TERMS AND CONDITIONS OF SUPPLY
1. Information about us
1.1 We are British Standard Cupboards, ("Our" or "Us" or "We") a trading division of Plain English Design Limited, a company registered in England and Wales under company number 03073346 and whose registered office is located at 43-45 Dorset Street, London, W1U 7NA. Our main trading address is Stowupland Hall, Stowupland, Suffolk, IP14 4BE. Our VAT number is 637 7232 27.
1.2 www.britishstandardcupboards.co.uk is a website operated by Us ("Our Website")
2.2 You should print a copy of these Terms and Conditions for future reference.
2.3 Please click on the button marked "I Accept" at the end of these Terms and Conditions if you accept them. Please understand that if you refuse to accept these Terms and Conditions, you will not be able to order any Products from Our Website.
3. Definitions and interpretation
3.1 In these Terms and Conditions, the following words will have the following meanings:-
"Cancellation Notice" has the meaning given in clause 7.2 below;
"Collection Date" means the date as determined in accordance with clause 8.1 on which the Products are collected by you or on your behalf from Our Premises;
"Collection Week" means the week specified in the Order Confirmation, falling 16 - 18 weeks from the date of the Order Confirmation;
"Contract" has the meaning given in clause 6.1 below;
"Force Majeure Event" has the meaning given in clause 17.1 below;
"Order Confirmation" has the meaning given in clause 6.1 below;
"Our Policies" has the meaning given in clause 2.1 above;
"Our Premises" means Stowupland Hall, Stowupland, Suffolk, IP14 4BE;
"Our Website" means www.britishstandardkitchens.co.uk;
"Products" has the meaning given in clause 2.1 above;
"Terms and Conditions" means these website terms and conditions of supply as amended from time to time in accordance with clause 28;
"Working Day" means a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
4. Service availability
Our Website is only intended for use by people resident in the United Kingdom, Southern Ireland and the Channel Islands. We do not currently accept orders from addresses outside of these areas.
5. Your status
5.1 By placing an order through Our Website, you warrant that:
5.1.1 you are legally capable of entering into binding contracts; and
5.1.2 you are at least 18 years old; and
5.1.3 you are resident in either the United Kingdom, Southern Ireland or the Channel Islands; and
5.1.4 you are accessing Our Website from the United Kingdom, Southern Ireland or the Channel Islands.
6. How the contract is formed between you and us
6.1 After placing an order, you will receive an e-mail from Us acknowledging that We have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to Us to buy a Product. All orders are subject to acceptance by Us, in Our sole discretion, and We will confirm such acceptance to you by sending you an e-mail and a letter in the post confirming that the Product(s) ordered by you have been accepted by Us (together the "Order Confirmation"). In the event that you receive only an e-mail or a letter this will still for the purposes of these Terms and Conditions constitute a valid Order Confirmation. The contract between us will only be formed when We send you the Order Confirmation (the "Contract"). We reserve the right to refuse to accept any submitted order.
6.2 The Contract will relate only to those Products We have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the order of such Products has been confirmed in a separate Order Confirmation.
6.3 Whilst every effort is made to ensure a clear description of the Products We sell on Our Website is provided, there may be slight variations in size, shape and colour shown. Illustrations and descriptions supplied on Our Website are for guidance only. We reserve the right from time to time to vary the nature of the Products advertised without notice to you provided these variations do not materially alter the Products sold.
6.4 Our Website contains a number of Products and it is always possible that, despite Our best efforts, some of the Products listed on Our Website may be incorrectly priced or showing as "In Stock" when they are no longer available. In the case of the latter instance, a member of Our sales team will contact you regarding this.
7. Consumer rights and Cancelling an order
7.1 If you are contracting as a consumer, you may cancel a Contract at any time within 7 Working Days of the Collection Date. In this case, you will receive a full refund of the price paid for the Products in accordance with Our refunds policy set out in clause 11 below.
7.2 In order to cancel a Contract in accordance with clause 7.1 above, either e-mail Us at firstname.lastname@example.org or write to British Standard Kitchens at 41 Hoxton Square, London, N1 6PB quoting your order number and reason for your cancellation (the "Cancellation Notice"). The Products subject to the Cancellation Notice must be returned to Us and will only be accepted for an exchange or refund provided they have (i) not been used; and (ii) are returned in the same condition in which the Products were collected in, including being in their original packaging. Please return the Products to Us as soon as reasonably practicable, ideally within 10 Working Days of the Collection Date but in any event within 30 Working Days of the date We confirm receipt of your cancellation request. The return of any Products will be at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, We may have a right of action against you for compensation.
7.3 Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Order Confirmation. This provision does not affect your other statutory rights as a consumer.
7.4 If you wish to cancel an order prior to the Collection Date you must notify Us in writing as soon as possible either by e-mail at email@example.com or by post to British Standard Kitchens at 41 Hoxton Square, London, N1 6PB quoting your order number and reason for cancellation. If the Products have not already been collected by you then We should be able to cancel your order. If you wish to cancel an order on or after the Collection Date, this must be carried out in accordance with the terms of clause 7.1 and Our refunds policy as set out in clause 11 below
8. Availability and collection
8.1 The Products you have ordered will be available for collection during the Collection Week. It will be your responsibility to contact Us prior to the Collection Week to agree the specific day during the Collection Week on which you wish to collect your ordered Products. This agreed day will be for the purposes of the Contract and these Terms and Conditions, the "Collection Date". If you fail to contact us and no Collection Date is agreed between us, then for the purposes of the Contract and these Terms and Conditions, the Collection Date will be deemed to be the last Working Day of the Collection Week.
8.2 Your order will be fulfilled by the Collection Date. You hereby agree that the Collection Date will be a date falling after 30 days from the date of the Order Confirmation
8.3 Collection of all ordered Products shall be from Our Premises.
8.4 When making collection of any ordered Products from Our Premises, We require you to provide us with your Order Confirmation notice and ID either in the form of a valid photo driving licence or a valid passport before We will release those Products to you. If your Products are being collected by a courier / delivery driver, We will require the courier / delivery driver to confirm to Us your order number and the address to which the Products are to be delivered to you. We will not release the Products to them unless this accords with your order number and the address provided by you on your original order form or such other address as notified to Us prior to the Collection Date.
8.5 Failure to accord with the terms of clause 8.3 above may result in additional storage charges becoming payable by you.
8.6 In the event that you fail to collect your ordered Products on the Collection Date, We reserve the right to charge you a storage charge for each day after the Collection Date which We are holding your purchased Products unless otherwise waived by Us. This will be charged at a rate of £10 per day as varied from time to time. We will confirm the rate to you on the Order Confirmation and/or on thefirst Working Day following the Collection Date. Storage charges shall be charged weekly in arrears to the card you used when making your original order payment. In the event that payment is unsuccessfully taken from this card, you will be contacted directly to provide payment by another credit or debit card or by such other means as agreed by Us.
9. Risk and title
9.1 The Products will be your responsibility from the Collection Date.
9.2 Ownership of the Products will only pass to you when We receive full payment of the purchase price of the Products set out in the Order Confirmation.
10. Price and payment
10.1 The price of the Products will be as quoted on Our Website from time to time, except in cases of obvious error.
10.2 Product prices include VAT which shall be charged at the VAT rate in force at the date payment is taken by Us.
10.3 Product prices are liable to change at any time, but changes will not affect orders in respect of which We have already sent you an Order Confirmation.
10.4 Our Website contains a number of Products and it is always possible that, despite Our best efforts, some of the Products listed on Our Website may be incorrectly priced. We will normally verify prices as part of Our Order Confirmation procedure so that, where a Product's correct price is less than the stated price on Our Website, We will charge the lower amount when taking payment from you. If a Product’s correct price is higher than the price stated on Our Website, We will normally, at Our discretion, either contact you for instructions before issuing the Order Confirmation and taking payment, or reject your order and notify you that We are rejecting it.
10.5 If the pricing error is obvious and unmistakeable and could have been reasonably recognised by you as an error, We do not have to provide the Products to you at the incorrect (lower) price.
10.6 Payment for all Products and any storage charges (unless otherwise agreed) must be by credit or debit card. We accept payment with Mastercard, Visa, Solo, Electron and Visa Debit. We will not charge your credit or debit card for Product orders until We have issued an Order Confirmation notice to you. Payments for any storage charges arising will be made in accordance with clause 8.5 above. We will only accept orders for items which are currently showing as "In-Stock" on Our Website when you place your order. In the event that a Product is listed as being "In-Stock" at the time you place your order but is subsequently found by Us to either be out of stock or is found to be of unsatisfactory quality prior to the Collection Date, We will notify you immediately by email and/or post and if for any reason We are unable to fulfil your order by the Collection Date, We will refund the price paid by you at that time in accordance with the terms of Our refund policy set out in clause 11 below.
10.7 Notwithstanding any other rights We may have (which are specifically reserved), in the event that We are unable to take full payment of any Products ordered by you from your specified account on or after the date We issue the Order Confirmation to you, We reserve the right to cancel the Contract forthwith and/or suspend any further collections of Products by you or on your behalf.
10.8 We will use all reasonable care to ensure that all information provided by you to Us in connection with your order is kept secure. In the event that you may suffer any loss through a third parties unauthorised access to any data you provide Us when accessing and ordering from Our Website, We cannot be held liable for that loss unless it is solely due to Our negligence.
11. Our refunds policy
11.1 If you return a Product to Us:
11.1.1 because you have cancelled the Contract between Us within the 7-day cooling-off period in accordance with clause 7.1 above, We will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave Us notice of cancellation. In this case, We will refund the price of the Product in full however, you will be responsible for the cost of returning the item(s) to Us.
11.1.2 for any other reason (for instance, because you have notified Us in accordance with clause 28 that you do not agree to a change in these Terms and Conditions or in any of Our policies, or because you consider that the Product is defective), We will examine the returned Product(s) and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day We confirmed to you via e-mail or post that you were entitled to a refund. We will refund the price of a defective Product in full and any reasonable costs you incur in returning the item to Us.
11.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
We warrant to you that on the Collection Date any Product purchased from Us through Our Website will conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
13. Our liability
13.1 Subject to clause 13.3, if We fail to comply with these Terms and Conditions, We shall only be liable to you for the purchase price of the Products and, subject to clause 13.2, any losses that you suffer as a result of Our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
13.2 Subject to clause 13.3, We will not be liable for losses that result from Our failure to comply with these Terms and Conditions that fall into the following categories even if such losses result from Our deliberate breach:
13.2.1 loss of income or revenue;
13.2.2 loss of business;
13.2.3 loss of profits;
13.2.4 loss of anticipated savings;
13.2.5 loss of data; or
13.2.6 waste of management or office time.
However, this clause 13.2 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories 13.2.1 to 13.2.6 inclusive of this clause 13.2.
13.3 Nothing in this Agreement excludes or limits Our liability for:
13.3.1 death or personal injury caused by Our negligence; or
13.3.2 fraud or fraudulent misrepresentation; or
13.3.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
13.3.4 defective products under the Consumer Protection Act 1987; or
13.3.5 any deliberate breaches of these Terms and Conditions that would entitle you to terminate the Contract; or
13.3.6 any other matter for which it would be illegal for Us to exclude or attempt to exclude Our liability.
14. Written communications
Applicable laws require that some of the information or communications We send to you should be in writing. When using Our Website, you accept that communication with Us will be mainly electronic but may also be by post. We will contact you by e-mail or provide you with information by posting notices on Our Website. For contractual purposes, you agree to electronic means of communication and you acknowledge that all contracts, notices, information and other communications that We provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to Us must be sent to British Standard at 41 Hoxton Square, London, N1 6PB or by email to firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to Us when placing an order, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when posted on Our Website, 24 hours after an e-mail is sent, or 3 days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16. Transfer of rights and obligations
16.1 The contract between you and Us is binding on you and Us and on Our respective successors and assignees.
16.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without Our prior written consent.
16.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of Our rights or obligations arising under it, at any time during the term of the Contract.
17. Events outside our control
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under a Contract that is caused by events outside Our reasonable control ("Force Majeure Event").
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes in particular (without limitation) the following:
17.2.1 strikes, lock-outs or other industrial action;
17.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
17.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
17.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
17.2.5 impossibility of the use of public or private telecommunications networks;
17.2.6 the acts, decrees, legislation, regulations or restrictions of any government; and
17.2.7 pandemic or epidemic.
17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use Our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which Our obligations under the Contract may be performed despite the Force Majeure Event.
18. Privacy and security
18.2 When placing your order, you will be asked if you want to receive any ‘special offers and news updates’ from Us. If you don't want to, just tick the 'unsubscribe' box when registering for an online account with Us. You are able to opt out at any time by following the "opt out" procedure detailed at the bottom of each email sent to you.
19.1 If We fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if We fail to exercise any of the rights or remedies to which We are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
19.2 A waiver by Us of any default will not constitute a waiver of any subsequent default.
19.3 No waiver by Us of any of these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
If any court or competent authority decides that any of the provisions of these Terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
21. Entire agreement
21.1 These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between Us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between Us relating to the subject matter of any Contract.
21.2 We each acknowledge that, in entering into a Contract, neither of Us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions or the documents referred to in them.
21.3 Each of us agrees that Our only liability in respect of those representations and warranties that are set out in this Agreement (whether made innocently or negligently) will be for breach of contract.
21.4 Nothing in this clause 21 limits or excludes any liability for fraud.
22. Law and jurisdiction
Contracts for the purchase of Products through Our Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
23. Third party rights
A person who is not party to these Terms and Conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
24. Fraud prevention
25.1 We endeavour to ensure that the information on Our Website is correct. We do not however warrant the accuracy and completeness of the material on Our Website. We may make changes to the material on Our Website or to the Products and prices described on it at any time without notice. The material on Our Website may at any time be out of date, and We make no commitment to update such material.
25.2 The material on Our Website is provided on an "as is" basis, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, We provide you with Our Website on the basis that We exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to Our Website.
26. Intellectual property
26.1.1 modify any documents or related graphics on Our Website in any way;
26.1.2 modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
26.2 Our status (and that of any identified contributors) as the authors of material on Our Website must always be acknowledged.
26.3 Unless otherwise stated, the copyright and other intellectual property rights in all material on Our Website (including without limitation photographs and graphical images) are owned by Us or Our licensors. Any use of extracts from Our Website other than in accordance with clause 26.1 above for any purpose is prohibited. If you breach any of the terms of this clause 26, your permission to use Our Website automatically terminates and you must immediately destroy any downloaded or printed extracts from Our Website.
26.4 Subject to clause 26.1 above, no part of Our Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Our prior written permission.
26.5 Any rights not expressly granted in these terms are reserved.
26.6 We are the owner or the licensee of all intellectual property rights in Our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
26.7 You must not use any part of the materials on Our Website for commercial purposes without obtaining a licence to do so from Us or Our licensors.
26.8 If you print off, copy or download any part of Our Website in breach of these terms and Our Policies, your right to use Our Website will cease immediately and you must, at Our option, return or destroy any copies of the materials you have made.
27. Condition of purchase / resale
27.1 In the event that you resell any Products, you agree that:-
27.1.1 the Products will only be resold under the brand name "British Standard Kitchens"; and
27.1.2 the Products will not be resold using the brand names "Plain English", "Plain English Designs", "Plain English Kitchens" or "Plain English Designs Limited" or any other variation thereof.
28. Our right to vary these terms and conditions
28.1 We have the right to revise and amend these Terms and Conditions from time to time to, including but not limited to, reflect changes in market conditions affecting Our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Our system's capabilities.
28.2 You will be subject to Our Policies and these Terms and Conditions in force at the time that you order Products from Us, unless any change to Our Policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if We notify you of the change to Our Policies or these Terms and Conditions before We send you the Order Confirmation (in which case We have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify Us to the contrary within 7 Working Days of collection by you of the Products).