buyer shall be limited to damages. The liability of the Seller shall not exceed the Price of the Goods.
8.4 The Seller shall be under no liability whatever to the Buyer for any indirect loss and expense (including loss of profit) suffered by the Buyer arising from the negligence of a tradesperson recommended to the Buyer by the Seller, where the Buyer engages such a tradesperson independently of the Seller, unless otherwise agreed in writing by the Seller.
9 DATA PROTECTION
9.1 The Seller will take all reasonable precaution to keep the details of the Buyers Order and payment secure, but unless the Seller is negligent, the Seller will not be liable for unauthorised access to information supplied by the Buyer.
9.2 The Seller will only use the information provided by the Buyer for the purpose of fulfilling the Buyers Order, unless the Buyer agrees otherwise. The Buyer can correct any information or ask for information about the Buyer to be deleted, by giving written notice to the Seller at the address or email address shown below.
10 FORCE MAJEURE
The Seller shall not be liable to the Buyer or deemed to be in breach of contract by reason of delay in performing, or any failure to perform, any of the Sellers obligations in relation to the Goods if the delay or failure was due to any cause beyond the Sellers reasonable control, including but not limited to any failure by any Supplier of its obligation.
11 ASSIGNMENT
The Buyer shall not without the written consent of the Seller assign or transfer this agreement or the benefit thereof in whole or in part to any person.
12 INDEMNITY
The Buyer shall indemnify the Seller in respect of all damage or injury occurring to any person, company or property against all actions, claims and proceedings in connection with the supply of the Goods to the Buyer by the Seller for which the Seller may become liable.
13 PROPER LAW OF CONTRACT
This contract is subject to the law of England and Wales.
14 THIRD PARTIES
A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999.