Terms and Conditions
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or services.
1.2 Why you should read them. Please read these terms carefully before you submit you order to us. These terms tell you who we are, how we will provide products 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 or require any changes, please contact us to discuss.
1.3 These terms apply to both business customer and consumers. In some areas you will have different rights under these terms depending on whether you are a business customer or a consumer.
You are a consumer if:
· You are an individual; and
· You are buying our products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4 If you are a business customer these terms constitute the entire agreement between you and us in relation to the supply of the products by us to you. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms. You confirm that you have authority to bind any business on whose behalf you trade with us for the supply of our products.
2. Information about us and how to contact us
2.1 Who we are. We are KIMBERS (SOUTHERN) LIMITED a company registered in England. Our company registration number is 01793894 and our registered office is at Unit 1a, Somerford Business Park Wilverley Road, Christchurch, Dorset, BH23 3RU. Our registered VAT number is 382802448.
2.2 Contacting us if you are a business: You can contact us by telephoning our head office at 01202480900 or by emailing us at email@example.com
2.3 Contacting us if you are a consumer:
(a) to cancel a contract in accordance with your legal right to do so, you can follow the procedure set out in clause 8.
(b) if you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our head office at 01202480900 or by e-mailing us at firstname.lastname@example.org
2.4 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.
2.5 "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 products, which we will also confirm in writing to you, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing or by telephone and will not charge you for the products. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell in the South – West England. Our brochure and website are solely for the promotion of our products in the South – West England. We deliver to any addresses within 30 miles of our depot located at Unit 1a, Somerford Business Park Wilverley Road, Christchurch, Dorset, BH23 3RU. Any orders to addresses outside 30 miles radius can only be ordered for our click and collect service.
4. Our products
4.1 Products may vary slightly from their pictures. The images of the products in our 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 a device's display of the colours or the printed pictures in our brochure accurately reflects the colour of the products. Your product may vary slightly from those images. In particular, please note the following:
· Pile pressure shading and pile reversal in carpets. All pile carpets will show light and dark areas according to the direction in which the pile yarn lies. As carpets become soiled in wear, they may appear to lose colour, but this may be restored when the carpet is cleaned. Light or delicately coloured carpets may show this effect sooner than those where the colour is stronger or the pattern more pronounced. The above characteristics are inherent in all pile fabrics and are not to be considered defects. Changes in carpet appearance, such as occurring from staining, soiling, fading, pilling or flattening of a carpet pile are not included within any product guarantee.
· Berber style carpets. Berber style carpets may show ‘lines’ or ‘stripes’ along the length due to their manufacturing process. Berber style carpets commonly shed a lot of fibres initially, this can take up to 6 months to clear and correct. To speed this process up regular hoovering is recommended. Manufacturers do not consider this shedding affect to be a defect.
· Matching colours. For technical reasons it is not always possible to obtain an exact colour match between different widths of carpet. We therefore recommend that plain and tonal carpets are made from one width wherever possible so that slight differences in colour matching, which generally cannot be avoided do not arise. Carpets ordered at different times cannot be guaranteed to colour match and the finished textures can vary over time.
· Hoover marks. Many carpets, especially polypropylene will show hoovering marks and foot marks where the pile has been reversed or crushed, this is to be expected and not considered as a defect in the product.
4.2 Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure in our brochure or on our website, or by contacting us. All carpets are sold subject to manufacturer’s tolerance on width and length.
5. Your rights to make changes
If you wish to make a change to the products 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 products, 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.
6. Our rights to make changes
6.1 Minor changes to the products. We may change the product to implement minor manufacturing adjustments and improvements, for example:
(a) A line fault in the carpet that can be repaired; or
(b) Stains that can be removed without any damage being caused to the products.
7. Providing the products
7.1 Delivery and installation costs. The costs of delivery and installation will be as told to you during the order process. If any costs will change this will be agreed before any of the works are carried out.
7.2 When we will provide the products. During the order process we will let you know when we will provide the products to you. If the products ordered are:
(a) I Goods. If the products are goods we will deliver them to you as soon as reasonably possible and in any event within 3-5 working days after the day on which we accept your order. The delivery time may change due to the unforeseen circumstances of which we will notify you as soon as reasonably practicable. Your legal rights in case of late delivery are set out in clause 7.8.
(b) One-off services. We will begin the services on the date set out in the order. The estimated completion date for the services is as told to you during the order process.
7.3 Fitting appointments.
(a) Making fitting appointments. We make a reasonable effort to keep our fitting appointments as agreed between you and us at the time of the order, however any given times are approximate and cannot be guaranteed. A delay may occur due to an event outside our control. In case of a delay outside our control, we will reschedule the fitting appointment for the soonest available appointment. Your legal rights in case of event outside our control are set out in clause 7.4.
(b) Fixtures and fittings We are not responsible for removal of computers, tv sets and other electrical equipment when supplying our products (including installation services). It is your responsibility to clear all desks and work surfaces.
(c) Cancelling your fitting appointment. We may charge you an additional cost if you cancel an agreed fitting appointment if you give us less than 24 hours’ notice.
7.4 We are not responsible for delays outside our control. If our supply and/or installation of the products is delayed by an event outside our control (an event outside control includes but is not limited to any delays in completion of work required to be done by a third party service provider engaged by you preceding delivery and/or installation of our products) then we will contact you as soon as possible to let you know and we will take steps, as far as reasonably necessary, 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.
7.5 Collection by you. If you have asked to collect the products from our depot at Unit 1a, Somerford Business Park, Wilverley Road, Christchurch, BH23 3RU., you can collect them from us at any time during our working hours of 9.30am – 4.30pm on weekdays (excluding public holidays) and Saturdays and Sundays.
7.6 If you are not at home when the product is delivered. If no one is available at your address to take delivery on the date agreed with you at the date of the order, we will leave you a note informing you of how to rearrange delivery or collect the products from our depot at Unit 1a, Somerford Business Park, Wilverley Road, Christchurch, BH23 3RU.
7.7 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 th products from our depot at Unit 1a, Somerford Business Park, Wilverley Road, Christchurch, BH23 3RU we will contact you for further instructions and may charge you for storage costs and any further delivery costs as applicable. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9.2will apply.
7.8 If you do not allow us access toinstall. . If you have asked us to install the products for you and you do not allow us access to your property 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 9.2 will apply.
7.9 Your legal rights if we deliver late. You have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
7.10 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.8, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
7.11 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.8 or clause 7.9, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this.
7.12 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 you or a carrier organised by you collect it from us.
7.13 When you own goods. You own a product which is goods once we have received payment in full.
7.14 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 products to you, for example, colour, quality, delivery dates of the products ordered. If so, this will have been stated in the description of the products in our brochure or on our website. We will contact you in writing to ask for this information. 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 (see clause 9.1) 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 products 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.
7.15 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) make changes to the product as requested by you or notified by us to you (see clause 6); or
(c) the product has been withdrawn as per clause 9.3.
7.16 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 21 days; and we will refund any sums you have paid in advance for the product.
7.17 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 11.5) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 11.8). As well as suspending the products we can also charge you interest on your overdue payments (see clause 11.6).
8. Your rights to end the contract
8.1 You can always end the contract for the supply of a product before it has been completed. You may contact us to end your contract for a product at any time before we have delivered it or completed supplying it and you have paid for it, but in some circumstances we may charge you for doing so, as described below. Of course, you always have rights where a product is faulty or mis-described (see clause 10, "If there is a problem with the product").
8.2 What happens if you have a good reason for ending the contract. If you are ending a contract for a reason set out at (a) to (e) 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:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.1);
(b) 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;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for commercial reasons, or notify you we are going to suspend them for commercial reasons, in each case for a period of more than 30 days; or
(e) you have a legal right to end the contract because of something we have done wrong but see clause 7.8 in relation to your rights to on end the contract if we deliver late.
8.3 What happens if you end the contract without a good reason. If you are not ending the contract for one of the reasons set out in clause 8.2, then the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund your deposit amount or a nominal fee as reasonable compensation for the net costs we will incur as a result of your ending the contract.
8.4 Returning products after ending the contract. If you end the contract after products have been dispatched to you and (because we cannot recall them) they are delivered to you, you must return them to us. If you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you are exercising your legal rights to end the contract because of something we have done wrong then we will pay the costs of return. In all other circumstances you must pay the costs of return.
9. Our rights to end the contract
9.1 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:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, colour, quality, delivery dates of the products ordered;
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
(d) you do not, within a reasonable time, allow us access to your premises to supply the services.
9.2 You must compensate us if you break the contract.
(a) If you are consumer and if we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you either your deposit amount or a nominal fee as reasonable compensation for the net costs we will incur as a result of your breaking the contract.
(b) You must compensate us if you break the contract. If you are a business customer and if we end the contract in the situations set out in clause 9.1 we will may deduct or charge you either the full amount or a deposit amount paid by you for the products as reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 21 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
10. If there is a problem with the product
10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone at 01202480900 or email at email@example.com. Alternatively, please speak to one of our staff in-store.
10.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
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 0761074000.
If your product is goods, for example [furniture], 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:
If your product is services, for example [a contract for assembling furniture], the Consumer Rights Act 2015 says: