TERMS AND CONDITIONS OF SALE

These terms apply to all contractual agreements. Kitchen Partner Limited reserve the right to change these terms from time to time. It is recommended that you read and understand these terms prior to placing an order. These terms do not affect your statutory rights.

1 Definitions & Interpretation

In these Conditions, the following words shall have the following meanings:

"Buyer" means the person(s), firm or company who purchases the Products from the Seller;

"Contract" means the contract between the Seller and the Buyer for the sale and purchase of the Products, incorporating these Conditions;

"Products" means any products agreed in the Contract to be supplied to the Buyer by the Seller (including any part or parts of them); and

"Order Form" means the Seller's standard order form for Products.

"Seller" means Kitchen Partner Limited company registration number is 05650549 and whose registered office is 2nd Floor, 145-157, St John Street, London EC1V 4PY.

1.2 In these Conditions, references to the masculine include the feminine and the neuter and to the singular include the plural and vice versa as the context admits or requires.

1.3 In these Conditions, headings will not affect the construction of these Conditions.

2 Application Of Terms

2.1 The Contract will be on these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).

2.2 Each order for Products by the Buyer from the Seller shall be on an Order Form and shall be deemed to be an offer by the Buyer to purchase Products subject to these Conditions.

2.3 No order placed by the Buyer shall be deemed to be accepted by the Seller until a written acknowledgement of order is issued by the Seller or (if earlier) the Seller delivers the Products to the Buyer.

3 Distance Selling Regulations

3.1 Under the Consumer Protection (Distance Selling) Regulations 2000, the Buyer may have a right to cancel orders made and may be entitled to a full refund. This may not apply to Products that have been made to the Buyer's specification or which by their nature cannot be returned or reused.

3.2 In order to exercise the right under Condition 3.1 the Buyer must ensure the Products are kept in substantially the same condition as that when they were received and kept in their original packaging. The Buyer must give the Seller written notice within 7 days of receipt of the Products in question.

4 Price & Payment

4.1 The price for the Products (including delivery) shall be the price set out on the Seller's website. All prices are inclusive of VAT.

4.2 If you buy a "Special Offer" kitchen from the Seller's website full payment is required when the order is placed. For "Bespoke" kitchens a 10% deposit is required on order and full payment is required 3 weeks before delivery.

5 Description

5.1 The Seller will use its reasonable endeavours to display as accurately as possible the true colour of its kitchens that appear on its website. Due to variations in monitor display settings the Seller cannot guarantee that the display of any colour will accurately reflect the colour of the actual Product.

6 Delivery

6.1 The Seller will provide a delivery guarantee as soon as an order is placed. The delivery time of "Special Offer" and Bespoke kitchens is approximately 6 weeks. The Buyer must be at the address given on the Order Form to accept and check the delivery. The Seller will notify the Buyer of the delivery date between 1 and 2 weeks prior to delivery. If for any reason the Buyer is not at the address given on the Order Form the Product will be returned to Germany and the Buyer will have to pay an additional delivery fee to have it re-delivered. If the Buyer decides not to take delivery of the Product any money transfer fees incurred by the Seller will be passed to the Buyer.

6.2 Any dates specified by the Seller for delivery of the Products are intended to be an estimate, and time of delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time.

7 Installation

7.1 If the Buyer purchases a "Special Offer" kitchen then it is done so on the understanding that it is the Buyer's responsibility to install and fit the Products. The Seller can arrange for installation, but that price will be negotiated separately. If the Buyer is arranging the fitting themselves the Seller strongly advises the Buyer to hire a professional for fitting the Products and connecting all electrical and gas appliances. The dimensions quoted by the Seller on the "Special Offer" kitchens are exact and it is the responsibility of the Buyer to check the area and size it is to fit into prior to placing an order. The Seller cannot accept any responsibility for problems with fitting and incorrect measurements.

8 Risk/Title

8.1 The Products are at the risk of the Buyer from the time of delivery.

8.2 Ownership of the Products shall not pass to the Buyer until the Seller has received in full (in cash or cleared funds) all sums due to it in respect of the Products.

9 Liability

9.1 It is the responsibility of the Buyer to check the Products on delivery against the schedule supplied. Signing the delivery slip is proof that the Buyer has taken delivery and the condition of the Products are satisfactory. If there is a problem the Buyer should contact the Seller within 7 days of delivery. If the Products are installed or show signs of being partially installed, then the Seller will not accept the return of the Products. If the Products have to be returned then the cost will be the responsibility of the Buyer.

9.2 If the Buyer notifies a problem to the Seller under either Condition 9.1, the Seller's sole and exclusive obligation will be, at the Buyer's option:

• to make good any shortage or non-delivery; or
• to replace or repair any Products that are damaged or defective; or
• to refund to the Buyer the amount paid by the Buyer for the Products in whatever way the Seller chooses.

9.3 The Seller cannot be responsible for any damages at the Buyer's fault.

9.4 Save as precluded by law, the Seller will not be liable to the Buyer for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising under or in connection with the Contract and the Seller shall have no liability to pay any money to the Buyer by way of compensation other than to refund to the Buyer the amount paid by the Buyer for the Products under Condition 9.2 above.

9.5 Notwithstanding the foregoing, nothing in these Conditions is intended to limit any rights the Buyer might have as a consumer under applicable local law or other statutory rights that may not be excluded, nor in any way to exclude or limit the Seller's liability to the Buyer for any death or personal injury resulting from the Seller's negligence.

10 Notices

Unless otherwise expressly stated in these Conditions, all notices from the Buyer to the Seller must be in writing and sent to the Seller at 2nd Floor, 145-157, St John Street, London EC1V 4PY. All notices from the Seller to the Buyer will be sent to the Buyer's address specified in the Order Form.

11 Events Beyond the Seller's Control

The Seller shall have no liability to the Buyer for any failure to deliver the Products or any delay in doing so or for any damage or defect to the Products delivered that is caused by an event or circumstance beyond the Seller's reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

12 Invalidity

If any of these Conditions (or part of any of these Conditions) is unenforceable (including any provision in which the Seller excludes its liability to the Buyer) the enforceability of the remaining Conditions (or remaining part of any Condition) will not be affected.

13 Third Party Rights

Notwithstanding any other provision of the Contract, nothing in the Contract confers or purports to confer any right to enforce any of its terms on any person who is not a party to it.

14 Jurisdiction and Law

The Contract shall be governed by and interpreted in accordance with the law of England and Wales. Any disputes arising out of these terms and conditions will be dealt with exclusively by the Courts of England and Wales.

15 Entire Agreement

15.1 The Contract sets out the entire agreement between the Seller and the Buyer. Nothing said by any sales person on behalf of the Seller should be understood as a variation of the Contract or as an authorised representation about the nature or quality of the Products. Save for fraud or fraudulent misrepresentation, the Seller shall have no liability for any such representation being untrue or misleading.

15.2 No variation of or amendment to the Contract shall bind either party unless made in writing and signed by the authorised representatives of both parties.