Terms and Conditions of Business
For Sales to an End Consumer
This document, (along with any documents referred to in it) tell you the Terms and Conditions under which we supply goods and / or services (Products) regardless of the method of order used by the customer, be it person, via our website or via phone or e‐mail.
Please read these Terms and Conditions carefully and ensure that you understand them before ordering any Products. By ordering any products, you agree to be bound by these Terms and Conditions.
1. About Us
1.1. We are iPlan Kitchens Limited, a company registered in England and Wales under company number 13409112 and with our registered office at iPlan Kitchens Limited, 58 Addison Road, Brierley Hill, West Midlands, DY5 3RR
1.2. We operate the website iplankitchens.com
1.3. We operate a showroom at 307 Halesowen Road, Netherton, Dudley, West Midlands, DY2 9NW
1.4. Our trading names are iPlan Kitchens and iplankitchens.com
2. Your Status
2.1. By placing an order, you warrant that:
2.1.1. You are at least 18 years old; and
2.1.2. you are legally capable of entering into binding contracts; and
2.1.3. you are resident in the United Kingdom; and
2.1.4. you have checked all the documentation and information provided by iPlan Kitchens and are satisfied that the order you are placing meets any requirements that you might have.
3. Quotations and information provided by iPlan Kitchens Limited
3.1. About the colour and finish of products:
3.1.1. We cannot guarantee that the colour of a product will match the colour you see on your screen or in printed materials. If an exact colour match is important to you then you should request or order colour samples prior to purchasing the final Products. Colour samples are also available to view in our showroom.
3.1.2. The quality and angle of lighting and sunlight when viewing the Product may alter the perceived colour of the Product.
3.1.3. Natural materials such as wood have a natural variation in appearance which is a desired trait. As such products made from natural materials may have an unavoidable variation in colour and finish.
3.1.4. Any samples provided, particularly painted products will have been produced in batches and the final Product may have a slight variation in colour or appearance where it is from a different batch to the sample.
3.1.5. If you are ordering Products to match those in an existing kitchen, not only can the new products be from a different batch (see 3.1.4) but the existing kitchen may have changed appearance from exposure to the room’s lighting conditions and prevalent direct sunlight.
3.2. Any quotation is an indication of price at the time the quotation is produced and is only valid for 30 days.
3.2.1 Furthrmore, should a significant price increase by our suppliers or a change in the rate of Value Added Tax occur during the 30 days that your quote is valid we may, at our discretion, refuse to honour a quotation. If we refuse to honour a quotation, we will produce a new one reflecting the increases in price for you to check prior to deciding whether to continue with your order at the increased price.
3.3. If you are placing your order in person at out showroom or by telephone and that order is based on a quotation that iPlan Kitchens have provided, then:
3.3.1. regardless of any other communication, conversation, or the customer’s perception, only the Products documented in the Quotation will be supplied by iPlan Kitchens. Any other products and / or services are not part of your order with iPlan Kitchens.
3.4. If you are placing your order online via our website(s), then:
3.4.1. Regardless of any prices you have ‘saved’ or printed via our website, or any quotation supplied by us, the costs of your order will always be calculated from the current price(s) on our website at the time of the order.
3.4.2. We may refuse to accept any order where we suspect or discover that a customer has altered the pricing or description of any product or product via manipulation of site code, URLs or other method designed to defeat or alter the proper operation of the website.
3.4.3. We may refuse any order where the pricing is in error due to a mistake in, or inaccurate pricing data in our website or quotation system.
3.4.4. We do not have to honour any special offer or discount where that discount or code has expired, regardless of whether our website or any other system accepts any expired discount or special offer, furthermore, we are not responsible for any expired offers or discount that are obtained via a third-party website, publication or word of mouth.
3.4.5. Where any special offer or discount is offered by a printed periodical, unless otherwise stated the expiry date is the next date that the publication is issued.
- Third‐Party Products and Services
4.1. Please note that in some instances we may, for your convenience, accept and pass on a payment on your behalf for a Third‐Party. Where a product or service is supplied directly to you by a third‐party the resulting legal contract is between you and the third‐party. Any third‐party may have their own Terms and Conditions and you should read their Terms and Conditions before agreeing to them. Furthermore:
4.1.1. We shall not be liable or responsible for any loss that results from the failure of products supplied by a third party to perform as expected, or for the third‐party not performing a service as expected, or where damage is caused to your products or property by a third‐party.
4.2. We will wherever possible identify any product or service that is to be supplied by a third‐party.
4.3. Any details provided to you about a third‐party by iPlan Kitchens are provided purely as a convenience to you and is not a recommendation or endorsement of that third‐party. It is your responsibility to ensure that any product or service supplied by a third‐party is suitable.
- The Contract Between You and Us
5.1. A quotation or online prices supplied by iPlan Kitchens Limited constitute an offer to supply you with those products.
5.2. You signify acceptance of our offer by:
5.2.1. formally placing an order online, in our showroom, or over the telephone, and / or email:
5.2.2. making an initial payment (Deposit) towards your order, and / or.
5.2.3. signifying your intention to go ahead with the purchase of the contents of our quotation either verbally, in writing, or via e‐mail.
5.3. Once you have accepted our offer (placed your order) we will acknowledge your order by suppling an Order Acknowledgement, this does not signify acceptance of your order.
5.4. We will check your order details and if everything is as it should be, we will formally accept your order in writing or by e‐mail, at which point a contract exists between us.
5.5. If you placed your order via our website, then you have a right to cancel your order until 14 days after the items in your order are delivered, however:
5.5.1. You cannot return or cancel any part of your order that is being custom manufactured for you, which would include kitchen units, once manufacture of those items has commenced or been completed.
5.5.2. If you cancel your order after delivery, you are liable for any delivery charges and you must return any items, we have delivered to you, at your expense, in a saleable, undamaged, unused, and as new condition.
5.5.3. iPlan Kitchens may make reasonable charge for any services that we have performed in respect of your order up until the time that you cancelled.
5.5.4. If the value of the goods that you are not entitled to cancel and the cost of any services which have already been supplied exceeds the amount of money that you have paid at the time of cancellation you are still liable to pay the difference.
5.6. Please note, if you accepted our offer while you were in our showroom (see section 5.2) then the contract between us is exempt from any distance selling regulations, regardless of how payments were subsequently made or if any variations to the contract were made by any other method. As such there is no right of cancellation of your order and the full balance of any payments outstanding remain due.
- Payment Terms
6.1. Unless otherwise stated in your Order Acknowledgement the timescale for payment for your order are as follows:
6.1.1. An initial payment (Deposit) 50% of your order value is due when placing your order, and:
6.1.2. A final payment to settle all outstanding monies due to iPlan Kitchens 3 working days prior to delivery of your order.
6.1.3. Any delay to the delivery of your order by you does not change the payment schedule and any payments remain due on the original due date.
6.2. Any payment made, including your initial payment (Deposit) is non‐refundable, except where you have a right to cancel as described in section 5.5.
6.3. In the event of a dispute of disagreement, under no account may any amount of money that is greater than the value of the item(s) that are disputed be withheld or charged back via your card issuer from iPlan Kitchens. Payment for any item(s) that are not disputed remains due in full.
6.4. Acceptable methods of payment include:
6.4.1. A Debit or Credit card issued in the United Kingdom, or:
6.4.2. Direct transfer to our bank account, or:
6.4.3. Cash (by prior arrangement).
6.5. Where payment is via Direct Transfer or Cash, we cannot, by law, accept monies totalling the equivalent of €7500 (Euros) or more unless the customer provides additional identification, and we provide details of the transaction(s) to HM Revenue and Customs.
- Title of Goods
7.1. All goods remain the property of iPlan Kitchens Limited until they have both been paid for in full and delivered to you.
7.2. In the event of a problem with any payment not clearing or being recalled, stopped, or blocked, title of any goods which have not been paid for in full immediately reverts to iPlan Kitchens Limited, except where for any item(s) which form part of a dispute as described in section 6.3.
7.3. Any goods which are owned by iPlan Kitchens Limited that are in the possession of the Customer must reasonably be made available for collection by iPlan Kitchens Limited upon request.
- Design Service
8.1. Our design and quotation services are free, subject to reasonable usage and the customer being forthcoming in providing the information needed and making timely decisions.
8.2. We may, at our discretion, make reasonable charges for our Designer’s time where the amount of time spent working on your designs or quotation is excessive.
8.3. Where a design and / or quotation is based on dimensions that you provided or a quote from a competitor it is your responsibility to ensure that the information provided is suitable and correct. If problems with your kitchen design or quotation are because of incorrect, unsuitable, or insufficient information being provided by you then iPlan Kitchens will not be held responsible, furthermore:
8.3.1. any additional item(s) that are required due to failure on your part to supply accurate information will be charged at full price, and:
8.3.2. any item(s) that cannot be used may not be returned or refunded without agreement by iPlan Kitchens in writing, and if allowed will be subject to a 25% restocking fee.
- Warranties and Guarantees
9.1. All items except kitchen cabinets carry a guarantee or warranty which is provided by its manufacturer. If any of these items develops a fault within 28 days of delivery you may return the item to us (at your expense) for a refund or replacement of that item. In all other instances you should refer to the documentation provided with your delivery and contact the manufacturer to resolve any issues.
9.2. Where kitchen cabinets are concerned, iPlan Kitchens are considered to be the manufacturer of the item and we warrant that the cabinet shall be free from manufacturers defect, be of suitable quality and fit for the purpose for which is it is intended for a period of 20 years from the date it was supplied, except where any issue was caused by:
9.2.1. fair wear and tear, or:
9.2.2. wilful damage, accident, or neglect by you or a third party, or:
9.2.3. any alteration or repair that was carried out without the permission of iPlan Kitchens, or:
9.2.4. damage or issues arising from the product being incorrectly fitted by you or a third party, or
9.2.5. using the product for a purpose for which it was not intended.
- Our Liabilities
10.1. Subject to clause 10.4, if we fail to comply with these Terms and Conditions, we shall only be liable to you for up to the purchase price of the Products and, subject to clause 10.2, any losses that you suffer because of our failure to comply (whether arising from contract, tort, including negligence) which are a foreseeable consequence of such failure.
10.2. Subject to clause 10.4, 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 of revenue
10.2.2. loss of business
10.2.3. loss of profits
10.2.4. waste of your time or the time of any third party
10.3. However, clause 10.2 will not prevent claims for loss or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories 10.2.1. to 10.2.4
10.4. We only supply Products for domestic and private use. You agree not to use the Products for any commercial, business or resale purpose, and we have no liability where your Products are used other than for domestic or private use.
10.5. Nothing in these terms and conditions limit our liability for:
10.5.1. death or personal injury caused by our negligence; or
10.5.2. fraud or misrepresentation; or
10.5.3. any breach of obligation imposed on us under English law.
10.6. Where kitchen or bedroom units are ordered by you to your specific measurements, we accept no liability where you have failed to allow adequate room for ventilation or have ordered incorrect sizes.
- Our Right to Vary or Cancel
11.1. We reserve the right to cancel the contract between us if:
11.1.1. we or our suppliers have insufficient stock to deliver the Products you have ordered, or such Products have been discontinued
11.1.2. one or more Products you ordered were at an incorrect price
11.1.3. you are behaving in a threatening or abusive manner to a member of our staff
11.2.1. we reserve the right to provide substitute Products to you of the equivalent quality or price at our discretion instead of exercising our right to cancel in clause 11.1. If you exercise your right to cancel as set out in clause 5.5 and we have provided substitute products the cost of returning any substitute products will be met by us.
11.3. If we do cancel the contract between us, we will notify you as soon as possible in writing or by e‐mail and will refund any sums paid as soon as possible but in any event within 30 days of cancelling. We will not be liable for any additional compensation.
12.1. Unless otherwise stated deliveries are to the front door on the ground floor of the building we are delivering to.
12.2. For larger items and full kitchens an able‐bodied person is required to assist with offloading the delivery, alternatively, you may pay extra for us to provide an additional member of delivery staff to be present and assist with offloading the delivery.
12.3. If you have engaged your own fitter and they are assisting with offloading the delivery, it is your responsibility to ensure that any tradespeople you employ have adequate insurance against damages when offloading your delivery.
12.4. It is the customer/recipients responsibility to inspect the delivery and report any damages to us within 48 hours of receipt. Replacements for damages reported after 48 hours of delivery, or for items that have been used or modified on site (for example, drilled for hinges / handles) will be chargeable.
12.4.1. Deliveries by 3rd party couriers that are clearly damaged must be signed for as damaged.
- Problems and Disputes
13.1. If you have a problem with your order or think something is wrong, please contact our Customer Service department on 0800 644 0300 or e‐mail email@example.com and we will endeavour to come to an amicable solution.
13.2. We will always deal with any issues in a polite, courteous, and friendly manner and expect that you communicate with our staff in a similar manner, furthermore:
13.2.1. although we appreciate that when problems occur, they can and do cause an emotional response in our customers, we may refuse to resolve an issue while the customer is being abusive or displaying unreasonable or threatening behaviour towards our staff, or where such behaviour is repeated and / or constant we may suspend communication permanently with the customer.
13.3. If we are unable to resolve your issue(s) or you do not agree with the resolution we have offered, and you ordered your kitchen online or over the phone you have a right to third party assistance with resolving any issues via The Furniture Ombudsman.
14.1. If any court or competent authority decides that any of the provisions in 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 of the law.