TERMS & CONDITIONS OF SALE

Solidcraft Ltd t/a Kitchen Emporium
104-106 Ormskirk Road Newtown Wigan WN5 9EB

The following terms and conditions (“the conditions”) are the terms on which Kitchen Emporium sells products and supersedes all other terms and conditions relating to the subject matter of these conditions.

Solidcraft Ltd is authorised and regulated by the Financial Conduct Authority FRN 734201.We act as a credit broker and not a lender. We offer finance to our customers from a panel of lenders.

1. PRICE AND PAYMENT

1.1 The price for the goods (“the price”) shall be the contracted price of the seller and payment of the price shall be made by the buyer 5 days prior to delivery.
1.2 If the price is not paid by the due date interest shall accrue both before and after Judgment on the unpaid portion of the price at the rate of 5% above the base rate from time to time of NatWest Bank PLC
1.3 Deposits are from £500.00 up to maximum of 50% of the contracted value.

2. GOODS

The description and quantity of the goods to be sold (“the goods”) shall be as set out in the contract provided by the seller to the buyer (“the contract”) This is also held on computer system in the form of the plan and shall be provided upon delivery. All goods supplied by Kitchen Emporium are on a supply only basis. If for any reason beyond the companies reasonable control the company is unable to supply a particular item of furniture or a particular appliance the company will notify the customer. With the agreement of the customer the company will replace it with an item of same
standard and value.

3. DELIVERY

The seller shall deliver the goods to the buyer at the address of the buyer as shown on the contract. Time shall not be of the essence for delivery. Any re-deliveries i.e. for payment not being available shall be charged at £300.00 plus VAT for each and every re-delivery. All furniture and goods supplied by kitchen Emporium must be delivered within 6 months from date of order. If customer cannot take delivery within 6 months, then a storage fee will be charged in the sum of £8.75 per day plus VAT after the last day of the afore mentioned 6 months (182 days). This charge will accrue daily until the kitchen is delivered. This charge can be averted by paying a further 30% of the contract value to show good faith and this extends the holding period for another 60 days.

4. ACCEPTANCE

Signing a Kitchen Emporium contract or payment of a deposit confirms that the design done by a representative of Kitchen Emporium is final and legally binding and has been fully agreed by the purchaser and signed.

5. TITLE AND RISK

5.1 The goods shall be at the risk of the buyer following delivery and should be insured for loss or damage by the customer.
5.2 Notwithstanding delivery title in the goods shall not pass to the buyer until the seller has made payment of all sums owing to buyer.
5.3 No warranties whatsoever are offered unless all sums owed are paid in full.
5.4 Until such time as title of goods passes to the buyer the seller shall have the right to repossess or otherwise recover the goods and all costs incurred shall be met by the buyer.

6. LIMITATION OF LIABILITY

6.1 Save in respect of personal injury or death due to negligence of the seller the seller shall not be liable to the buyer in respect of any loss suffered by the buyer due to any defect in the goods.
6.2 Customer accepts that damage to decoration may occur by delivering the kitchen or furniture and no price has been allowed in to cover this eventuality.
6.3 Without prejudice to condition 6.1 the seller shall not be liable to the buyer or any third party for any loss of profit, consequential or other economic loss suffered by the buyer arising in any way from this agreement.
6.4 Save in respect of personal injury or death due to the negligence of the seller the liability of the seller under these conditions shall not exceed the price.

7. FORCE MAJEURE

The seller shall not be liable for any default due to any circumstance beyond the reasonable control of the seller including, but not limited to, Acts of god, war, civil unrest, riot, strike, lock-out, acts of civil or military authorities, fire, flood, earthquake or shortage of supply or failure to deliver of the suppliers of the supplier.

8. GENERAL

8.1 If any term or provision of these conditions is held invalid illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be served, and the remainder of the provisions hereof shall continue in full force and effect as if these conditions had been agreed with the invalid illegal or unenforceable provision elimited
8.2 The seller may without the consent of the buyer sublicence its rights or obligations or any part of these conditions.
8.3 The headings in these conditions are for ease of reference only and shall not affect the interpretation of any of the conditions.
8.4 By signing the contract or paying a deposit you are deemed to have accepted our Terms & Conditions.
8.5 The term subject to survey is standard within all Kitchen Emporium contracts and in no way detracts from the suitability of the goods. This term merely assists Kitchen Emporium in arriving at any extra costs that are incurred should any unforeseen items become apparent. These are then brought to the attention of the purchaser.

9. ENTIRE AGREEMENT

This agreement sets out the entire terms agreed between the parties hereto and supersedes all previous representations, warranties and terms (whether in writing or not) previously made between the parties. Any amendments, additions or alterations to this agreement should not be made except in writing and signed by a duly authorised representative of both parties.
Upon entering this agreement the only remedy shall be for breach of contract.

10. GOVERNING LAW AND JURISDICTION

This agreement shall be governed by the laws of England and Wales and the parties hereby submit to the non-exclusive jurisdiction of the courts of England and Wales.

11. GUARANTEES

Kitchen Emporium guarantees its own manufacture cabinets only for the period of 5 years. Kitchen Doors are warranted for a period of 3 years from installation date by both Kitchen Emporium and our suppliers. Fitting is warranted directly with the recommended fitters who you have paid directly to install your goods. Appliances carry standard manufactures guarantees and shall be deemed to be covered directly by the afore mentioned manufacturer for their assigned period. Worktops are guaranteed for 2 years. Guarantees offered by Kitchen Emporium are for fair wear & tear and no cover will be accepted due to misuse or neglect be it from water or heat damage or other perils out or our control. All guarantees are against manufacturing fault only. Any damage to worktop joints due to water ingress is not covered due to the fact that this is constituted as misuse and no water should ever be left over a joint whatsoever. All installations are on a domestic basis i.e. residential domestic homes and should not be treated as a commercial installation i.e. “Work related”.

12. RIGHTS OF CONSUMER

Nothing in these conditions shall affect the statutory rights of a consumer.

13. CANCELLATION

All Goods ordered on trade premises. (be it Kitchens, appliances, home studies, bedrooms and all goods kitchen emporium supply) on standard contract forms are legally binding and no cancellation rights are allowed if signed on trade premises. Any goods ordered off trade premises are covered by current British law and legislation. All deposits are non refundable. All cancellations should be in writing and sent recorded delivery for the benefit of certainty. Any goods ordered on credit are subject to standard cancellation rights as set down by consumer credit act. We reserve the right to pursue for breach of contract and loss of profits due to any of the above.

14. DEPOSIT PAYMENTS

By paying a deposit, you acknowledge and agree that you are entering into a legally binding contract with Kitchen Emporium. The deposit constitutes your acceptance of these Terms and Conditions and your commitment to fulfil the obligations outlined in this agreement. The deposit is non-refundable unless otherwise specified in writing by Kitchen Emporium.

15. Financial Conduct

Authorised and regulated by the financial conduct authority No. 734201

16. STANDARD PRODUCTS ONLY (NOT MADE TO MEASURE OR BESPOKE)

Customer cancellation rights OFF TRADE PREMISES ONLY.

You have the right to cancel this contract if you wish within 14 calendar days starting on the day this notice of right to cancel is issued. This does not apply for kitchen cabinets which are made bespoke and to order.

Cancellation should be communicated in writing by recorded delivery or email to the company address shown above. The following cancellation notice may be used to exercise this right.

To Solidcraft Ltd t/a Kitchen Emporium 104-106 Ormskirk Rd Newtown Wigan WN5 9EB

I/We (delete as appropriate) hereby give notice that I/We wish to cancel my/our contract

Ref No: __________________
Customer Signature: __________________	Address: __________________	Date: __________________
Name: __________________	Postcode: __________________

16. MADE TO MEASURE AND BESPOKE PRODUCTS

Work commencing prior to expiry of the cancellation period.

If the customer agrees that work may start before the cancellation period expires, they should sign below to confirm this agreement and that they understand that if they decide to cancel within 14 days reasonable payment will be due for work carried out and goods ordered prior cancellation.

I/We agree that Solidcraft Ltd t/a Kitchen Emporium may commence work on ____________ (Date) before the cancellation period has expired.

I /We Understand that if I decide to cancel within 14 days I will be asked to pay for any goods and materials ordered/manufactured prior to my cancellation.

Signed: __________________	Address: __________________	Date: __________________
Name: __________________	Postcode: __________________