DOMESTIC DESIGN, FITTING AND SUPPLY SERVICES TERMS AND CONDITIONS

BACKGROUND:

These Terms and Conditions are the standard terms which apply to the provision by Sustainable Kitchens Limited T/A Sheffield Sustainable Kitchens (the “Supplier”) of domestic design or fitting or supply services to customers who require any such services to be provided at their home.

These Terms and Conditions apply where the customer is a “Consumer” as defined below.

  1. Definitions and Interpretation
“Agreement” means the formal agreement between You and Us in the form attached as Schedule 4 which will incorporate and be subject to these Terms and Conditions;
Agreed Times means the times which You and We agree for Us to have access to the Property to carry out and complete the Services;
“Business” means any business, trade, craft, or profession carried on by You or any other person/organisation;
“Consumer” means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual customer of the Supplier who receives any Services for their personal use and for purposes wholly or mainly outside the purposes of any Business;
“Design Services” means the details of domestic design services to be provided as set out in an attachment to the Agreement;
“Design Terms and Conditions” means the terms set out in Schedule 1 that will apply in addition to those set out in Clauses 1- 22 where We are to provide Design Services;
“Fitting Services” means the details of kitchen, bathroom, and other fitting services to be provided as set out in an attachment to the Agreement;
“Fitting Terms and Conditions” means the terms set out in Schedule 2 that will apply in addition to those set out in Clauses 1- 22 where We are to provide Fitting Services;
“Inseparably Mixed Goods” means Products that have become mixed inseparably (according to their nature) with other Products or other items after delivery;
“Lead” means an enquiry from a Consumer for the provision of domestic design or fitting or supply services in their home.
“Model Cancellation Form” means the model cancellation form attached as Schedule 5;
“Our Premises” means Our “business premises” as that expression is defined in the Regulations;
“Personalised Goods” means Products that are made to Your specifications or are clearly personalised and / or bespoke;
Price means the total sum (as shown on invoices issued in accordance with Clause 6 of these Terms and Conditions) that You must pay for the Services under the Agreement;
“Price for the Products” means, the price We charge You for the Products that We use when We provide any Supply Services, being part or all of the Price payable for Supply Services;
“Products” means the products, materials, labour, and other items We supply which are required for Supply Services as such items are specified in the Agreement;
“Project” means the project (if any) within which We will be providing the Services to You, and the project may include supply or products, materials, work, or services (including design) additional to any Services We are to provide;
“Property” means Your home (as detailed in the Lead and the Agreement) in which the Project is to be carried out
“Quotation” means the quotation We give to You in accordance with Clause 4 detailing the services We will provide to You and the Price We will charge You for, in each case, Design Services, Fitting Services or Supply Services;
“Quoted Price” means the Price set out in the Quotation for Design Services, Fitting Services or Supply Services, including estimates for third party services provided by Third Party Contractors;
“Regulations” means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
“Services” means the Design Services and/or Fitting Services and/or Supply Services that We are to provide as specified in a copy of an accepted Quotation attached to the Agreement;
“Start Date” means the date You and We agree on for Us to start providing the Services ces as specified in the Agreement;
“Supply Services” means the details of Product and other supply services to

be provided as set out in an attachment to the Agreement;

“Supply Terms

and Conditions”

means the terms set out in Schedule 3 that will apply in addition to those set out in Clauses 1-22 where We are to provide Supply Services;
“Third Party Contractor” means any other contractor or consultant working on the Project;
“Visit” means any occasion, scheduled or otherwise, on which We visit

the Property to provide any of the Services;

“We/Us/Our” means the Supplier and includes all employees, agents and

sub-contractors of the Supplier;

“You/Your” means a Consumer who is a customer of the Supplier.

 

 

2. Information About Us

3. Communication and Contact Details

 

4. Lead, Quotation and Acceptance of Quotation

a legally binding contract between You and Us will be created for You to pay the Quoted Price and for Us to carry out the particular Services (as the case may be either Design Services or Fitting Services or Supply Services) which are the subject of the Quotation.

We will then attach the signed duplicate to the Agreement and complete any blanks (including the Quoted Price) in the Agreement in accordance with the Quotation.

5. Deposit

 

6. Payment of Price and VAT

 

7. The Services

8. Problems with the Services, Guarantee, and Your Consumer Rights

9. Your Consents and Obligations

Except where We only provide Design Services:

10. Third Party Contractors

11. Complaints and Feedback

12. Changing the Start Date

We reserve the right to charge a reasonable administration fee in the event You request a revised Start Date less than four weeks in advance of the original agreed Start Date.

In the event that the Agreement is terminated by You and costs have already been incurred for materials and / or labour, we reserve the right to charge you for such materials and / or labour if they cannot be used elsewhere.

13. Cancellation of Contract During the Cooling Off Period

This right will not apply to Personalised Goods or Inseparably Mixed Goods.

14. Cancellation Before the Start Date

15. Termination

16. Effects of Termination

If the Agreement is terminated for any reason:

17. Events Outside of Our Control (Force Majeure)

18. Liability and Consumer Rights

as that legislation is amended from time to time.

For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.

19. How We Use Your Personal Information (Data Protection)

19.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and Your rights under the GDPR.

19.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from [email protected].

20. Other Important Terms

21. Regulations and Information

will be part of the terms of our contract with You as a Consumer.

22. Law and Jurisdiction

 

SCHEDULE 1

DESIGN SERVICES – ADDITIONAL TERMS AND CONDITIONS

The following additional Terms and Conditions apply where We provide You with any Design Services (see Clause 7)

Initial Consultation

Once We have received a Lead from You, We will talk to You about Your requirements at an initial consultation. (If You wish to factor any critical aspect into the design of the Project, You should identify this to Us at that consultation. If you have a preference for the position and/or style of your sink and/or cooker and/or hob and/or fridge or any other items, You should also identify this to Us at the same time.) If You describe Your Project space and/or give Us any rough measurements at that consultation, We will give You a general assessment of that space at the consultation.

Surveys and Measurements and Information

In the event that You have provided Us with measurements of Your kitchen / bathroom, We will base our Quotation upon such measurements with the understanding that when we carry out a site visit and take our own measurements, we reserve the right to amend the Quotation accordingly. We will carry out a site survey and take measurements of Your kitchen / bathroom for the sake of accuracy of our Services and the Quotation, but We will not carry out any structural survey or offer or provide opinions or advice structural or other building related matters unless required by You. We may then give You a report of the survey and measurements. We will be responsible for the accuracy and completeness of that report except as follows. Where building or other works by Your builders / contractors are yet to be started or completed but You nevertheless require Us to carry out Our survey, take measurements, and provide a survey report before completion of those works, You agree that the following shall apply:

Design

Once We have discussed Your requirements with you and have accurate measurements of the Project, We will then develop it through further discussions with You and receipt of any further information or requirements from You. We may, as part of that process, provide You with further suggestions, information and/or materials.

Only when We have confirmed in writing to You that a particular version of the design that we have issued to You is final and You have also signed it to indicate Your approval of it, will it become the Final Design which can be implemented.

All versions of designs, illustrations, descriptions or other items contained in either any sales literature or other material or on our website are only intended to be for general illustrative purposes and We do not represent, warrant or undertake that the Final Design will include or match anything in any such items.

When You to sign off a design as the Final Design, it will supersede and replace all previous versions and all information, materials and requirements which You or We have previously communicated to each other.  We retain all intellectual property rights in any design, illustrations or other items provided to You.

Once You have signed-off a final design as the Final Design, We will not be responsible if the Final Design does not fully and correctly reflect Your requirements. Therefore, if You are unsure of any aspect of the design, measurements or any technical or other aspect of the design contained in the final design, You should raise any query with Us to enable Us to have an opportunity to clarify any Matter and/or amend that final design if it is necessary to do so. When You sign the final design, that will be Your approval of it and Your confirmation that it meets Your requirements. The Final Design as approved by You will form the basis of any Fitting and/or Supply Services that We provide to You. When You sign the Final Design that will be completion by Us of the Design Services.

Ownership of Rights

Any intellectual property rights in any and all parts of any draft or Final Design or any other items or information which We give to You in hard copy or electronic form at any time shall at all times remain Our exclusive property. You or someone on Your behalf may use any such items or information for the sole purpose of implementing Our design for Your kitchen / bathroom but You may not copy, reproduce, or communicate to any third party any such item or information or use it for any other purpose without Our prior written consent.

 

SCHEDULE 2

FITTING SERVICES – ADDITIONAL TERMS AND CONDITIONS

The following additional Terms and Conditions apply where We provide You with any Fitting Services (see Clause 7)

General

If You order Fitting Services and We produce and You approve a Final Design by signing a copy of it, We will then carry out the Fitting Services provided that you comply with your obligations under the Terms and Conditions.

If You (or a third party on Your behalf) produces a design for Your Project, We will only provide Fitting Services for You based on it if We specifically agree in writing to do so. If You ask Us to implement any such design, You will need to provide Us with a detailed plan of it with Your Lead and We will then confirm in Our discretion whether We are prepared to implement it. (We may decide that We are not able to do so or that Your plan lacks the necessary detail or is unsuitable.) If and when We are prepared to implement it, We will issue a Quotation for Fitting Services based on Your detailed plan and will treat it for the purposes of the Agreement as a Final Design (i.e., a design approved by You).

We undertake that We will fit the Products which We supply to You, if any, together with items (whether appliances or other items) supplied by You, if any, which We have agreed are to be covered by the Fitting Services.

We undertake that Our Fitting Services will fully and correctly implement the approved Final Design.

All Products that We use in the Fitting Services will match the Final Design, but We do not represent, warrant or undertake that any such Products will match anything in any designs, illustrations, descriptions or other items contained in either any of Our sales literature or in other material or on our website. All of those designs illustrations, descriptions and other items are only intended to be for general illustrative purposes.

Scope of Our Fitting Services

Our Fitting Services may include, but are not limited to, the following (Our Quotation will include precise details):

Delay

We may reasonably refuse to start work, or We may suspend work where You do not comply with your obligations under the Terms and Conditions. You will be responsible for any delays, including any delays caused by Third Party Contractors (and the cost of any such delays) which arise as a result.

If it appears that any wall is incapable of holding any Product/s or other items that We are to fit, or any utility supply or connection is unsafe, faulty, flawed, or inadequate or of poor quality, We may suspend work until You have had the necessary remedial works carried out or We are able to provide a Quotation to carry out the work, if necessary.

Care of Property and Damage etc.

Contents at the Property other than in the area where the Project is being carried out

We will take all reasonable steps to protect Your furniture, furnishings and wall and floor coverings in the Property (and that will include Our placing covers over them if and as reasonably practicable) but We cannot take responsibility for any damage which is caused to those items if We have taken such steps. We will not take responsibility for any damage occurring to any items that You leave in place after We begin work where We have previously advised You that they are at risk and/or an obstacle to our work and We have reasonably asked You to move them.

Contents in the area where the Project is being carried out

We will not take responsibility for any damage occurring to any property that You leave in the area where the Project is being carried out after We begin work in it.

Damage to the area where the Project is being carried out

We will not be responsible for any damage that We cause to plastering, tiling, decoration, floor, ceiling, door, or window in the area where the Project is being carried out resulting from Our removal of existing fitted cabinets, appliances, lighting, fixtures, fittings, or decorations in the area where the Project is being carried out except where it is due to Our negligence. Unless We have included under “Scope” above any work comprising plastering, painting, papering, tiling, decoration, or ceiling, flooring, window or door removal or installation or other work, We will not be responsible to carry out any such installation or work in the area where the Project is being carried out.

Cleaning and Redecorating

Unless it has been agreed within our Quotation, You will be responsible for any cleaning and redecorating (but not removal of waste) which is necessary to the area where the Project is being carried out after We have completed the Fitting Services.

Making good: general

Except as set out above:

Structural or other defects

We do not accept any responsibility for any damage to the area where the Project is being carried out or any other part of the Property resulting from structural or other defects in the Property. Prior to Us starting work on the Project, You must inform us of any structural defects or anomalies at the Property which might affect or be affected by the Fitting Services.

Where We have agreed the Final Design with You and building control is required and We are carrying out building work We will, as part of Our Services ensure that the building work complies with current building and council regulations, and that You have obtained the necessary consents in relation to these regulations. You agree that any costs incurred in obtaining these consents will be payable by You.

Security

We will, where necessary, provide temporary boarding to protect the interior of the area where the Project is being carried out from the elements.  We will also advise You of any security risks associated with these temporary materials.

Waste

Unless otherwise agreed, We will properly manage and arrange the safe and lawful disposal of all waste generated or removed from the Property that results from Our provision of Fitting Services.

Your Additional Obligations and Responsibilities

You agree that, in addition to Your other obligations and responsibility under the Terms and Conditions, You:

 

SCHEDULE 3

SUPPLY SERVICES – ADDITIONAL TERMS AND CONDITIONS

The following additional Terms and Conditions apply where We provide You with any Supply Services (see Clause 7)

Risk in the Products

The responsibility (sometimes referred to as the “risk”) for damage to or loss of any Product remains with Us until it has been physically delivered to Your Property at which point the risk will pass to You (even if Product is fitted later).

Ownership and retention of ownership (“Title”) of Products

Until We have received payment in full in cleared funds for any Product that We contract to supply to You, the legal and beneficial Title in that Product shall remain in Us (even if risk in that Product has passed to You). Upon payment for that Product, You will own it.

Our right to repossess Products not paid for by You

If We do not receive payment in cash or cleared funds of any properly issued invoice for any Product within the time which the Agreement permits You to pay it, We shall be entitled to repossess that Product without notice. If necessary, You must allow us to detach or remove that Product from any other Product/s or item/s in or forming part of the Project. You hereby irrevocably authorise Us to enter Your Property for the purpose of exercising Our rights under this clause. This does not affect any other rights You may have.