Terms of Use | KDI Interiors LTD

KDI INTERIORS LTD’S

TERMS AND CONDITIONS OF SUPPLY OF GOODS AND SERVICES

Your attention is particularly drawn to clause 11 (Our responsibility for loss or damage suffered by you).

Our terms

1. THESE TERMS

1.1 What these terms cover. These are the terms and conditions on which we supply services to you. As part of supplying our services, we may also supply goods to you.

1.2 Why you should read them. Please read these terms carefully before you accept our quotation, because these terms set out important information that applies to the contract between us.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. We are KDI Interiors Ltd (KDI) a limited company registered in England and Wales. Our company registration number is 12574256 and our registered office is at 4 The Maltings, Rayne, Braintree CM77 6BS.

2.2 How to contact us. You can contact us by writing to us at info@kdiinteriors.co.uk or calling us on 07827103893.

2.3 How we may contact you. If we need to contact you, we will telephone you using the most recent phone number you gave to us, or write to you at the most recent email address or postal address that you provided to us.

2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3. OUR CONTRACT WITH YOU

3.1 How our contract will be formed. We will send you a quotation, if you accept the quotation, you will need to let us know in writing. When you accept our quotation, a contract between us will come into existence.

3.2 We may change our quotation before you accept it. A quotation is only valid for the time period stated on it and we may change it at any time before you have accepted it in accordance with clause 3.1.

3.3 We only supply our services and goods in England. Our website is solely for the promotion of our services and goods in England. We operate in the Braintree District and can cover the surrounding areas.

3.4 If you are a business, these terms apply to the contract between us to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

3.5 The services and goods that we supply. The services and goods that we are going to supply to you are set out on our quotation.

4. YOUR RIGHTS TO MAKE CHANGES

4.1 If you wish to make a change to the services or any goods you have ordered please contact us (see clause 2.2). 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 services or goods, 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 clause 6 (Your rights to end the contract)).

5. PROVIDING THE SERVICES AND GOODS

5.1 Making sure your plan and measurements are accurate and contain all of your desired elements. When we are providing the services in accordance with a plan that you or a third party have designed, you or the third party are responsible for ensuring that:

5.1.1 the plan and any measurements are correct; and

5.1.2the plan contains all of the elements and appliances that you want in your kitchen.

5.2 Basis of our quotation. Our quotation is based on a visual assessment of your kitchen area or future kitchen area. If problems arise that were not apparent on that visual inspection (Unforeseen Works), we will let you know. We may increase the costs of our services to cover the costs of the Unforeseen Works, if you request that we carry out the Unforeseen Works, and we agreed to supply them.

5.3 When we will provide the services and goods. Our quotation may contain an estimated start date for the services, or we will otherwise confirm this to you in writing. Once you have confirmed your order for any goods, we will place your order with our suppliers. When we know the delivery date(s) for your goods, we will provide them to you.

5.4 Kitchen area. You must prepare the kitchen area before we start to provide the services, this means that all the kitchen cabinets must be empty and that the kitchen is clean and clear. You must ensure that access to the kitchen is not restricted and that no other tradesperson is working in the kitchen area while we are providing the services, unless we have agreed in advance and in writing.

5.5 We are not responsible for delays outside our control.

5.5.1 If our supply of the services or the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know. Where possible, we will take steps to minimise the effect of the delay (for the avoidance of doubt, “an event outside our control” includes but is not limited to the COVID-19 pandemic, and any waves of the pandemic, and any other epidemic or pandemic).

5.5.2 Provided we comply with clause 5.5.1 we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services and any goods you have paid for but not received.

5.6 If you are not at home when the goods are delivered. If no one is available at your address to take delivery and the goods cannot be posted through your letterbox, we, or the delivery company, will leave you a note informing you of how to rearrange delivery or collect the goods from a local depot.

5.7 When you become responsible for the goods. The goods will become your responsibility from the time we deliver the goods to the address you gave us or when you collect them from the depot (where applicable).

5.8 When you own goods. You own the goods once we have received payment in full.

5.9 If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect the goods from a delivery depot (where applicable), we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we may end the contract and clause 8.2 will apply.

5.10 If you do not allow us access to provide services. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 8.2 will apply.

5.11 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the services and goods to you, for example, your name, address, kitchen plan(s), the kitchen that you would like to order, kitchen location and payment details. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 8.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the services or goods late, or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

5.12 We may suspend supply of the services or goods if you do not pay. If you do not pay us for the services or any goods when you are supposed to (see clause 10.3) and you still do not make payment when we remind you that payment is due, we may suspend supply of the services or goods until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services or goods. We will not suspend the services or goods where you (acting reasonably) dispute the unpaid invoice (see clause 10.5). As well as suspending the services or goods, we can also charge you interest on your overdue payments (see clause 10.4).

6. YOUR RIGHTS TO END THE CONTRACT

6.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

6.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the goods repaired or replaced or a service re-performed or to get some or all of your money back), see clause 9;

6.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 6.2;

6.1.3 If you have just changed your mind about the goods or services, see clauses Error! Reference source not found. - 6.5. You may be able to get a refund if you are within the cancellation period, but this may be subject to deductions;

6.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.6.

6.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at in clauses 6.2.1 to 6.2.3 below the contract will end immediately and we will refund you in full for any services and goods which have not been provided, and you may also be entitled to compensation. The reasons are:

6.2.1 we have told you about an error in the price or description of the goods or services you have ordered and you do not wish to proceed;

6.2.2 there is a risk that supply of the service may be significantly delayed because of events outside our control; or

6.2.3 you have a legal right to end the contract because of something we have done wrong.

If you have just changed your mind about the goods or services within the cancellation period. For most goods or services bought online, you have a legal right to change your mind within 14 days (the “cancellation period”) and receive a refund, however there are certain exceptions, some of which are set out in clause 6.4.

When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:

goods that are customised, bespoke or personalised;

services, once these have been completed, even if the cancellation period is still running; or

any goods which become mixed inseparably with other items after their delivery; or

for goods or services for urgent repairs or maintenance.

How long do I have to change my mind? If you are a consumer, the 14 day cancellation period starts the day after you accepted the quotation (so if you accepted the quotation on the 5th, the cancellation period starts on the 6th). However, if you request that we provide the services within the cancellation period, once we have completed the services, you cannot change your mind, even if the cancellation period is still running. If you cancel within the cancellation period after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.

Ending the contract where we are not at fault and there is no right to change your mind. A contract is completed when we have finished providing the goods and services, and you have paid for them in full. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind under clause 6.5, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for goods and services not provided, but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

Tell us you want to end the contract. To end the contract with us, call us on 07827103893 or email us at info@kdiinteriors.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address. Alternatively, you can fill out the model cancellation form in Schedule 1 and email it to us.

Returning goods after ending the contract. If you end the contract for any reason after the goods have been dispatched to you or you have received them, you must return them to us. Please call contact us as set out in clause 7.1 to arrange collection. If you are exercising your right to change your mind, you must contact us to arrange collection of the goods from you within 14 days of telling us you wish to end the contract, and allow us to collect them from you as arranged.

How we will refund you. We will refund you the price you paid for the goods and services by the method you used for payment. However, we may make deductions from the price, as described in clause 6.6 and 7.4 below.

Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind under clause 6.5:

we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, 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 goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of goods within 3-5 days at one cost but you choose to have the goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

deduct from any refund an amount for the supply of the services for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

When your refund will be made when you are exercising your right to change your mind. We will make any refunds due to you as soon as possible. For:

Goods: If clause 6.4 does not apply then your refund will be made within 14 days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us. For information about how to return goods to us, see clause 8.3.

Services: your refund will be made within 14 days of you telling us that you have changed your mind.

OUR RIGHTS TO END THE CONTRACT

We may end the contract if you break it. We may end the contract any time by writing to you if:

you do not make any payment to us when it is due and you still do not make payment when we remind 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 goods or services (see clause 5.11);

you do not, within a reasonable time, allow us to deliver the goods to you or collect them from the depot (where applicable). Also see clause 5.7; or

you do not, within a reasonable time, allow us access to your property to supply the services (see clause 5.10).

You must compensate us if you break the contract. If we end the contract in the situations set out in clause 8.1, we will refund any money you have paid in advance for goods or services we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

Removal of goods if you do not pay. If you end the contract and you have not paid for the goods or services that we have supplied and you do not pay for them in accordance with clause 8.1, we may remove any of the goods we have fitted for you.

IF THERE IS A PROBLEM WITH THE GOODS OR SERVICES

How to tell us about problems. If you have any questions or complaints about the services, please contact us. Call us on 07827103893 or email us at info@kdiinteriors.co.uk.

Summary of your legal rights if you are a consumer. We are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.

Summary of your key legal rights if you are a consumer

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.

For goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product 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.

For services, the Consumer Rights Act 2015 says:

a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.

b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.

c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.

Your obligation to return rejected goods. If you wish to exercise your legal rights to reject any goods you must return the goods to us. We will collect them from you. Please contact us as set out in clause 9.1 to arrange collection.

PRICE AND PAYMENT

Where to find the price. The price of the goods and services is as stated on the quotation or otherwise agreed between us in writing. We take all reasonable care to ensure that the price of the goods and services advised to you is correct. However please see clause 10.2 for what happens if we discover an error in the price of the goods or services that you order.

What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the goods or services we sell may be incorrectly priced. Where the correct price at the date you accept our quotation is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions. Where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.

When you must pay and how you must pay.

Payment methods. We accept payment by bank transfer to the bank account details stated on our invoice. We do not accept payment by credit or debit cards unless otherwise agreed by us in writing.

If we are supplying the kitchen and any appliances. You must pay us the full the price of the kitchen and any appliances before we can place the order for you, and the funds must have cleared in our account (this means that the funds have been fully transferred to our account and we are able to withdraw them). We will confirm to you in writing how much the cost of the kitchen and appliances are, and if you need to pay within a certain period of time to benefit from any third party discount or promotion. We will not be responsible for the additional costs if you fail to pay within this time period.

Deposit. Unless otherwise agreed between us in writing, you must make an advance payment of 30% of the price of the services, before we start providing them.

Paying for the rest of services, excluding the deposit. Unless otherwise agreed by us in writing, we will invoice you for the balance of the price of the services when we have completed them.

When you must pay. You must pay the deposit (see clause 10.3.3) before we start providing the services. If applicable, you must pay the full price of the kitchen and all appliances before we place the order with the relevant third party (see clause 10.3.2). You must pay us the final balance of the kitchen on the date that we have completed providing the services.

We can charge interest if you pay late. If you do not make any payment to us within 7 calendar days of the due date we may charge interest to you on the overdue amount at the rate of 3% 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.

What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know (see clause 2.2 for our contact details). 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 invoiced sums from the original due date.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We are responsible to you for foreseeable loss and damage caused by us. Subject to clauses 11.2, 11.3 and 11.5 (which means those clauses prevail over this clause), if we fail to comply with the contract between us, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this 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.

Our total liability to you.

Our total liability to you in respect of this contract for any loss, liability or damage howsoever caused, whether in contract, tort (including negligence), misrepresentation, breach of statutory duty, restitution or otherwise (in each case whether caused by negligence or not), and whether related to any act, omission, services provided to you or failure to act or delay in acting by us, will be limited to £500,000 (five hundred thousand pounds sterling) in total.

If you require cover in excess of that stated in clause 11.2.1, you are responsible for making your own arrangements for the insurance of any excess loss.

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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services as summarised at clause 9.2; and for defective products under the Consumer Protection Act 1987.

When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us acting negligently while we are providing the services. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services, or any damage caused by you or other tradespersons while we are providing the services.

If you are a business:

Subject to clause 11.3, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this contract for:

loss of profits;

loss of sales or business;

loss of agreements or contracts;

loss of anticipated savings;

loss of use or corruption of software, data or information;

loss of or damage to goodwill; and

any indirect or consequential loss.

The Supply of Goods and Services Act 1982 is, to the fullest extent permitted by law, excluded from this contract.

Surviving termination. This clause 11 shall survive termination of the contract between us.

HOW WE MAY USE YOUR PERSONAL INFORMATION

How we may use your personal information. We will only use your personal information as set out in our privacy policy, which is accessible on our website, or on our email footers.

OTHER IMPORTANT TERMS

We may transfer this agreement to someone else. We may transfer our rights and obligations under the contract between us to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You need our consent to transfer your rights to someone else (except you can always transfer our guarantee). You may only transfer your rights or your obligations under the contract to another person if you are not in breach of contract and if we agree to this in writing. However, you can always transfer any guarantee provided by us to another person. We may require the person to whom the guarantee has been transferred to, to provide reasonable evidence that the guarantee has been transferred to them.

Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of this contract operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under this contact, or if we delay in taking steps against you in respect of your breaking this 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. For example, if you miss a payment and we do not chase you but we continue to provide the goods and services, we can still require you to make the payment at a later date.

Which laws apply to this contract and where you may bring legal proceedings.

If you are a consumer: These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.

If you are a business: these terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Last updated: May 2022

MODEL CANCELLATION FORM

(Complete and return this form only if you wish to withdraw from the contract)

To: KDI Interiors Ltd, 4 The Maltings, Rayne, Braintree CM77 6BS

Telephone number: 07827103893

Email address: info@kdiinteriors.co.uk

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate