Terms and Conditions of Sale
Where to find information about us and our products
You can find everything you need to know about us, Elfin Kitchens Limited, and our products on our website, in our catalogue or from our sales staff before you order. Depending whether you purchase our products online or in person, we also confirm the key information to you in writing before or after you order, either by email, or on paper.
elfinkitchens.co.uk is a site operated by Elfin Kitchens Limited. We are registered in England and Wales under company number 05709783 and have our registered office at Elfin House, 3 Pedders Close, Colchester, Essex, CO3 4QX which is also our main trading address.
To contact us, please email [email protected] or telephone us on 01206 545700.
We don’t give business customers all the same rights as consumers
For example, business customers can’t cancel their orders, they have different rights where there is a problem with a product and we don’t compensate them in the same way for losses caused by us or our products. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.
If you are a business customer this is our entire agreement with you
If you are a business customer these terms and all additional terms contained on our website constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
All deliveries by Elfin Kitchens are a kerbside delivery as standard.
We commonly use palletised freight companies, as they are used to delivering larger and heavier items that are harder to deliver.
Once you have placed an order online, we will contact you within 24hrs Monday – Friday, we like to confirm the order details to make sure you have the perfect kitchen set up and all is correct before the kitchen get dispatched and delivered.
Our website is designed to help you through the purchasing process. You can place your order online or over the phone at the same great price and we’ll email a copy of your order request to you. By placing your order online or over the phone you agree to the following terms. Order acceptance takes place in accordance with our terms.
What is kerbside delivery?
Kerbside delivery means that items will be delivered to the nearest kerbside at the address specified. Our freight drivers will position their vehicle as close as possible to the delivery address and unload the palletised goods into a spot on the kerbside that is safe and keeps the pallet secure. This is to ensure the safety of the driver, the customer, and the general public.
How can we help you with kerbside delivery?
Any pallets you have ordered will be unloaded safely from the truck to the ground by our trained drivers using a tail-lift. We will make sure that the goods are left in a safe and stable spot on the kerb. However, we will not be able to assist you in transporting items from the kerbside spot to any building. The delivery driver will always have to work within health and safety guidelines.
We will not be able to move goods further than our pallet trolley permits, and we will be unable to deliver to steep hills, gravel driveways or other unusual conditions.
If you are not sure if your chosen spot is suitable for kerbside delivery, please speak to us on 01206 545700.
How should I prepare?
Make sure you know how many boxes or items are in your delivery and have assistance available to move everything from the kerbside spot to its final destination. You may need assistance as some items are large and heavy and require at least a two-person lift.
When using kerbside delivery, you will need to consider:
- Local time restrictions for delivery vehicles in the kerbside delivery spot.
- Areas close by that cannot be accessed by delivery vehicles, such as pedestrian-only zones.
- The surface of the road and the pavement in your kerbside area – the ground needs to be hard and even.
- If you have restricted access or parking, please let us know when ordering so we can find a solution in advance of the delivery turning up.
Delivery by instalments
We may deliver your products to you by instalments.
Changing your delivery date
You can change your delivery date by emailing [email protected] or by calling us on 01206 545700 – This must be done before the unit is dispatched.
If you are unable to take delivery of the products as arranged then we shall store the products until you are able to do so, and you will be required to pay us all storage charges including insurance that we incur until delivery takes place.
Once kerbside delivery of the products has completed, the products become your risk and not ours. You should consider insuring them from this point.
We contact you to confirm we’ve received your order and then we either contact you again to confirm we’ve accepted it or we accept it when we dispatch or supply the product and confirm dispatch or supply to you.
Further information about the ordering process can be found here.
Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because you are located outside the UK or the delivery areas as stated on our website, or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.
However, for some products we take payment at regular intervals, as explained to you during the order process.
You will own the goods once we have received payment for them in full.
If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
If we’re unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 5% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
If our supply of your product is delayed by an event outside our control, such as (but not limited to) adverse weather, strikes, civil unrest, war, government action, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial you can contact us to end the contract and receive a refund for any products you have paid for in advance, but not received, less reasonable costs we have already incurred.
Time for delivery shall not be the essence of your contract with us. This means that if there is a short delay in the supply of your products then we are not required to compensate you for that delay.
If for any reason shortages occur in the supply of your products, we may allocate our available supply among our customers as we see fit. This could mean that you are delayed in receiving your products or that you do not receive all of your products at the same time.
A product’s true colour may not exactly match that shown on your device or in our marketing or its packaging may be slightly different. Because of the way in which our products are manufactured, all sizes, weights, capacities, dimensions and measurements indicated on our website can be out by up to 2%.
If we’re making or supplying the product to measurements you provide, you’re responsible for making sure those measurements are correct. Please contact us in advance of ordering for information and tips on how to measure.
We charge you additional sums if you don’t give us information we’ve asked for within a reasonable period of us asking you for it.
Your legal right to change your mind. For most of our products bought online, by mail order, or over the telephone, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.
When you can’t change your mind. You can’t change your mind about an order for:
- goods that are made to your specifications or are clearly personalised; and
- goods which become mixed inseparably with other items after their delivery.
The deadline for changing your mind. If you change your mind about a product you must let us know no later than 14 days after the day we deliver your product.
How to let us know. To let us know you want to change your mind see our Returns Policy.
You have to return the product at your own cost. You have to return any product to us (including any free gifts provided with it) within 14 days of your telling us you have changed your mind. Returns are at your own cost and at your own risk. You can:
- bring the product to our showroom by prior agreement with our Customer Service Team. You will need your email receipt and the card you paid with.
- send the product back to us. If you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won’t refund you the price. For help with returns, including our collection arrangements for goods which can’t be posted, see our Returns Policy
We reduce your refund if you have used or damaged a product. If you handle the product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product’s condition is not “as new”, tags have been removed, the packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due.
When and how we refund you. We will refund you within 14 days of receiving them back from you We refund you by the method you used for payment.
Return the product to us. If you think there is something wrong with your product, you must either bring it to us or contact us.
Your rights and remedies if you are a consumer. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions.
Summary of your key legal rights
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:
Up to 30 days: if your goods are faulty, then you can get a refund.
Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
Your rights if you are a business. We warrant that on delivery, and for a period of 12 months from the date of delivery (warranty period), any products shall:
- conform in all material respects with their description and any relevant specification;
- be free from material defects in design, material and workmanship;
- be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
- be fit for any purpose held out by us.
Your remedies if you are a business. Unless an exception applies (see Exceptions to business customers’ warranty) if:
- you give us notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the business customer warranty (see Your rights if you are a consumer);
- we are given a reasonable opportunity of examining such product; and
- you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full and this will be your only remedy for breach of the warranty. These terms shall apply to any repaired or replacement products supplied by us.
Exceptions to business customers’ warranty. We will not be liable for a product’s failure to comply with the business customer warranty (see Your rights if you are a business ) if:
- you make any further use of such product after telling us it is non-compliant;
- the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
- the defect arises because we followed any drawing, design or specification supplied by you;
- you alter or repair the product without our written consent; or
- the defect arises because of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
Changes we can always make. We can always change a product:
- to reflect changes in relevant laws and regulatory requirements; or
- to make minor technical adjustments and improvements.
Changes we can only make if we give you notice and an option to terminate. We can also make more significant changes to the products, but if we do so we’ll notify you and you can then contact us to end the contract before the change takes effect and receive a refund for any products you’ve paid for in advance but won’t receive should you choose not to accept the change.
We do this to:
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements;
- make changes to the product; or
- due to supply or manufacturing difficulties.
We can stop providing a product. We let you know soon after we become aware of the situation and will refund any sums you’ve paid in advance for products which won’t be provided.
We can end our contract with you for a product and claim any compensation due to us if:
- you don’t make any payment to us when it’s due and you still don’t make payment within 14 days of our reminding you that payment is due;
- you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product;
- you don’t, within a reasonable time, either allow us to deliver the product to you or collect it from us. If you have said you will collect a product but you don’t do this within 3 working days of the agreed collection date then (unless the product is made to your specifications or is clearly personalised) we treat your order as cancelled and refund the purchase price.
Our liability to consumers. We’re responsible for losses you suffer caused by us breaking this contract unless the loss is:
- Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
- Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We’re not responsible for delays outside our control.
- Avoidable. Something you could have avoided by taking reasonable action.
- A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited is described below.
Our liability to businesses. If you’re a business, then, except in respect of the losses described in Losses we never limit or exclude :
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 250% of the total sums paid by you for products under such contract.
Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
- defective products under the Consumer Protection Act 1987.
No implied terms about goods. Except to the extent expressly stated in Your rights if you are a business , we exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.
Our complaints policy. Our Customer Service Team will do their best to resolve any problems you have with us and in the first instance you should contact us.
Resolving disputes without going to court (consumers only). Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you’re not satisfied with the outcome you can still go to court.
You can go to court. These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.
We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We’ll tell you in writing if this happens and if you are a consumer we’ll ensure that the transfer won’t affect your rights under the contract.
Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.