Designer Factory Kitchens Customer Terms and Conditions

1.  Introduction

This page, along with any associated documentation referred to on it, advises you of the terms and conditions under which we supply any of the products and/or services listed on our website(s).

Please read these terms and conditions carefully and ensure that you understand them before ordering any product or service from us.

In placing any order with us you will have accepted these terms and conditions, as it is not possible to proceed with any order from our website(s) without expressly stating your acceptance of them.

2. Definitions

2.1 The “Customer” means the person making the purchase from Designer Factory Kitchens.
2.2 The “Seller” means Karmik Ltd trading as Designer Factory Kitchens.
2.3 The “End Consumer” means the person who is ultimately the final customer for the items purchased.
2.4 A “Trader” means a “Customer” who is not the “End Consumer”, and who is purchasing items that are to be sold on to a third party.

3. Interpretation

These Terms and Conditions govern:

3.1 any orders placed with the Seller by the Customer,
3.2 the subsequent fulfillment of that order,
3.3 any warranty given on the products, and
3.4 the Customer’s rights and obligations.

4. Legal Entity

4.1 We are Karmik Ltd, a company registered in England and Wales under company number 8402548.
4.2 Our registered office is Fairfax House, Hodgson Lane, Drighlington,

Bradford, West Yorkshire BD11 1JS

4.3 Our trading name is Designer Factory Kitchens.
4.4 Our website address is www.dfk.co.uk.
4.5 Our e-mail address is admin@dfk.co.uk
4.6 Our phone number is 0800 435 319
4.7 Our usual business hours are:
  4.7.1 9am to 5pm Monday to Friday, and,
  4.7.2 10am to 4pm Saturday

5. Customer’s Legal Status

By placing an order with the Seller, the Customer warrants that:

5.1 They are legally capable of entering into a binding contract, and;
5.2 they are at least 18 years old, and;
5.3 they are a resident of the United Kingdom.

Furthermore, the Customer also warrants that:

5.4 They have read and understood the relevant advice and guidance on the seller’s website, and;
5.5 they understand that certain limitations and exceptions exist within the information displayed on the website, and;
5.6 they are authorised to act on behalf of any individual, company or organisation under who’s name the order is placed with the Seller.

6. The Contract between the Customer and the Seller

When a Customer places an order with the Seller they will receive an e-mail acknowledging that their order has been received.

6.1 The acknowledgement e-mail does not mean that the order has been accepted by the Seller.
6.2 The order by the Customer constitutes an offer by the Customer to buy the products and/or services contained within the order from the Seller, subject to these terms and conditions.
6.3 The Seller will review the Customer’s order, check it for obvious omissions or mistakes, ensure that they are in receipt of cleared payment for the Customer’s order and will then:
  6.3.1 Send an e-mail to the customer stating that the order has been accepted, or;
  6.3.2 Communicate with the customer outlining any problems with the order and/or payment that need to be corrected prior to acceptance, or;
  6.3.3 Send an e-mail to the Customer stating that their order has not been accepted and detailing how any monies paid will be refunded to the Customer.
6.4 The Seller’s check is an additional courtesy for the Customer to avoid disappointment if the Customer has placed an order for an incomplete or incorrect combination of products for their kitchen, and;
  6.4.1 Although the Seller does check the order for obvious omissions or mistakes this does not in any way mean that any omissions or mistakes that remain in the order at the time of acceptance are the responsibility of the Seller. Furthermore;
  6.4.2 The content of an order, it’s correctness and suitability for the purpose for which the products are intended, are the responsibility of the Customer.
6.5 Once an order has been accepted then:
  6.5.1 A contract exists between the Customer and Seller for the Seller to supply the products and/or services described in the order, and for the customer to receive the products and/or services described in the order, subject to these terms and conditions.

7. Consumer Protection (Distance Selling) Regulations 2000

The Consumer Protection (Distance Selling) Regulations 2000 afford protection to the end consumer with regard to products that are purchased online. Where the Customer is also the End Consumer they may return products that have been supplied to them by the Seller up to 7 working days after the products have been delivered to them.

7.1 Exceptions to this are:
  7.1.1 The Consumer Protection (Distance Selling) Regulations 2000 do not apply to Business to Business transactions and hence products ordered by a Trader and/or Business are not eligible to be returned under these regulations.
  7.1.2 Units supplied by the Seller are bespoke and are exempt from being returned under the Consumer Protection (Distance Selling) Regulations 2000, as;
    7.1.2.1 The combination of carcase size and colour requirements, door and drawer front size, style, colour and finish all form the customer’s specification for a particular unit, to which all of these items are manufactured and;
    7.1.2.2 are considered to be part of that kitchen, bedroom, bathroom or home office unit regardless of whether they are physically attached to that unit at the time of delivery.
     
7.2 In the event that an eligible customer wishes to return an eligible product(s) for refund under the Consumer Protection (Distance Selling) Regulations 2000 then:
  7.2.1 The customer must inform us in writing or by e-mail via the address in section 4.5 which items they wish to return no later than 7 working days after the product(s) are delivered, and;
  7.2.2 The Customer must arrange for the goods to be returned, at their own expense, and;
  7.2.3 That delivery must reach the Seller not more than 7 working days after the Customer’s notification that they will be returning product(s), and;
  7.2.4 Those products must be in an undamaged, as new, unused condition, with their original packaging when they reach the Seller.
7.3 Once a product is returned, and in being returned by the Customer sections 7.2.1 to 7.2.4 have been met, then the Supplier will:
  7.3.1 Make a refund in respect of the price that the Customer paid for the product(s) returned within 30 days of receipt of the returned products. The seller will not however, make a refund of:
    7.3.1.1 Any delivery cost incurred when the original product was dispatched to the Customer, or;
    7.3.1.2 Any additional cost incurred by the customer as a result of chosen method of payment, or any fees levied by third parties for processing a payment or processing a refund.
7.4 The seller will not refund where the conditions described in sections 7.2.1, to 7.2.4 are not met.
7.5 The seller will not refund if a product has been completely manufactured to customer specifications.

7.6        To cancel a Contract, you must inform us in writing. You must also return any samples and Products to us as soon as reasonably practicable, and 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.

7.7          Details of your legal rights, and an explanation of how to exercise them, are available from your local Citizens’ Advice Bureau or trading standards office. This provision does not affect your other statutory rights as a consumer.

8. Payment Terms

The payment methods available for the Customer to the Seller are:

8.1 All payments for products will be made by either credit or debit card. We accept all major credit and debit cards with exception of American Express.
8.2 If the customer wishes to make payment other than described in section 8.1, instructions on how to pay any amount will be sent to the customer by e-mail.
  8.2.1 Passing automated or manual checks by the Seller or it’s payment providers or bank on the payment(s) being made in order to prevent fraudulent transactions.
8.3 The customer accepts that:
  8.3.1 The payment they are making is for goods and services they have requested from the seller, and that:
  8.3.2 They are fully aware of the goods and services that will be supplied.

9. Product Information

9.1 Variation in Styles, Finishes and Colours
   
  The Customer accepts that the nature of the products that the Seller supplies and the difficulty in depicting those products on a website mean that:
     
  9.1.1 Images shown on the website, due to the nature of photography, differences in computer monitors, their brightness and colour balance, the images of products shown on the website may not accurately represent the colour and finish of the final product.
     
  The Customer also accepts that although ordering samples of products, for example kitchen unit doors, gives a better idea of colour, finish and style:
     
  9.1.2 the nature of the product means that there may be variation, particularly in products featuring a wood grain or other natural finishes or simulated natural finishes, that mean that the product does not exactly match the sample provided.
     
9.2 Product Details
     
  9.2.1 Pricing
       
    9.2.1.1  Although we do our best to ensure the prices on our website are accurate we cannot be held responsible for typographical errors or   errors  arising from inaccurate costs given by our suppliers.
       
    9.2.1.2 In the event that we identify a price that is inaccurate we will inform you of the revised pricing prior to acceptance of your order and give you the choice of continuing with an amended order to reflect accurate pricing or cancelling your order.
       
     9.2.1.3 All prices shown on our website are excluding VAT.
       
     9.2.1.4 Prices shown do not include the delivery charge, this will be applied when you complete the relevant section.
     
  9.2.2 Product Description and Specification
     
    Although we make every effort to ensure that both the description and specification we are reliant on accurate information from our suppliers and hence cannot be held responsible for inaccurate descriptions or specifications.
     
  9.2.3 Energy Labels
     
    For certain categories of appliance we provide the EU Energy Label, as we are required to by law. These labels are provided by the appliance manufacturer and we accept no responsibility for any inaccuracy in Energy Labels.
     
  9.2.4 Product Guarantees and Warranties
     
    Except where otherwise stated, any mention of a warranty or guarantee refers to a warranty or guarantee that is provided by the manufacturer of that item and not the seller.
You may have to register the product purchase with the manufacturer in order for the product to receive the full warranty / guarantee period.

10. Claiming under a Guarantee or Warranty

Except where otherwise stated, all guarantees and warranties are provided by the manufacturer of that particular item or part.

 

10.1 All guarantee/warranty claims on products supplied by Designer Factory Kitchens from a third party are subject to the third parties own terms and conditions. Designer Factory Kitchens cannot be held responsible for these. It is up to the customer to make his/her contacts to the third party.
   
10.2 All guarantee / warranty claims made on furniture supplied by Designer Factory Kitchens is to be made by contacting us directly.
 
10.3 If you wish to return an item under it’s guarantee or warranty you will need to contact us first for instructions. We will need to satisfy ourselves that the item is defective and that it is covered by a guarantee or warranty prior to it being returned to us. We may require photographs of the item in situ, particularly when making a claim on a kitchen unit. Warranty claims are only valid where an item has been properly used, cleaned and maintained where appropriate.

11. Refunds

Where a refund or other payment has been agreed by Designer Factory Kitchens and is due to be made to the customer:

11.1 If a refund or partial refund is being made for a payment that was originally made via debit or credit card then we would usually refund any amount due to the card that was originally used to make the payment.
   
11.2 In all other instances a refund is usually made by cheque.
   
11.3 If the refund was due because items were properly returned under the Consumer Protection (Distance Selling) Regulations 2000, as per section 7, the a refund will be made within the timescale as described in section 7.
   
11.4 All other refunds, where due, are usually issued within 3 working days.

12. Delivery, Collection and Availability.

12.1 Prices are for One Man Delivery Only
   
  Our estimates for the cost of delivery are in accordance to the distance from our premises in Bradford, West Yorkshire to the area you entered. The distance is calculated by Google Maps and shown on the delivery section to perform our delivery cost calculations. Should the area clicked on given to be incorrect or for whatever reason the journey is further than estimated, we may levy an additional charge to cover the larger delivery cost we have incurred.
     
12.2 Delivery
   
  If a delivery has been arranged then you agree that an able bodied person will be available at the delivery address at the time of delivery in order to assist the driver in offloading the item(s) ordered sign to acknowledge receipt of the item(s) ordered. The driver (with the aforementioned person assisting them) is only responsible for delivering to the doorstep of the building to which the item(s) are being delivered. It is your responsibility to get the item(s) from the doorstep to their final location.
     
12.3 Estimated Delivery Dates
     
  We will use all reasonable endeavours to fulfill your order between or on the delivery dates we have informed you, if no delivery date is specified, then within a reasonable time of the date of us confirming acceptance of your order, unless there are exceptional circumstances and the delivery is affected by factors beyond our control.

All delivery times and dates quoted are an estimate. Sometimes it takes longer for all of the components for a kitchen to arrive and therefore there may occasionally be unforeseen delays which cause us to exceed our quoted delivery dates. You agree that we are not to be held responsible should any delivery date or time we have quoted be missed.

     
12.4 Title / Ownership of Delivered Goods
     
  Once delivery has been made, all outstanding payments have been paid and you or your the person receiving the delivery have signed to state that the delivery has been received then title to all of the goods within the delivery / consignment pass to you. They become your sole responsibility.
     
12.5 Goods Damaged In Transit / On Delivery
     
  Any damage to any items within a delivery must be notified to us at the soonest opportunity. We may request evidence of the damage insofar as is reasonable. Where goods are damaged in transit or delivery our liability is limited to the value of the individual items damage, provided suitable evidence is forthcoming. Where the damage was done during a one man delivery as described in 12.2 and the person assisting the delivery driver is responsible for the damage Designer Factory Kitchens shall not be deemed liable for any damage to item(s). In all instances Designer Factory Kitchens shall not be liable for damage to any person, property or possessions that are not part of the consignment being delivered.

13. Liability

Except where precluded by law, we will not be liable to you for any loss, damage or expense (including loss of profits, business or goodwill) howsoever arising out of any problem You notify to Us under these conditions and We shall have no liability to pay any money to You by way of compensation.

14. Law & Jurisdiction

The products and services described in this website are available only to UK residents (excluding Northern Ireland, The Channel Islands and Isle of Man). The information on this website is directed to these aforementioned UK residents only requests, orders or applications for good or services will not be accepted from persons or organizations residing outside of this area. These Terms and Conditions shall be governed the laws of England and Wales. Disputes arising in relation to the same shall be subject to the jurisdiction of the courts of England and Wales.

15. Severance

If any parts of these terms and conditions are found to be unenforceable, void, illegal or invalid they shall be severed from this agreement and all other terms and conditions shall remain in force both as to force and effect.

16. Waiver

16.1 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.
   
16.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
16.2 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 section 17 below.

17. Written Communication

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this 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.

18. Events Outside Our Control

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).

18.1 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation to) the following:
   
  18.1.1 strikes, lock-outs or other industrial action;
     
  18.1.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
     
  18.1.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
     
  18.1.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
     
  18.1.5 impossibility of the use of public or private telecommunications networks;
     
  18.1.6 the acts, decrees, legislation, regulations or restrictions of any government; and
     
  18.1.7 Pandemic or epidemic.
     
18.2 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.

19. Changes to these Terms and Conditions

We have the right to revise and amend these terms and conditions from time to time 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.

 

19.1 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those 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 those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions).