Terms and Conditions
1.1 These terms and conditions shall govern the sale and purchase of products through our website. 1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website. 1.3 This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).
2.1 “Conditions” means these terms and conditions.
2.2 “Contract” means the contract for the sale and purchase of the Goods made between you and us through the Website.
2.3 “Goods” means the goods to be supplied by us to you pursuant to the Contract.
2.4 “Territory” shall mean mainland England, Scotland, and Wales (excluding, for the avoidance of doubt, Northern Ireland, Isle of Wight, Isles of Scilly, Hebrides, Orkney, Shetland, Isle of Man, and the Channel Islands).
2.5 “we” means Surfaces Direct and “us” and “our” shall be construed accordingly.
2.6 “you” means the person, firm or company that places an order with us through our Website, and “your” shall be construed accordingly.
3. Our Details
3.1 This website is owned and operated by Kitchens on Line (KOL) Limited
3.2 We are registered in England and Wales under registration number 11181485, and our registered office is C/O Baty Casson Long, Windsor House, Cornwall Road, Harrogate, North Yorkshire, United Kingdom, HG1 2PW
3.3 Our principal place of business is at Little Moorland Mill, Moorland Road, Drighlington, Bradford BD11 1JY
3.4 You can contact us by writing to the address given above or by using our website contact form.
4.1 Orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on the Website.
4.2 All prices are displayed in pounds Sterling inclusive of UK VAT. We reserve the right to increase prices to reflect any increase in UK VAT, without notice to you.
4.3 The dimensions, images, drawings and capacities shown on the Website are approximate only and images are exclusively for illustration purposes only.
4.4 Whilst we try to display the colours of products accurately on the Website, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery.
4.5 All Goods shown on our Website are subject to availability. We will inform you as soon as possible if the Goods you have ordered are not available. We may offer to supply you with alternative products of equal or higher quality and value (which you will be free to accept or decline). If you do not wish to accept these alternative products, you may cancel the order and receive a full refund.
5.1 Our prices are quoted on our website.
5.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
5.3 All amounts stated in these terms and conditions or on our website are as stated inclusive of VAT.
5.4 It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
5.5 In addition to the price of the products, you may have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.
6. Ordering your goods
6.1 During the checkout process, you will be asked to complete your payment details. All fields indicated as compulsory must be completed. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
6.2 When you place an order to purchase Goods from us, we will send you an email confirming receipt of your order, which will contain the details of your order. This does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.3.
6.3 Your order will be accepted by us when we send you an email confirming that the Goods have been dispatched to you (“Dispatch Confirmation”) at which point the Contract between us will be formed. If no such email is sent, the Contract between us will be formed when the Goods are delivered to you.
6.4 We reserve the right not to accept your order for reasons including, but not limited to, the following:
- The Goods you ordered being unavailable from stock,
- Our inability to obtain authorisation for your payment,
- The identification of a pricing or product description error, or
- You not meeting the eligibility to order criteria set out in these Conditions
7.1 We will arrange for products you purchase to be delivered to the delivery address you specify during the checkout process.
7.2 Please read our delivery terms (section 7) prior to placing your order.
Delivery Time Scales
7.3 Within 24 hours of placing your order, you will receive confirmation of a delivery date. Despatch and delivery are based on the company’s best information at the time quoted, but this date should be regarded as approximate only. We will always endeavour to communicate with you where changes may occur.
7.4 Your delivery can arrive at any time between 7.30am and 5.00pm on the agreed delivery date, but you will normally receive a call from the driver on the day, advising you of your time slot.
7.5 Failure to deliver at the time stated will not be sufficient cause for cancellation and the company will not be liable for any losses, costs, damages or expenses consequential or otherwise suffered by the purchaser.
7.6 The company cannot be held responsible should you have removed your old worktops or started your kitchen fit before receiving and checking your delivery of worktops.
7.7 We will only deliver goods to addresses on the UK mainland including England, Scotland and Wales. However, we cannot guarantee every product will be available for delivery to every postcode. By using the Surfaces Direct Postcode Checker, you will only be presented with products that can be delivered to your postcode.
7.8 The delivery address must be easily accessible and it is the customer’s responsibility to advise if access is restricted or that there are height restrictions or turning issues. The delivery vehicle will be about the size of a fire engine.
7.9 Drivers will deliver your goods to the nearest kerbside so you must ensure there is space to do so.
7.10 The driver has the right to refuse to deliver the goods if he deems the location unsafe to deliver to, or there is insufficient help to offload the goods.
7.11 There must be two able bodied persons available to assist the driver in off loading and carrying laminate worktops and solid surface worktops. Worktops can be very heavy.
7.12 Failed deliveries due to the customers fault will incur charges for re-delivery.
7.13 Should Surfaces Direct make an error in delivery, we will endeavour to re-deliver on the next allocated delivery day to your area.
7.14 Failure to deliver on the specified date due to reasons beyond our control such as road closures, bad weather, accidents etc will not render the company liable for any costs incurred by the customer.
8.1 This Section 8 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
8.2 You may cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period:
- (a) beginning upon the submission of your offer; and
- (b) ending at the end of 14 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the contract is for delivery of multiple products, lots or pieces of something, 14 days after the day on which the last of those products, lots or pieces comes into your physical possession or the physical possession of a period identified by you to take possession of them).
8.3 In order to cancel a contract on the basis described in this Section 8, you must inform us of your decision to cancel. You may inform us by means of any clear written statement setting out the decision. In the case of cancellation, you may inform us using the Cancellation Form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
8.4 If you cancel a contract on the basis described in this Section 8, you must send the products back to us via our distributors, address to be notified to you or hand them over to us or a person authorised by us to receive them. You must comply with your obligations referred to in this Section 8 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products.
8.5 If you cancel an order in accordance with this Section 8, you will receive a full refund of the amount you paid to us.
8.6 If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be "beyond what is necessary to establish the nature, characteristics and functioning of the products" for these purposes.
8.7 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. You will not incur any fees as a result of the refund.
8.8 Unless we have agreed to collect the product(s) we will process a refund due to you as a result of a cancellation on the basis described in this Section 8 within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.
8.9 If we have agreed to collect the item(s) then a charge of not less than £40 (England & Wales) / £60 (Scotland) will have to be paid prior to the collection date. This amount is non-refundable.
8.10 You will not have any right to cancel a contract as described in this Section 8 insofar as the contract relates to:
- (a) the supply of goods which are liable to deteriorate or expire rapidly;
- (b) the supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by you, or goods that are clearly personalised;
- (c) the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed by you
- (d) the supply of goods which are, according to their nature, inseparably mixed with other items after delivery.
8.11 We reserve the right to cancel the contract (order) between us if:
(a) there is insufficient stock to deliver the goods you have ordered. If this is the case we will contact you to advise of an availability date or to offer you a substitute product of equal or greater value than the original.
(b) one or more of the goods you ordered was listed at an incorrect price due to a typographical error.
Model Cancellation Form
To: Kitchens Online (KOL) Limited, Little Moorland Mill, Moorland Road, Drighlington, Bradford BD11 1JY
I/We* hereby give notice that I/We* cancel my/our*contract of sale of the following goods (detail goods here)
Ordered on (insert order date here) / Received (insert date here)
(Name of consumer)
(Address of consumer)
(Signature of consumer)
*Delete as appropriate
9. Warranties and representations
9.1 You warrant and represent to us that:
- (a) you are legally capable of entering into binding contracts;
- (b) you have full authority, power and capacity to agree to these terms and conditions;
- (c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
- (d) you will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy.
9.2 We warrant to you that:
- (a) we have the right to sell the products that you buy;
- (b) the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
- (c) you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;
- (d) the products you buy will correspond to any description published on our website; and
- (e) the products you buy will be of satisfactory quality.
9.3 All of our warranties and representations relating to the supply of products are set out in these terms and conditions.
10.1 If we fail to comply with these Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
10.2 We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or re-sale purposes, and as such, any losses arising from such use will not be foreseeable by us, and will not be recoverable by you from us. Furthermore, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.3 We do not in any way exclude or limit our liability for:
10.3.1 death or personal injury caused by our negligence;
10.3.2 fraud or fraudulent misrepresentation;
10.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
10.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
10.3.5 defective products under the Consumer Protection Act 1987.
10.4 If you are a business customer or if you subsequently use the Goods in relation to a business, then notwithstanding your breach of these Conditions, our liability to you will (subject always to clause 10.2) be limited to the value of the Goods in relation to which the liability arises
11. Data Protection
12.1 If we have to give you notice in writing we will do so by email or post to the address you provide to us in your order. If we contact you by email you agree that such communications will comply with any legal requirement that such communications be in writing.
12.2 A person who is not a party to the Contract shall not have any rights under or in connection with it.
12.3 These Conditions shall not create any agency or partnership between us and you or any third party.
12.4 We may assign, license, or sub-contract all or any part of its rights or obligations under a Contract. This Contract is personal to you and you may not assign, license, or sub-contract all or any of its rights or obligations under these Conditions without our prior written consent.
12.5 Where we do not take action against you for any breach of the Contract, we shall not be prevented from taking action against you in respect of that or any subsequent breach of the same or any other provision.
12.6 Where any competent authority deems any clause of these Conditions to be invalid or unenforceable in whole or in part, then the offending part shall be removed and the validity of the remainder of these Conditions shall not be affected.
12.7 These Conditions are governed by English law. This means a Contract for the purchase of Goods through our Website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the Courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
12.8 We reserve the right to monitor and record telephone calls our staff receive and make in order to monitor staff performance and ensure the highest service possible to our customers.
12.9 We reserve the right to make changes to these terms and conditions in the future. Any changes will be posted to the Website and will take effect immediately. The Conditions in force at the time you submit your order to us shall apply to any Contract between us arising as a result of our acceptance of that order