1.These Terms
1.1 What these terms cover.
These are the terms and conditions on which we supply products and services to you.
1.2 Why you should read them.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products and services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information About us and How to Contact us
2.1 Who we are. We are Bucklescale Limited trading as Aristocraft Kitchens and Bedrooms, a company registered in England and Wales under company number 02950971 and with our registered office at 4 Lowndes Road, Wollaston, Stourbridge, DY8 3SS. Our registered VAT number is 648640024.
2.2 How to contact us. If you wish to contact us for any reason, you can email us at cs@aristocraft.kitchen or contact our Customer Services team by telephone on 01384 887871 or by post to Customer Services, Bucklescale Limited trading as Aristocraft Kitchens & Bedrooms at 4 Lowndes Road, Wollaston, Stourbridge, DY8 3SS. If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
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 we will accept your order. Our acceptance of your order will take place when we tell you that we are able to provide you with the product, at which point a contract will come into existence between you and us. You will be required to sign the order acknowledgement to signify your agreement that the acknowledgement is correct, that you will pay for that order and that you agree to these terms and conditions.
4. Our Products
4.1 Products may vary slightly from their pictures. The images of the products in any brochure or on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that an electronic device’s display of the colours or the printed pictures in any 4.2 4.3 4.4 5. 6. 6.1 6.2 6.3 6.4 6.5 6.6 brochure accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 CAD Drawings. Images shown in CAD drawings are for guidance only to show the overall layout of the kitchen or bedroom when fitted and do not represent specific features of individual parts of the product supplied.
4.3 Care Guide. You should refer to the attached care guide for further care instructions.
4.4 Making sure your measurements are accurate. If we are ordering products to measurements you have.
5. Your Rights to Make Changes
If you wish to make a change to the product you have ordered please contact us. 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 product, the timing for delivery 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.
6. Our Rights to Make Changes
6.1 Unavailable items. We will use our best endeavours to supply you with the exact products ordered. If, however, an item or items are unavailable, we may substitute an item or items of a similar type, finish and quality.
6.2 If a similar item is not available and the item, in our opinion, is not fundamental to the design of your order, we may choose not to supply that item and to refund you what you have paid for that individual item.
6.3 If an item that is, in our opinion, fundamental to the design of your order and that item is not available, you may cancel the order and we will refund you all money paid.
6.4 Where an item has been replaced or superseded by another item by the manufacturer, we may supply the replacement or superseding item at no additional cost to you.
6.5 Minor changes to the product. we may change the product:
6.5.1 to reflect changes in relevant laws and regulatory requirements; and
6.5.2 to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
6.6 More significant changes to the product and these terms. If we need to make more significant changes to the product and these terms, we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect.
7. Providing the Products and Services
7.1 Delivery and installation costs. The costs of delivery will be as told to you during the order process.
7.2 When we will provide the products and services. During the order process we will let you know when we will provide the products and services to you. An expected delivery date will be provided on your order acknowledgement. All delivery dates are approximate and we will not be liable for any alleged loss on your part due to failure to meet quoted delivery dates.
7.3 We are not responsible for delays outside our control. If our delivery of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this 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 products you have paid for but not received.
7.4 If you are not at home on the delivery date. If no one is available at your address to take delivery of the products, we will contact you to inform you how to rearrange a delivery date. We may raise a charge to cover our costs of any rearranged delivery.
7.5 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot 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 condition 9.3 will apply.
7.6 Fitting. If you require fitting of the products, upon request, we will put you in touch with an installer to make the necessary arrangements directly with you.
7.7 When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us or when you collect it from us.
7.8 When you own the products. You own the products once we have received payment in full.
7.9 We may suspend supply of the products and other services if you do not pay. If you do not pay us for the products or services when you are supposed to and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products or the services until you have paid us the outstanding amounts. We will contact you to tell you this. We will not suspend the products and/or services where you dispute the unpaid invoice (see condition 13.11). As well as suspending the products and/or fitting or services we can also charge you interest on your overdue payments (see condition 13.9).
8. Your Rights to End the Contract
8.1 You cannot end the contract or obtain a refund for supply of a product before it has been delivered and paid for. You are expected to pay any outstanding sums on or before the due date shown on our order acknowledgement.
8.2 What happens if you have good reason for ending the contract? If you are ending the contract for a reason set out at 8.2.1 to 8.2.5 below the contract will end immediately and we will refund you in full for any products which have not been provided or have not been provided properly and you may also be entitled to further compensation. The reasons are:
8.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to (see condition 6.6);
8.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
8.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
8.2.4 we have suspended supply of the product for technical reasons, or we notify you that we are going to suspend them for technical reasons, in each case for a period of more than eight weeks; or
8.2.5 you have a legal right to end the contract because of something we have done wrong.
8.3 If we are supplying bespoke or special order items specifically manufactured to your own choice of colour or combination or size, such items will as far as is permissible by law be excluded from your right to a refund or return simply by reason of your changing your mind unless such items are faulty.
8.4 Returning products after ending the contract. If you end the contract in accordance with these terms after products have been dispatched to you and (because we cannot recall them) they are delivered to you, you must return them to us in an unused and saleable condition. We will pay the costs of return.
9. Our Rights to End the Contract
9.1 We may end the contract following a survey of your property. If it is found that there are problems with your property that would prevent your order being carried out in its agreed form or where unforeseen additional costs would be incurred by us, then we may end the contract for the order at any time in writing to you. Our liability to you in these circumstances shall be limited to a refund of the monies you have paid us.
9.2 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
9.2.1 you do not make any payment to us or we are unable to collect payment from you when it is due and you still do not make payment within 7 days of us reminding you that payment is due; or
9.2.2 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
9.3 You must compensate us if you break the contract. If you end the contract other than in the situations set out in condition 8.2 we will refund any money you have paid in advance for products 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.
10. Third-party Manufacturer’s Guarantee of Products
Some of the products come with a manufacturer’s guarantee. For details, please refer to the manufacturer’s guarantee provided with the products. This guarantee is in addition to, and does not affect, your legal rights in relation to the products that are faulty or not as described.
11. Our Guarantee of Products
11.1 We guarantee that on delivery and for a period of 15 years from delivery, the products shall be free from material defects. However, this guarantee does not apply to any defect in the products arising from:
11.1.1 fair wear and tear;
11.1.2 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
11.1.3 if you fail to operate or use the products in accordance with the user instructions; and
11.1.4 any alteration or repair by you or any incorrect installation of the products.
11.2 This guarantee is in addition to, and does not affect, your legal rights in relation to goods or services that are faulty or not as described.
12. If There Is a Problem With the Product
12.1 How to tell us about problems.
If you have any questions or complaints about the product, please contact us. You can telephone our consumer service team at 01384 887 871 or write to us at cs@aristocraft.kitchen or Bucklescale Limited trading as Aristocraft Kitchens & Bedrooms at 4 Lowndes Road, Wollaston, Stourbridge, DY8 3SS. Alternatively, please speak to one of our staff in-store.
12.2 Summary of your legal rights.
We are under a legal duty to supply products that are as described and match information we provided to you and any sample or model seen or examined by you; are of satisfactory quality and fit for any particular purpose made known to us. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
12.3 Damaged or Defective Products / Services.
We will make every effort to ensure the products you receive are not defective or damaged and the services are performed correctly. In the unlikely event that they are not, you must inspect your products upon delivery and complete a defect report that will be provided by our delivery team and contact us within three days of delivery of the product. If the defect is not immediately apparent then you must inform us within three days of the date when you first discovered the defect.
12.4 Replacement Products.
We will use our reasonable endeavours to ensure that any defective or damaged products are replaced as quickly as possible, but please be aware that if your product is bespoke, a replacement may take more time. Such replacement time should be considered when arranging for your products to be fitted.
12.5 If you fail to notify us of damaged or defective Products, we will not be liable for any costs incurred in relation to the fitting of your Products (including, but not limited to, any resulting delays in the fitting of your Products).
13. Price and Payment
13.1 Where to find the price for the product. The total cost of your order with us is detailed on our order acknowledgement.
13.2 You are required to make the Initial Payment of 25% of the total purchase price in person at our showroom when you place the order. The billing address on your card you are paying with must match the address that the goods are being delivered to.
13.3 You will be required to pay the Remaining Balance no later than 10 working days before the due date specified in the order acknowledgement. The Remaining Balance represents the remainder of the cost of your order which becomes payable to us upon the date shown in the “Due On” section of our order acknowledgment. The Due On date is the latest date on which you must pay your Remaining Balance without compromising the “Expected Delivery Date” as shown on our order acknowledgement and subsequent fitting of the products. We will accept payment of the Remaining Balance by debit card, bank transfer or cheque. We accept personal cheques that are drawn on a UK bank.
13.4 We may make a “Holding Charge” of £1,000 if you require us to proceed to produce designs and drawings but do not require us to order products until a later agreed date. We will accept payment of the Holding Charge by debit card, credit card bank transfer or cheque.
13.5 You can send your payment direct to our bank account:
- Company Name: Bucklescale Limited trading as Aristocraft
- Account Number: 19428839
- Sort Code: 60-03-30
13.6 The Remaining Balance will include any solid surface worktops you have ordered although these will not be included in your initial delivery they must be paid for as specified in clause 13.3.
13.7 Your products will only be delivered upon payment in full.
13.8 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product (including delivery costs) in full before the change in the rate of VAT takes effect.
13.9 What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may terminate the contract, refund you any sums you have paid and require you to return the product at our expense.
13.10 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% 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.
13.11 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 and we will not charge you interest until we have resolved the issue.
14. Our Responsibility for Loss or Damage Suffered By You
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, 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, for example, if you discussed it with us during the sales process.
14.2 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.3 If you choose to fund your purchase using finance, you will enter in to a credit agreement directly with the lender. Please refer to their terms & conditions.
15. Other Important Terms
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end contract for supply of the product within seven days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 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.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms 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.
15.5 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 these terms, 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 products, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings? These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
