Terms & Conditions
SMILE KITCHENS LIMITED
TERMS AND CONDITIONS FOR THE SUPPLY OF DESIGN SERVICES AND PRODUCTS
- These terms and what they cover
- These are the terms and conditions (Terms) on which we supply our virtual kitchen design services (Design Services) and our kitchen products (Products) listed on our website www.smilekitchens.com (our Site) to you.
- Please read these Terms carefully and ensure you understand them before you submit your details to us to request the Design Services and Products. These Terms tell you who we are, how we will provide Design Services and 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.
- You must be 18 or over in order to engage with us for the supply of Design Services and Products.
- By engaging with us for the supply of Design Services and Products, you agree:
- that you are 18 years or over;
- to be bound by these Terms; and
- that these Terms form basis of the contract between you and us for the supply of Design Services and Products (Contract).
- The Contract will come into effect when you request the Design Services in accordance with Section 3.1.
- We draw your particular attention to our Privacy Notice, and the following sections of these Terms:
- Section 4 (Kitchen fitting is your responsibility);
- Section 6 (Changes to your order);
- Section 9 (Your responsibility for the Products);
- Section 10 (Your rights to change your mind and end the Contract);
- Section 11 (Refunds and returns);
- Section 12 (Our rights to end the Contract); and
- Section 15 (Our responsibility for loss or damage suffered by you).
- In these Terms:
- we, us or our means Smile Kitchens Limited, a company registered in England and Wales. Our company registration number is 12417876 and our registered office is at Stanmore House 64 – 68 Blackburn Street, Radcliffe, Manchester, England, M26 2JS;
- you or your means the person whose details are provided to us in order to receive the Design Services and/or whose details are set out in the order submitted to our Site.
- You should print a copy of these Terms for future reference.
- Our Site is solely for the promotion of our Products in England, Scotland and Wales. Unfortunately, we do not accept orders from addresses outside England, Scotland and Wales.
- How to contact us
- You can contact us by emailing us at email@example.com
- If we have to contact you, we will do so by telephone or by writing to you at the email address you provide to us.
- Design Services
- By contacting us or submitting your details via our Site and requesting Design Services, you will be asked to submit a floorplan with the room specification to us (Specification). You are responsible for the measurements and their accuracy within the Specification and you understand that the Design Services and Products will be based on the Specification you provide to us.
- As part of the Design Services we will go through our design process with you as many times as may be required in order to finalise the design. Please ensure that you or your kitchen fitter have checked the kitchen design in accordance with section 1 below before finalising the design with our design team. Once a design is finalised, we will email you a free PDF of the finalised kitchen design in line with the Specification. If you are happy with the design and quote and wish to place an order for Products, you can do so in accordance with section 5 below.
- The Design Services are offered free of charge and will be provided with reasonable care and skill.
- Kitchen fitting is your responsibility
- As we will not be visiting your property, we cannot guarantee that our designs will be appropriate for the actual space. It is your responsibility to check yourself (where you are fitting the kitchen) or with your kitchen fitter (where you are having it professionally installed) that the design is appropriate to be fitted in the space before placing your order and before any Product installation. We will amend the design as requested where you inform us that amendments to the design are required.
- We will provide you with the technical drawings which accompany your design to enable the kitchen fitting to take place. The technical drawings will be in accordance with the Specification and based on the layout shown in the pdf kitchen design provided.
- You are responsible for installing the Products in your property or engaging a kitchen fitter to install the Products in your property on your behalf. We will not be responsible for any damage caused to the Products or your property arising during the course of installation.
- We will not be responsible if you take the kitchen design we have produced in line with the Specification as part of the Design Services:
- to a third party for their review or amendment; or
- if you order products from any other third party on the basis of the design.
- Placing your order for Products
- Please check your order carefully and correct any errors before placing your order with us (your order). You can submit your order to us via our Site (where this functionality is available), or by email.
- When you place your order, we will acknowledge it by email. This acknowledgement does not however mean that your order has been accepted and that we are obliged to supply the Products in our design, it is a request for the supply of the Products.
- If we are unable to accept all or part of your order we will contact you to say that we are unable to accept your order in whole or part.
- Our acceptance of your order will take place when we email you to confirm:
- that we accept your order;
- the price listed in our quote is correct and still valid; and
- what Products we are supplying to you,
(our Order Confirmation), at which point the Contract will be for the supply of the Products set out in our Order Confirmation. If you think any information in our Order Confirmation is wrong, please contact us promptly to let us know.
- 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.
- Changes to your order
- Your rights to make changes to your order – If you wish to make a change to the Products set out in the Order Confirmation, 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 Products, 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. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the Contract (see section 10).
- Our rights to make changes – We may change the Design Services or Products from time to time:
- to reflect changes in relevant laws and regulatory requirements; and/or
- to implement minor technical adjustments and improvements. These changes will not affect your use of the Products or Design Services.
- Our Products
- Products may vary from the pictures on our Site – The images of the Products on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products.
- Delivery of the Products
- We will be responsible for the costs of delivery of the Products (which is included in the price of the Products).
- We will deliver the Products to you on the day agreed with you unless we inform you beforehand of a change.
- 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 or any costs you incur caused by the event outside of our control, but if there is a risk of substantial delay you may contact us to end the Contract.
- If no one is available at your address to take delivery of the Products, we will leave you a note informing you of how to rearrange delivery.
- If, after a failed delivery to you, and despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the Contract and section 12 of these Terms will apply.
- Your legal rights if we deliver Products late – If we miss the delivery deadline for any Products then you may treat the Contract as at an end straight away if any of the following circumstances apply:
- we have refused to deliver the Products;
- delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- you told us before we accepted your order that delivery within the delivery deadline was essential.
- Setting a new date for delivery – If you do not wish to treat the Contract as at an end straight away, or do not have the right to do so under section 6, you can give us a new deadline for delivery, which must be reasonable, and you can treat the Contract as at an end if we do not meet the new deadline.
- Ending the Contract for late delivery – If you do choose to treat the Contract as at an end for late delivery under section 6or section 8.7, you can cancel your order for any of the Products or reject Products that have been delivered (unless those Products have been installed). If the Products have been delivered to you and you decide to end the Contract, you must contact us and allow us to collect them from you. We will pay the costs collection and aim to collect cancelled or rejected Products within 7 days.
- Your responsibility for the Products – The Products will be your responsibility from the time we deliver them to the address you gave us. You must store the Products somewhere safe to avoid them being damaged until they are fitted.
- When you own the Products – You will own the Products once we have received payment in full for the Products.
- Price and payment
- Where to find the price for the Products – Unless you have made any changes to the Products in accordance with section 1, the price of the Products (which includes VAT) will be the price set out in the Order Confirmation. We take all reasonable care to ensure that the price of the Products advised to you is correct. However please see section 9.2 for what happens if we discover an error in the price of the Products you order.
- Incorrect pricing – 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 Products provided to you.
- We accept payment by way of:
- Via or paypal account.
- bank transfer to a nominated bank account, the details of which are set out in the Order Confirmation;
- via any other payment portal that may be available on our Site from time to time,
- We do not take any payment from you before the Products are delivered. You must pay for the Products via your chosen payment method on the day of delivery.
- We may charge interest if you are late in paying for Products – If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of the Bank of England 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.
- If you think our pricing 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 priced sums from the original due date.
- Your rights to change your mind and end the Contract
- Your rights to end the Contract will depend on whether there is anything wrong with the Products, how we are performing the Contract and when you decide to end the Contract.
- Your right to change your mind (Consumer Contracts Regulations 2013) – You have 14 days after the day you (or someone you nominate) receive the Products set out in our Order Confirmation to change your mind and cancel your order, unless the Products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery of the Products set out in our Order Confirmation to change your mind about the Products. If you install or damage any of the Products at any time within this 14 day period, you will lose this right to change your mind and cancel your order.
- You may end the Contract for the following reasons:
- if you do not wish to purchase the Products recommended following our completion of the Design Services;
- we have told you about an upcoming change to the Products or these Terms which you do not agree to;
- we have told you about an error in the price or description of the Products you have ordered and you do not wish to proceed;
- there is a risk that supply of the Products may be significantly delayed 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 30 days; or
- you have a legal right to end the Contract because of something we have done wrong.
- You may end the Contract for one of the reasons under section 10.3 by emailing us at firstname.lastname@example.org with your Order Confirmation and delivery address or by completing the Model Cancellation Form contained within Schedule 1 of these Terms, and emailing it to us.
- Ending the Contract where we are not at fault and there is no right to change your mind –Even if we are not at fault and you do not have a right to change your mind (see section 2), you can still end the Contract before it is completed, but you may have to pay us compensation. The Contract is completed when the Products to be supplied under the Contract are delivered and paid for. In these circumstances, if you want to end a Contract before it is completed, just contact us to let us know. The Contract will end immediately, and we will discuss and agree with you the amount of compensation you may have to pay us.
- If there is a problem with the Product – 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 Products. Nothing in these terms will affect your legal rights.
- If you have any questions or complaints about the Products, please contact us.
|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.
The Consumer Rights Act 2015 says goods (Products in the content of these Terms) must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Products your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also Your right to change your mind (Consumer Contracts Regulations 2013).
- Refunds and returns
- If you decide you want to return our Products in accordance with your legal rights and these Terms, if the Products have been delivered to you, you must contact us to arrange the collection of the Products and allow us to collect them from you. We will pay the costs of collection and return and aim to collect cancelled or rejected Products within 7 days.
- All Products should remain in their original, unopened packaging for return to us. We will not accept returned Products which have been damaged following delivery while in your possession nor Products (unless they are faulty) which you or your kitchen fitter have begun to install at your property.
- How we will refund you – Where you are returning Products after you have made payment to us, we will refund you the price you paid for the Products, by the method you used for payment. However, we may make deductions from the price, as described below.
- Refunds and deductions from refunds if you are exercising your right to change your mind – If you are exercising your right to change your mind we may reduce your refund of the price to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
- Our rights to end the Contract
- We may end the Contract for a Product at any time by contacting you if:
- you do not make any payment to us when it is due and you still do not make payment within 14 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 Design Services or Products; or
- you do not, within a reasonable time, allow us to deliver the Products to you.
- If we end the Contract in the situations set out in section 1 we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.
- We may suspend the Products
- We may have to suspend the supply of a Product:
- to deal with technical problems or make minor technical changes;
- to update the Product to reflect changes in relevant laws and regulatory requirements; or
- to make changes to the Product as requested by you or notified by us to you.
- We may withdraw the Products. We may contact you to let you know that we are going to stop providing the Products. We will let you know at least 7 days in advance of our stopping the supply of the Product.
- All Products come with a standard manufacturer’s warranty.
- Our responsibility for loss or damage suffered by you
- 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 the 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 discussed it with us 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;
- fraud or fraudulent misrepresentation;
- breach of your legal rights in relation to the Products including the right to receive Products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care;
- breach of your legal rights in relation to the Design Services including the right to receive Design Services which are: performed with reasonable skill and care and performed within a reasonable time; and
- defective Products under the Consumer Protection Act 1987.
- 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. Any such commercial, business or re-sale usage is strictly prohibited.
- How we may use your personal information
- Other parties who may perform the Contract
- You agree that we may instruct other persons, companies or firms to carry out our obligations under the Contract on our behalf, including where we instruct such persons, companies or firms to procure or arrange delivery of the Products to you. You may refer to their terms and conditions for further details and information as regards their services.
- Other important terms
- We may transfer our rights and obligations under these Terms to another organisation. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
- The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
- When we use the words writing or written in these terms, this includes emails and notices posted on our Site.
- Each of the sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.
- 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 the 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.
- Which laws apply to this contact and where you may bring legal proceedings
- We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with any of the Design Services or our Products, please contact us as soon as possible.
- If you and we cannot resolve a dispute using our internal complaint handling procedure, we will let you know we are unable to resolve the dispute, and let you know the details of an alternative dispute resolution provider we use.
- If you want to take proceedings to court, these Terms are governed by English law and you can bring legal proceedings in respect of the Products and/or Design Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products and/or Design Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products and/or Design Services in either the Northern Irish or the English courts.