Terms & Conditions
Terms & Conditions of Sale
1.1. The following Conditions shall apply to all contracts concluded by Uspec Kitchens. In these Conditions, the following words shall have the following meanings: the Seller/Company shall mean Uspec Kitchens part of Fitted Furniture Systems Ltd at BT23 4YH, Company Number NI642974, VAT registration number 258475466. The Goods shall mean the products which are supplied by the Seller in accordance with these Conditions. You / The Buyer shall mean the person, firm or company entering into the Contract to purchase the Goods from the Seller.
2. Your Status
2.1. By placing an order through our website you are entering into a contract with us, and as such you are accepting 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 have read and understood the guidance on our site as to how orders should be made; and
2.1.4. you are resident in the United Kingdom.
3. Samples and Quotations
3.1. Samples supplied either through the website, or viewed in person are provided solely to give an indication of the products they describe. They are not to provide an exact representation of the size, colour, quality, of the final product.
3.2. All quotations given for goods are given on the basis that a binding contract shall only come into existence in accordance with clause 4. A 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shall be valid for a period of 30 calendar days from its date of issue unless we notify you in writing that we have withdrawn it during this period.
3.3. All contracts must be agreed and issued in writing. Telephone enquiries and verbal advice in relation to our Products are provided for assistance and do not create any further obligations to you from us contractual or otherwise, unless any such representations made are agreed with you in writing by a director or our company. Save in relation to fraud or fraudulent misrepresentation, we shall have no liability for any representations not agreed in writing, even if they prove untrue or misleading.
4. Formation of Contract
4.1. After placing an order, you will receive an e-mail acknowledging that we have received your order. This does not mean that your order has been accepted. 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 that confirms that the Product has been dispatched (Dispatch Confirmation). The Dispatch 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 Dispatch Confirmation.
4.2. The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5. Availability and Delivery
5.1. Product ranges are updated regularly and therefore we cannot guarantee continuity of supply. We therefore recommend that you purchase all of your requirements at once. We cannot accept responsibility for any subsequent changes in design, style or specification to your chosen product range.
5.2. As some products are subject to availability from our suppliers, we can only give general guidance as to availability. We therefore cannot accept any liability for any delay or failure to deliver goods on a specified day that is beyond our reasonable control.
5.3. Delivery dates cannot be guaranteed and we will advise you if we become aware of an unexpected delay. A new delivery date will subsequently be arranged.
5.4. If you do not take delivery of an order on the specified delivery date, we will notify you of the failure to deliver, and the reason for that failure be it a failure on your part to provide clear instructions, access, or inaccurate information, or by ourselves. Except where this failure is caused by our failure to comply with these terms and conditions we will store the products until a delivery can take place and may charge you a reasonable sum of £20 a day to cover the cost of storage.
5.5. We shall have no liability to you or third party costs you may incur for late delivery.
5.6. For all deliveries, you must ensure that:
5.6.1. Road access to the delivery premises is suitable, practical and adequate for the vehicle and unloading can be conveniently and safely carried out without obstruction.
5.6.2. At the time of delivery, you or your agent (who must be over 18) must:
18.104.22.168. Produce your copy of the order to the delivery driver
22.214.171.124. Be responsible for checking the quantity of goods delivered
126.96.36.199. Confirm receipt by signing the delivery documentation provided by the delivery driver.
5.7. Where delivery has taken place as agreed but we were unable to leave the products we will have the right to charge an additional delivery fee for a delivery at a later date.
5.8. If delivery of the products has not been made within two weeks of you receiving notification of their availability, we may resell or dispose of part or all of the Products and, after deducting reasonable storage and selling costs, charge you for any excess over the price of the products or charge you for any shortfall below their original price.
5.9. In the event that we cannot deliver the whole of the order at one time due to stock shortage or operational reasons, we will deliver in instalments. You will not be charged for additional delivery costs.
5.10. Upon delivery of the products you must report to us within 3 working days any defect, fault, or error before the product is installed. 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.
5.11. We shall have no liability for any claim in respect of an alleged defect, fault or error once a product has been modified, in any way altered or allowed to deteriorate from its original condition.
6. Third Parties
6.1. 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.
6.2. 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.
6.3. 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.
7. Risk and Title
7.1. The Products will be your responsibility from the time of delivery.
7.2. 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 and all other debts or services owed by You, the Buyer to the Company on any account, contract or agreement.
8. Price and Payment
8.1. 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.
8.2. Product prices exclude VAT.
8.3. 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 a Dispatch Confirmation with the exception of areas of restricted delivery service such as Grampian, Highlands and Islands were a delivery surcharge may be applicable.
8.4. 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.
8.5. If the pricing error is obvious and unmistakable 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.
9. Returns and Refunds
9.1. Please ensure that appropriate insurance cover is used when returning items to us. We cannot be held responsible for damage of goods in transit.
9.2. In all circumstances you are responsible for the costs of returning products.
9.3. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
9.4. If you are returning a product to us as part of the seven-day cooling off period, we will process the refund to you as soon as practically possible. You are responsible for returning the products to us in a good and saleable condition. Products returned after the 10 day period will be subject to a restocking charge of up to 25%.
9.5. All cabinets and doors are made specifically for each order and have a high degree of customisation relating to your order specifications. Consumers cannot cancel, return or obtain refunds for these items (Unless manufactured incorrectly by Uspec Kitchens). It is essential that you are happy with your kitchen order prior to confirming/paying for the order online on our website.
9.6. If you return the Products to us for any other reason for instance, because you consider that the Product is defective, or 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 whether we are able to offer:
9.6.1. A full or partial refund via e-mail within a reasonable period of time;
9.6.2. Replace the product with a like for like item;
9.6.3. Repair the product.
9.7. Refunds are usually undertaken by the same method originally used to pay for the goods.
9.8. These terms and conditions will apply to any repaired or replacement Products we supply to you.
10.1. We warrant to you that any Product purchased from us through our site 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.
10.2. This warranty does not apply to any defect in the Products arising from:
10.2.1. fair wear and tear;
10.2.2. wilful damage, accident or negligence by you or any third party;
10.2.3. if you use the Products in a way that we do not recommend;
10.2.4. your failure to follow our instructions;
10.2.5. any alteration or repair you carry out without our prior written approval; or
10.2.6. any incorrect instructions or plans submitted by you on our site to enable us to provide the Products.
10.3. Our site is provided on an "as is" basis and we make no representations or warranties of any kind in respect of our site, including, without limitation, any warranties relating to accuracy or completeness of our site or suitability of the information provided
11. Our Liability
11.1. If we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.
11.2. 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:
11.2.1. loss of income or revenue;
11.2.2. loss of business;
11.2.3. loss of profits;
11.2.4. loss of anticipated savings;
11.2.5. loss of data; or
11.2.6. waste of management or office time.
11.3. Our Products are for domestic and private use only. You agree not to use the Products for any commercial, business or re-sale purpose, and we have no liability to you where Products are used other than for domestic and private use.
11.4. 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.
11.5. 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.
11.6. 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.
11.7. You are responsible for the installation of any appliances and that the carcase is suitable for that particular appliance and the required ventilation. We accept no liability for appliance failure as a result of inadequate ventilation or poor installation.
12. Cancellation by You
12.1. To cancel a Contract, you must inform us in writing. You must also return any samples and Products to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
12.2. Due to the bespoke nature of our cabinet and door products, it is not possible to cancel or return orders once they have entered the production stage or have been delivered.
12.3. Where the Products have been made to your specification or clearly personalised you do not have the right to cancel the Contract.
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 cancel your Contract we will notify you by e-mail and will credit you by any sum deducted by us relating to payment for the cancelled contract. We will not be liable to pay any additional compensation.
13.3. If we or our suppliers have insufficient stock to deliver the Products you have ordered or such Products have been discontinued we reserve the right to provide substitute Products to you of the equivalent quality and price at our discretion instead of exercising our right to cancel.
14. Written Communications
14.1. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15.1. All notices given by you to us must be given to Fitted Furniture Systems Limited, Sketrick House, Jubilee Road, Newtownards, BT23 4YH or by email to email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
16. Transfer of rights & obligations
16.1. The contract between you and us is binding on you and us and on our respective successors and assignees.
16.2. 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.
16.3. 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.
17. Events outside our control
17.1. 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).
17.2. 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:
17.2.1. strikes, lock-outs or other industrial action;
17.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
17.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
17.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
17.2.5. impossibility of the use of public or private telecommunications networks;
17.2.6. the acts, decrees, legislation, regulations or restrictions of any government; and
17.2.7. pandemic or epidemic.
17.3. 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.
18.1. 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.
18.2. A waiver by us of any default will not constitute a waiver of any subsequent default.
18.3. 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 in accordance with clause 14 above.
19.1. 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.
20. Law & Jurisdiction
20.1. Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Northern Irish Law. Any dispute or claim arising out of or in connection with such Contracts or their formation will be subject to the exclusive jurisdiction of the courts of Northern Ireland (including non-contractual disputes or claims).
21. Our right to vary these terms & conditions
21.1. 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.
21.2. 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 Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions).
22. Data Protection
22.1. We will use your information to administer your order, including passing your details to third party delivery services.
22.2. We process all personal data in accordance with the Data Protection Act 1998.