The below are terms and conditions on which we supply any of the Products (Products) listed on our website www.diyfittedkitchens.com (our site) to you. Please ensure you read and understand our terms and conditions before ordering any Products from our website as you will be bound by these terms and conditions.
1.1. We operate the website www.diyfittedkitchens.com. We are Qwatex Limited, a company registered in England and Wales under company number 9190653 and with our registered office at 3 Appledore Crescent, Sidcup, DA14 6RG.
1.2. Our trading name is DIY FITTED KITCHENS.
1.3. We have a telephone service to deal with any sales or after sales enquiries for those customers who wish to purchase or have purchased Products as listed on our site. Our telephone number is 0333 050 3293.
1.4. As set out in clause 1.3 above, we provide a telephone helpline. This helpline is for enquiries and assistance to you in relation to our Products only. It does not create any further obligations to you from us contractual or otherwise, unless any such representations made are agreed with you in writing by our company.
1.5. These terms and conditions and the order constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
1.6. We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them. Any changes to the specification of the Products or variations to the contract or these terms and conditions that you agree with our authorised employees or agents will only be binding if recorded in writing and signed by a director of the company.
1.7. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
1.8. Nothing in this clause limits or excludes any liability for fraud.
1.9. 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.
1.10. 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 Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions).
1.11. A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
By placing an order through our website, you agree that:
2.1. you are resident in the United Kingdom
2.2. you are at least 18 years old
2.3. you have read and understood our terms & conditions2.4. By providing your contact details to DIY Fitted Kitchens, you consent for us to contact you by email and SMS to let you know about your order delivery or offers/promotions, which may be of interest to you, unless you indicate an objection to receiving such messages. You can also unsubscribe from marketing email communications from within our emails.
3. Samples & Quotations
3.1. We may, on our website or on request, provide to you samples, descriptions and/or drawings of the Products or advertising catalogues or brochures, which are issued solely to provide you with an approximate idea of the Products they describe. They are not provided to give an indication of the quality, size, colour or description of the Products which are for sale on our site.
3.2. Certain samples are subject to a small charge of which you will be notified at the time the sample is requested.
3.3. Any quotation given for the Products is given on the basis that a binding contract shall only come into existence in accordance with clause 4. Any quotation shall be valid for a period of 30 calendar days from its date of issue unless we notify you in writing that we have withdrawn it during this period.
4.1. After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted or confirmed. Your order constitutes an offer to us to buy Product(s) subject to these terms and conditions. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail with Order Confirmation. The Order Confirmation will include an order number, please quote this order number in all subsequent correspondence between us. The contract between us (Contract) will only be formed when we send you the Order Confirmation.
4.2. The Contract will relate only to those Products in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until a separate Order Confirmation for such Products has been received.
4.3. Please note that some of the Products belong to third party sellers. In some cases, we accept orders as agents on behalf of those third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of themselves. You should carefully review their terms and conditions applying to the transaction.
- 4.3.1. We shall not be liable for any losses that result from the failure of third party Products to perform or where such Products are defective. We will however, transfer to you such rights as we have against such third party sellers and, so far as we are able, without incurring any costs, we will assist you in rectifying the situation with the third party supplier.
- 4.3.2. We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that Products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your personal information related to that transaction to the third party seller.
5. Cancellations & Refunds
5.1. If you are contracting as a consumer, you may cancel a Contract in writing at any time within four working days, beginning on the day you placed the order.
5.2. To cancel a Contract, you must inform us in writing.
5.3. Where the Products have been made to your specification or clearly personalised you do not have the right to cancel the Contract.
5.4. 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.
5.5. If you have cancelled the Contract between us within the four-day cooling-off period (see clause 5.1 above), we will process the refund due to you as soon as possible. We will refund the price of the Product in full, and any applicable delivery charges.
5.6. In circumstances where you notify us the Products are defective and we agree to collect them from you on a date agreed between us or we ask you to return the Products to us at our cost or we agree that you can provide suitable photographic evidence, we will examine the returned Product or evidence as appropriate and will notify you:
- 5.6.1. that we will provide you with a full or partial refund via e-mail within a reasonable period of time; or
- 5.6.2. replace the Products; or
- 5.6.3. repair the Products.
5.7. We will usually process any refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will, where we agree a refund, refund the price of a defective Product in full and any applicable delivery charges.
5.8. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
5.9. These terms and conditions will apply to any repaired or replacement Products we supply to you.
5.10. We cannot cancel an order after it has been batched for production/picking. We will not agree to the cancellation of an order if it has been processed. You will be liable to pay full costs.
5.11. Non returnable products:
- 5.11.1. Kitchens Units as these are made bespoke to your order;
- 5.11.2. Kitchen doors as these are made bespoke to your oder;
- 5.11.3. Cornices, plinths, pelmet & decorative items;
- 5.11.4. Colour matched doors, cornices, plinths, pelmet & decorative items;
- 5.11.5. Any items made as a special request;
- 5.11.6. Worktops as these are made to your order.
6. Price & Payment
6.1. The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
6.2. Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
6.3. Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.
6.4. If the pricing error is obvious and unmistakeable and could have been reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
6.5. Payment for all Products must be made by bank transfer or credit/ debit card. We accept all major credit and debit cards except American Express.
7.1. We will use all reasonable endeavours to fulfil your order between or on the delivery dates set out in the Order Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Order Confirmation, unless there are exceptional circumstances and the delivery is affected by factors beyond our control.
7.2. In certain circumstances where Products are provided by third party sellers they are responsible for delivery of those Products. We shall not be liable for any delay or failure of delivery in these circumstances.
7.3. Delivery dates are not guaranteed and we will let you know if we become aware of an unexpected delay and will arrange a new delivery date with you.
7.4. If we are not able to deliver the whole of the order at one time due to operational reasons or shortage of stock, we will deliver the order in instalments. We will not charge you extra delivery costs for this. If you ask us to deliver the order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate Contract. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
7.5. Upon receipt of a delivery you are responsible for checking you have received the correct number of packages and checking for any damage and sign accordingly.
7.6 If the delivery note is not signed as goods being received short/damaged we cannot replace free of charge. The packaging is part of you delivery, you are responsible for its disposal.
7.7 Transit damage claims will only be honoured if the delivery note has been clearly signed as DAMAGED, signing unchecked is not acceptable by the carrier.
7.8. You are responsible for inspecting the Products and reporting to us within 3 working days of any alleged defect, fault or error before the Products are used or fitted. We shall have no liability for any claim in respect of an alleged defect, fault or error which would be apparent on inspection before use or fitting.
7.9. We use a third party to deliver our Products. It is a 1 man delivery. It is a driver's responsibility to get the units to the back of the truck. It is your responsibility to provide sufficient able bodied labour to carry these into your storage or your property. These units are very heavy and they will require at least 2 physically able people to safely carry them!
7.10. Failure to provide 2 physically able people will result in your kitchen being returned and a re-delivery fee charged.
8. Risk & title
8.1. The Products will be your responsibility from the time of delivery.
8.2. Ownership of the Products will only pass to you when we receive full payment in cleared funds of all sums due in respect of the Products, including delivery charges.
9.1. We warrant to you that any Product purchased from us through our website will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which Products of that kind are commonly supplied.
9.2. This warranty does not apply to any defect in the Products arising from:
- 9.2.1. fair wear and tear;
- 9.2.2. wilful damage, accident or negligence by you or any third party;
- 9.2.3. if you use the Products in a way that we do not recommend;
- 9.2.4. your failure to follow our instructions;
- 9.2.5. any alteration or repair you carry out without our prior written approval;
- 9.2.6. any incorrect instructions or plans submitted by you on our website to enable us to provide the Products.
10. Our liability
10.1. If we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.
10.2. We will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories even if such losses result from our deliberate breach:
- 10.2.1. loss of income or revenue;
- 10.2.2. loss of business;
- 10.2.3. loss of profits;
- 10.2.4. loss of anticipated savings;
- 10.2.5. loss of data; or
- 10.2.6. waste of management or office time.
10.3. Where you buy any Product from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.
10.4. You are responsible for installing the Products in your property and we will not be responsible for any damage caused to the Products or your property arising during the course of installation.
10.5. Where kitchen unit carcasses are ordered by you and manufactured to your specific measurements we accept no liability where you have failed to allow adequate room for ventilation or ordered incorrect sizes.
11. Import duty
11.1. If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
11.2. Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
12. Bespoke & custom made kitchen units
12.1. Our website allows you to provide your own specific measurements, plans, specifications and details, it also provides you with the opportunity to send to us any special requirements or instructions you may have. You must therefore ensure all of these are accurate and correct as we shall not be liable for any defects or incorrect Products delivered as a result of your failure to provide correct information to enable us to deliver the Products in accordance with the Contract.
12.2. Consumers cannot cancel, return or obtain refunds for items that are made to the customer's own specification or size (Unless manufactured incorrectly by DIY Fitted Kitchens). It is essential that you are happy with your kitchen order prior to confirming/paying for the order online on our website.
13. Cancellation by us
13.1. We reserve the right to cancel the Contract between us if:
- 13.1.1. we or our suppliers have insufficient stock to deliver the Products you have ordered or such Products have been discontinued;
- 13.1.2. we do not deliver to your area; or
- 13.1.3. one or more of the Products you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our supplier.
13.2. If we do cancel your Contract we will notify you by e-mail and will process a full refund to you as soon as possible but in any event within 30 days of your order using the same method originally used by you to pay for your purchase. We will not be liable to pay any additional compensation for disappointment suffered.
14. Events outside our control
14.1. 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).
14.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- 14.2.1. strikes, lock-outs or other industrial action;
- 14.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- 14.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- 14.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- 14.2.5. impossibility of the use of public or private telecommunications networks;
- 14.2.6. the acts, decrees, legislation, regulations or restrictions of any government; and
- 14.2.7. pandemic or epidemic.
14.3. 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.
15. Transfer of rights & obligations
15.1. The contract between you and us is binding on you and us and on our respective successors and assignees.
15.2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
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.
16.3. 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.
If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.