Terms and Conditions

Terms of Business

PLEASE READ OUR STANDARD TERMS CAREFULLY.

We (Eternal Kitchen Ltd.) are a limited liability company registered in England and Wales with Company Registration Number 10359883 and whose registered office is situated at “32 The Chase, Eastcote, HA5-1SN”.

These terms apply to all contractual agreements made between us and you, the customer. We may change these terms from time to time. Please check them before you make a new purchase. None of your statutory rights are affected by these terms.

Any order you place with us (“Order”) is subject to these terms and conditions. You should read them very carefully as they contain some very important terms.

If you have any questions about any part of these terms or would require the same in larger print please contact us at the number quoted on our website and we will happy to help you.

These terms are standard and non-negotiable. They supersede all other terms whether oral or written.

Our staff will do their best to help, but are not authorised to do any of the following:

° Make any variations to these terms.

°  Make any representation, agree any condition or enter into any collateral agreement

° Accept any offer or counter-offer by you.

The Managing Directors may from time to time by means of a written notice to you make alterations to these terms but only in relation to the individual order in question.

All quotations sent to you are contractual offers on our part. Our Quotations are valid for a period of 30 days. Once a quotation has been agreed upon, we will issue the customer an Invoice. No binding contract is formed between us until such time as:

°  You accept our invoice by confirming the same by telephone, email or messaging service; and

° Payment is received by us by BACS, Cash or by Cheque in the form of either the whole price of the invoice (the “Price”) or a deposit (the “Deposit”) amounting to not less than 50% of the Price.

The products and services to be supplied will be set out in our quotations and invoices. They are also subject to correction of any errors or omissions whether on your part or ours.

Once a quotation is accepted by you an Invoice is created and a one-off binding contract between the two of us (“Contract”) is also created. This does not under any circumstances constitute a continuing contractual relationship (whether renewable or otherwise) between us.

All items are subject to availability. We can only guarantee availability whilst stocks last. If the goods ordered are unavailable, we will contact you with suggestions of goods of equivalent quality and price.

An initial Deposit of 50% of the agreed price is payable on placing an order. The final 50% of the purchase price is payable 3 working days prior to delivery onsite.

You can pay for your order by BACS, Credit / Debit Card (in person only), Cheque (Cheques will only be accepted for the initial payment), and we will only dispatch the goods upon receipt of cleared funds of the final agreed price.

VAT is payable by you at the appropriate rate. All prices quoted in any of our quotations and invoices include VAT unless otherwise stated.

If you fail to make any payment on the due date pursuant to the Contract you shall be liable to pay interest on such sum from the due date until the date of payment at the annual rate of 4% above the base lending rate of RBS accruing on a daily basis until payment is made whether before or after judgment and the Company further reserves the right to charge for all reasonable costs including administration to enforce payment of the outstanding sums such costs are to be added to the debt owed by the Customer.

We only deliver to addresses in Mainland UK.

Our standard delivery times and schedules run from Monday to Friday 8am to 6pm. Any agreed delivery time outside of these hours may result in an additional charge being made.

We may also charge an additional fee to be notified to you for delivery addresses outside a radius of 50 miles from our registered offices. This will be listed on the Quotation and Invoice. If you change delivery addresses after an invoice has been issued we reserve the right to charge you an additional delivery fee if the new address is outside of the above 50 mile radius.

Delivery dates mentioned in any Quotation, Invoice or other document are approximate only and not of any contractual effect. We shall not be liable for any delay in delivery howsoever caused. Late delivery of the Goods does not entitle you to do any of the following:

° Reject the Goods

° Terminate the contract

° Withhold payment of any part of the Price.

We will be responsible for any damage to goods sustained during transit but any damage caused to those goods once delivery has been accepted will be the customers responsibility.

The customer will be responsible for insurance of all goods once they have been delivered to site.

In the event of orders placed from architects plans (extensions, modifications and new builds) the customer is responsible for checking that built sizes after plastering comply exactly with the final kitchen plan sizes given. We strongly advise that customers continuously monitor and check sizing, and advise of any discrepancy in good time for alterations to be made prior to manufacture.

If the customer prefers to use their own contractors for fitting, we will deliver the kitchen as per production drawings which will be shared with the customer prior to production, the customer must inspect the kitchen on delivery and ensure there is no damage to the packaging or the units.

This section is only applicable if we are contracted to perform the dry fit installation.

The customer warrants that the premises are structurally suitable for the installation proposed. Unless otherwise stated our price for fitting assumes that the kitchen is empty with any existing units, worktops and appliances cleared so far as is possible and any items to be retained are removed from the working area by the customer. All electrics, gas and plumbing works must be completed prior to the kitchen fitting commencing. The flooring has to be suitably covered/protected to avoid damage during delivery/installation.

If required by us, you shall make sufficient space available prior to delivery for the kitchen to be stored between delivery and commencement of installation.

We reserve the right to amend the price and plan in the event of any unforeseen circumstances arising or problems manifesting themselves upon installation.

We accept no liability for goods not fitting if internal dimensions have changed without ample notification. Any on-site modifications will incur an additional charge.

Where the customer undertakes to supply items or appliances it is their responsibility to ensure they are the correct size and specification. They must be available on site at the commencement of the installation. If for any reason the customer fails to have them available, causing the installation work to be delayed, any resultant cost incurred by us must be borne by the customer.

It is the customer’s responsibility to provide a skip to allow for the safe disposal of all packaging.

We are not responsible for the installation of any goods not supplied by us unless otherwise stated in the invoice.

Where we do agree to install any item or appliance you must check the installation for faults with the installer and complete a completion certificate supplied. If any further marks or faults are found after the completion certificate has been signed, you must inform us in writing within 24 hours. It will be at our discretion to rectify any faults thereafter.

Installers will not connect appliances to the gas mains or electrical fuse spurs as these works should be undertaken by qualified gas safe registered and electrical contractors. If the customer placed an order for a Quartz, Neolith or Dekton worktop, we will install the sink but all other plumbing must be completed by the customer’s contractor.

In the unlikely event of mis-delivery or faults, we will use our reasonable endeavour to resolve the issues as soon as possible.

For special order terms or units which have to be made, an indication of the period of delay will be given by us.

Kitchen units are fully guaranteed for 5 years. This guarantee excludes:

° Products that have been stored or assembled incorrectly

° Used inappropriately, abused, misused, altered, or cleaned with wrong cleaning methods or wrong cleaning products.

° Normal wear and tear, cuts or scratches,

° Damage caused by impacts, accidents or waterborne debris.

° Accidental damage.

We shall not be liable for any indirect, incidental, consequential, loss arising out of the Contract or the performance or use of any of the goods or services.

The price will be affected by any material changes that you request or which are agreed provided for herein, even if we were advised of the possibility of such damages.

The maximum liability of either you or us under any Contract between us shall be limited to the Price.

After an on-site survey, we reserve the right to make any deviation from the Quotation which would not materially affect the design if in our opinion it would facilitate the proper installation of any goods supplied to you by us.

We shall not be liable to you if we are prevented or delayed in the performance of our any obligations to you if this is due to any cause beyond our reasonable control for example but not limited to:

° An act of God, explosion, flood, fire or accident

° War or civil disturbance

° Strikes, industrial action or stoppages of work

° Any form of government intervention

° A third party act or omission

° Failure by you to give us a correct email or delivery address or notify us of any change of address.

In the event of cancellation, and/or delay, charges will be applicable in accordance with the stage of your order, to indemnify us against all losses. Additional charges for administration, design works and/or fitting costs, including lost time, may be applied at our discretion. You are required to confirm your reason for cancellation in writing and send it by recorded delivery to head office.

Any disputes arising out of these terms and conditions will be dealt with exclusively by the Courts of England and Wales and will be exclusively subject to English law only.