Kettle Co - Kitchens in Cornwall & Devon
Trade & Contract Kitchens
Plymouth: 01752 936104     St Austell: 01726 600034
Kettle Co - Kitchens in Cornwall & Devon

Terms & Conditions

Your order

These terms and the details of your order are considered by us to be the whole agreement between you and us for the sale of your kitchen products. Please check the detail within both are correct, complete, and accurate. We would specifically draw your attention to any personal specifications/ requirements, measurements, plans and layouts in respect of the items to be manufactured, prior to committing yourself to the contract. Should you suspect an error has been made please inform us at least 4 weeks prior to delivery. Please ensure you read and understand these terms and conditions prior to signing your order as you will be bound by these terms once an order confirmation (Order Acknowledgement) has been issued in-store or electronically. We shall assign an order number to your order, please quote this in all correspondence with us relating to your order.

Kettle Co Warranty       

Our unique Signature & Williams & Sons kitchens all come with a 25-year guarantee on cabinets, doors and drawer fronts. In the extremely unlikely event that subject to any manufacturing defect, any of the cabinets, doors or drawer fronts should fail, it will be repaired or replaced on a supply only basis for a period of 25 years from the date of installation.

We warrant the quality of our Trade/Contract and Core range of products for a period of 10 years.

We warrant any other product from delivery for a period of 12 months. Products not covered by our cabinet/door warranty will be covered by the manufacturer or suppliers warranty offered from the time of delivery:

I.             Are of satisfactory quality.

II.            Are fit for the purpose for which the products are supplied.

III.           Are free from material defects in design, material, and workmanship.

IV.          Comply with all statutory and regulatory requirements.

V.            Conform in all material aspects with their description and manufacturers specification.

This warranty does not apply to any defect in products arising from:

I.             Fair wear and tear.

II.            Wilful damage and neglect. 

III.           Accidental damage occurring after delivery.

IV.          Use of the products in a way not recommended, or failure to follow instructions and/or care guidelines.

V.            Any alteration or repair carried out by you without our written approval.

Handmade kitchens are part, or all manufactured from real wood. We have the right to measure the moisture content of the fitting location to ensure the humidity levels are acceptable prior to delivery.

Our real wood kitchens are hand finished and finishes may differ from samples supplied or viewed at the time of order. This is dependent on the paint chosen throughout the process and the application of the paint.

In order to hand finish the real wood kitchens on site, the site must be dust free. This also adds to the overall installation time scales and estimated times for this process should be discussed with your designer or project manager

After this 12-month period, where products are no longer subject to our Kettle Co Warranty, we will endeavour to transfer to you, any enduring warranty or guarantee given to us by the manufacturer.

Warranty is not endorsed or underwritten by any external insurance policy.

All warranty agreements are valid only for the original purchaser of the kitchens and are not transferable.

This does not affect your right to redress under the Consumer Rights Act 2015.

Delivery

Delivery date will be agreed at order acknowledgement stage.

We will make reasonable effort to deliver your order within 60 days of your order confirmation or as per the timescale agreed at the time of placing the order. Delivery will be made within the UK only, to an address nominated by you. Delivery charges will apply (ask in store for details). Our project coordinator will confirm this within 7 days of your order confirmation. We will give you same day notice if requested to advise when your delivery will be made – in the morning or the afternoon.

We cannot guarantee that your delivery will be completed within 60 days of your order confirmation. Occasionally delivery may be delayed due to factors beyond our control. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date with you. We shall have no liability for late delivery if it is delayed within reasonable time frames.

If you fail to take delivery of your order, except where this is failure by us to adhere to the terms set out or by an event beyond your control, we will store the products until delivery can take place but may charge you an additional fee to cover storage expenses and insurance.  We will charge you for any subsequent attempts to deliver your order. If you have not taken delivery within 45 days of our initial attempt to deliver the order, we may, after giving you reasonable prior written notice, dispose of or resell the order.

If we are unable to deliver the whole of the order due to shortage of stock or operational issues, we will deliver the order in instalments. There will be no additional delivery costs for this. If you request we deliver the order in instalments, there may be an additional delivery cost for this.

 You must ensure that either you or a nominated person over the age of 18 is present at the designated delivery address to accept and sign for the delivery.

All deliveries must be checked within 3 days. Any discrepancies found between the delivery and the order confirmation must be reported to us within this timescale. It is your responsibility to inspect the products upon delivery. If the products are damaged upon arrival, you must report this to us within 3 days. Any claims submitted after this time will not be accepted.

You must ensure that our delivery team have clear and safe means of access to your nominated delivery address. We reserve the right to refuse to deliver and will store the items at cost to you until such time as access is clear and safe.

The delivery will take place several days prior to the planned kitchen installation to ensure all items are onsite for the fitter to commence works on the agreed date. You will need to arrange space for the kitchen to be stored in a clean dry and secure environment until the installation date.

Goods not fit for purpose/returns

In the unlikely event that the ordered products do not conform with our terms, please let us know as soon as possible after delivery. You have 30-day short term right to reject on faulty goods and the right to a full refund within 14 days of it being agreed. This does not apply if the goods are installed incorrectly where a right to repair or replacement or price reduction is applicable.

Where a product has been returned to us, we will make a thorough examination of it and either repair, replace it or issue a refund of the defective product. Where a refund is issued due to a defect the price of the specific item will be refunded in full, along with the relevant delivery charge and any charges incurred in returning the item to us. For replacement or repair of a defective product we will not charge you for redelivery. You must notify us of your intention to return a product by contacting your local store.

Where defects are discovered within six months, Kettle Co. still acknowledge your protection as per the Consumer Rights Act. The defect will be taken to have been present at the time of delivery (unless we prove otherwise). After six months you must demonstrate the issue and may need to provide some evidence (expert opinion etc.). This reverse burden of proof does not apply when you use the 30-day short term right to reject option.

Price and Payment

The price of products will be set out in a quotation provided to you by our store operatives. This will be confirmed at the time of order. Prices are liable to change at any time, but changes will not affect any orders that have been confirmed in writing. All prices will include VAT unless otherwise stated. All our fitted kitchens are delivered free of charge, unless stated.

The price of our installation service for the selected products and to achieve the discussed design will be set out in our Installation Quotation unless other agreed works have been discussed whereby the cost of this will be confirmed in writing.

If our installer has agreed to carry out any works supplementary to the agreed remit, the price for the works shall be set out in a written quotation supplied by the installer. You will need to discuss the payment terms with the installer separately to Kettle Co.

Payment steps and methods

Payments of products must be made in advance of delivery as per the terms set out in the order acknowledgement. To secure your purchase we accept 50% Deposit at the point of signing your order acknowledgement.

Upon Signing the order acknowledgment, the customer is agreeing and understands:

  1. That they have read the plans and specification and fully understand what this order includes/excludes.
  2. To pay the full/outstanding balance 14 days prior to the initial delivery.
  3. If the customer delays the delivery the full balance is still payable 14 days prior to the original delivery date.
  4. That this is the confirmed order of a bespoke kitchen. The order cannot be cancelled or altered from this point.
  5. Our Kitchens are bespoke and made to order, we therefore can not accept returns of supplied items.

To give you additional protection to your funds, you can pay some of the deposit value (min. £100) by credit card. This practice will enable your entire purchase to be covered by Section 75 of the Consumer Credit Act 1974. When you make purchase on credit card that cost between £100 and £30,000, you benefit from an extra level of protection if something goes wrong. This credit card protection for purchases helps you get a full refund from you credit provider, even if you only pay a small proportion of the price by credit card, for example paying a £100 deposit, you are still covered.

Remaining balance for goods, 50% of total goods value (cabinetry, accessories, sink and tap, etc.) is expected 14 days before delivery.

Payments accepted are cash, all major credit or debit cards or cheque. Failure to pay in advance of delivery as per our terms will result in the delay/cancellation of your order until the outstanding amount has been paid. 

Legal ownership, or title, to the goods will not pass to you until payment has been made in full. Failure to pay any outstanding balance will void any warranty.

Liability

If either us or you fail to comply with these terms, neither party shall be responsible for any losses incurred as a result, except where the losses are a foreseeable consequence of the failure to comply with these terms.

We are not liable to you or responsible for losses or damages incurred by you due to you providing us incorrect measurements, plans, specifications, choices and details or failure by you to take account of the features, size and shape of the space in which you intend to install our products.

Installation Terms

1 Pre-installation

  1. One of our subcontractors (the fitter) who will be responsible for providing the installation services will contact you to arrange a pre-fit survey, following your deposit payment, at which time the Fitter will check against the proposed plan from the dry fit quote you were given at the time of quotation.
  2. At or following the pre-fit survey, the fitter will advise you whether any supplementary work (which is outside of the standard installation package) is required. At this time the Fitter will indicate the cost of him/her carrying out such supplementary work and will confirm the price of supplementary work in writing.
  3. You are under no obligation to use the fitter to complete the supplementary work, you may use your own subcontractor to carry out the supplementary work. Any supplementary work which the Fitter or your chosen subcontractor agrees to carry out is outside of these Terms and shall be subject to a separate agreement for services between you and the fitter or your chosen subcontractor. As such we accept no liability in respect of any damage arising as a result of any supplementary works carried out either by the fitter or your chosen subcontractor.
  4. The plan forms the basis of the installation services, as such you must ensure that you are happy with any changes the fitter makes to the proposed plan and that such changes are clearly identified on the plan before you sign it. You agree not to sign and approve the changes to the plan until you are happy with them.
  5. If you are not happy with any of the fitter's proposals for supplementary work or any changes made to the proposed plan you should contact your Designer at the showroom at which you placed your order as soon as possible. Any alterations can then be discussed with timelines that may affect the project and an agreement reached.

2 Price/payment

  1. The price for our standard installation package for the products will be set in the quotation and order acknowledgment and is based on a Dry Fit Price unless otherwise agreed in writing. This excludes connection of any water or waste services to sink, taps or appliances.
  2. Unless otherwise agreed in writing the price shall be due and payable in accordance with the applicable Kettle Co Terms & Conditions of Sale at the same time as the Products.
  3. If the fitter has agreed to carry out any supplementary works separate to our contract, the price for the supplementary works shall be as set out in a written quote supplied by the fitter and shall be payable in accordance with the fitter's own payment terms and conditions. This work does not form part of your Kettle Co Contract.

3 Your responsibilities

In respect of installation, you are responsible for:

  1. Ensuring that all measurements taken by you are correct and accurate.
  2. Obtaining all planning permission and building regulations consents.
  3. Ensuring that the fitter has clear, safe, and uninterrupted access to the delivery address and the area where the installation services are to be carried out.
  4. Ensuring that all services which may affect or be affected by installation of the Products are disconnected.
  5. Ensuring that the area where the installation services are to be carried out is clean, level, and clear of debris.
  6. Providing adequate power, lighting, heating, and other necessary facilities for the fitter to be able to carry out the installation services.
  7. To notify us of any changes to the condition of your property at the time agreed for the provision of the installation services.
  8. Disposing of all packaging materials unless otherwise agreed.
  9. If you appoint your own sub-contractor which you are entitled to, rather than the fitter for the kitchen to carry out any supplementary works, you must ensure that the supplementary works are carried out with reasonable skill and care, and in agreed time scales.
  10. If you fail to comply with your obligation under condition 3.2 and as a result the fitter is unable to proceed with the installation services the fitter will, at its option either:
    1. Complete/rectify the defective supplementary works at your cost; or
    2. Arrange a date in the future to carry out the installation services to allow you the time to rectify the defective supplementary works, if the latter option is selected, it is your responsibility to ensure that the Products are stored in a suitable environment until such time as the Fitter is able to install the Products. You will be responsible for the costs, loss and/or damage caused due to the Fitter being unable to carry out the installation services on the original date.
  11. If the option at condition 3.10.2 is selected, you must rearrange an installation date to occur within 3 months of the original installation date otherwise we will assume that you no longer require the fitter to carry out the installation services.
  12. Delivery of the Products and installation of the Products must take place at the same location unless we otherwise agree this with you.
  13. Delivery will take place several days prior to the planned kitchen installation to ensure all items are onsite for the fitter to commence works on the agreed date. You will need to arrange space for the kitchen to be stored in a clean dry and secure environment until the installation date.
  14. You must inform us of any structural defects or anomalies at the location where the installation services are to be carried out which may affect the installation services.
  15. If during the installation services, you agree with the fitter to deviate from the plan, then this is your responsibility, and we shall not be liable for any costs, damage or loss arising from this.
  16. If at any time, throughout the installation, you have any concerns about the fitter or the quality of work, you must contact us immediately, do not wait until the installation is complete.
  17. On completion of the installation services, you will be asked to sign a certificate of completion and allow us to take photographs of the completed works. If you are not happy in any way with the installation services which have been carried out and you do not note this on the certificate of completion then we will accept no liability if, in the future, you make a claim to us for damage or loss occurred during or as a result of the installation services.
  18. If you raise a claim or issue in respect of the installation services, you will allow us access to review the installation services/Products and to take photographs of the Products and any alleged damage or poor quality of work. You are then required to allow us the opportunity to correct any issues in a reasonable time frame with the original fitter prior to instructing any other party.

4 Installation services

  1. We will endeavour to complete the installation services as soon as possible but time for completion is not of the essence of this Contract and we will not be liable for any reasonable delays.
  2. Our install excludes appliance connection to services purchased from HBH Woolacotts, in the event a customer would like their existing appliances or new ones not purchased from HBH Woolacotts, installing this is a supplementary cost and not warranted by our dry fit warranty.
  3. Provided that you comply with your obligations at clause 2.3 we will ensure that our fitter completes the standard installation package as follows:
    • Assembles, fits and installs the kitchen cabinet Products (including interiors, doors, drawers, handles, kickboards, cover panels, cornices and décor trim)
    • Completes basic appliance installation excluding all connections.
    • Fits the worktop (including cut-out and fitting for cooker tops, sinks, taps);
    • Fits the sink and taps excluding all connections.
    • Seals all joins and cut-outs. Unless specifically stated in your Order, the sealant colour shall be selected on the basis of what we deem most suitable.
  4. If during the installation services, it appears that the walls are incapable of holding the Products or the utility connections are unsafe, faulty, flawed or of poor quality, we reserve the right to suspend the installation service until the necessary remedial works have been completed. This does not affect our right to take the full payment for the Products and installation services in line with our terms & conditions.
  5. We shall not be responsible for or liable for any damage, loss or expense caused due the poor quality of or fault with any of the walls or utility connections.
  6. Whilst we will try to ensure our fitter(s) keeps dust and disruption to a minimum during the provision of the installation services, you should take all reasonable and necessary steps to minimise the impact of the installation services, for example by moving breakables/delicate items and covering areas likely to be affected with dust sheets. Whilst the fitters will endeavour to clean up after themselves, you should expect some dust to result from the installation services and you agree that we will not be liable for any cleaning expenses resulting from such dust.
  7. Minor damage may occur to decor, plaster and tiling during the installation services but you agree that we will not be responsible for redecorating or making good any damage unless it is as a result of our negligence rather than an unavoidable consequence of having the products fitted.

Bespoke Items

  1. Granite, Quartz, Marble type work tops are bespoke manufactured for your installation off site. In order to achieve the installation of these products the tops will need to be templated prior to cutting and preparation. This templating requires the cabinets to be installed. Your designer or Project Manager will arrange a date for the templating at a time to suit the project. The Stone suppliers will attend and take measurements. This stone will then be cut and prepared off site. This process typically takes approximately 7-10 days from templating to installation.
  1. Glass/Mirror splashbacks are bespoke manufactured for your installation off site. In order to achieve the installation of these products the glass/mirror will need to be templated prior to cutting and preparation. This templating requires the cabinets to be installed. Your designer or Project Manager will arrange a date for the templating at a time to suit the project. The Glass suppliers will attend and take measurements. The glass will then be cut and prepared off site. This process typically takes approximately 4 weeks from templating to installation. This is a final process of an installation. We will template for the glass after the kitchen is completed and work surfaces are installed. Please be aware that this will be installed on a return visit at a later date.
  1. If you have chosen one of our Williams & Sons handmade kitchens, these are hand painted as the final phase of the project. Our Painter will be booked by your designer or project manager as part of the project planning. This process is completed once all trades have completed their works and the site is clean and clear. This final process typically takes approximately 1-2 weeks to complete on site depending on the size and complexity of the installation.
  1. Williams & Sons Solid wood Kitchens. Humidity on site. Above 12.5% you can expect expansion, below 10% you can expect the solid wood aspects of your kitchen to shrink. In both cases it is necessary to acclimatise the kitchen to on-site conditions.  The room temperature and humidity levels need to be stable, and the temperature of the room shouldn’t be lower than 18C (64F). The humidity level should be between 40 and 60%

5 Warranty

  1. We warrant that on installation and for a period of 12 months thereafter (subject to the other provisions of the Terms) the installation services shall be performed with reasonable skill and care.
  2. We shall not be liable for any breach of the warranty set out at clause 5.1 if:
    • You have failed to comply with clause 3.1;
    • The installation services were provided in accordance with the specifications or instructions provided by you;
    • You have failed to comply with clause 3.6;
    • You have failed to inform or notify us in writing that the installation services have not been carried out to an appropriate standard and we have not been given a reasonable opportunity to re-perform the installation services;
    • The walls to which the Products are to be attached or the utility connections are poor quality, flawed, faulty or unsafe.
  3. Subject to clause 5.2, if the installation services do not conform with the warranty at clause 5.1, we shall elect to either re-perform the installation services to comply with clause 5.1 or refund the price of the installation service.
  4. If we comply with clause 5.3 we shall have no further liability for a breach of the warranty at clause 5.1 in respect of the installation services.
  5. These terms apply to any re-performance of the installation services under this clause 5.
  6. We shall not be responsible for losses or damage that result from the disconnection of any white goods, including but not limited to washing machines, dishwashers, fridges, freezers and/or radiators.
  7. Natural ageing of the goods means that they will patina overtime, The supplier is unable to guarantee that any Replacement product will be of an identical match to the original Colour and/or finish of the goods originally purchased by the customer. In the event, that any product cannot be supplied to match any change due to time. Our liability will be limited to the product/component purchase price paid by you at the time of order.

6 Liability

  1.  Our liability shall be limited in accordance with the applicable Terms & Conditions of Sale.

7 General

  1.  If any court or competent authority decides that any of the provisions of these Terms 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.

Complaints Procedure

We always endeavour to provide the best service and products for our customers. However, on rare occasions, we recognise that there may be times where you may not be completely satisfied. To ensure we are able to put things rights as soon as we can, please read our complaints procedure below and we will respond promptly to ensure complete satisfaction. As soon as possible after the completion of the works, please inspect the work to ensure everything has been carried out to our usual high standards. In the unlikely event there is anything you are not completely satisfied with, please contact us as soon as you can in order that we can rectify any problems as soon as possible.

Either call us on: 01726 600034 (St. Austell) or 01752 936104 (Plymouth)

Or write to us (please request proof of receipt if posting): 

St Austell Showroom

1st Floor HBH Woolacotts Superstore

The Valley Retail Park

Gover Road, St Austell

Cornwall PL25 5NE

Plymouth Showroom

1st Floor HBH Woolacotts Superstore

Coypool Retail Park

Coypool Road, Plymouth

Devon PL7 4FB

Or email us info@kettleco.co.uk

We aim to respond within 3 working days of receiving your complaint and where possible, will provide you with a date to remedy any issues raised. Where we are unable to resolve your complaint using our own complaints procedure, we use The Furniture & Home Improvement Ombudsman for dispute resolution. In the unlikely event that we cannot remedy your complaint to your satisfaction you may wish to refer your complaint to them. www.fhio.org

Notice of the Right to Cancel

Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulation 2013, for all our products, we will allow you to cancel or amend your order within 14 calendar days of the initial design fee deposit being placed. This will be your ‘Cooling Off Period’. During that period if you choose to cancel the contract any money paid by you will be refunded.

After this point you can still cancel if the order has not been Acknowledged and all final paper signed. However, we will withhold a design fee to cover the design work conducted by Kettle Co, this can be up to 10% of the order value.

After the order is Acknowledged and final order signed all items are ordered and you are liable for the full value of the order. Should you wish to add new items to your order after this point it will be a new and separate order and thus separate lead times and additional delivery charges may apply.

If you wish to cancel the contract you must do so in writing and deliver personally or send (which may be by electronic mail or post) this to the person named below. You may use the form below if you want to, but you do not have to. The notice of cancellation is deemed to be served as soon as it is posted or in the case of an electronic communication from the day it is sent. Complete and return attached Customer Cancellation Notice part if you wish to cancel the contract.

If the delivery date requested by customer at the Order Acknowledgement stage requires manufacture of the product to commence within 14 day ‘Cooling Off’ period, then customer will potentially be liable for the full contract value if decide to cancel the order.

All our products, with exception of kitchen accessories, are made to order, using the specifications, measurements, plans, choices and details you have provided us with during the ordering process. This remains your responsibility, even if we are installing your products or have attended your premises prior to you placing your order. You may correct any errors prior to Acknowledgement; however, we cannot guarantee changes or cancellation of your order after the Acknowledgment has been signed. Hence, any changes or cancellation of order made after production commenced would cause substantial disruption to the production and as a result incur significant costs. Therefore, we will not be able to provide replacements, or allow you to reject products that have been made to order which have been supplied to you in accordance with specifications, measurements, plans, choices and details you have provided us with during the ordering process unless the products are faulty or fail to comply with our warranty terms.

Any samples, illustrations and descriptions contained in our catalogues and brochures are issued solely to provide you with an approximate idea of the products. They do not form part of the contract between you and us. We have taken care to show all products as accurately as possible, despite this slight variation can occur, for example textures and colours may vary between different batches.

The terms of sale shall become binding once an order Acknowledgment has been issued. A quotation will have been issued to you on the basis that this will become an order. All quotations are valid for 30 days from their date of issue unless we write to you informing you otherwise. Any quotations subject to a promotional offer will be valid for 30 days from its date of issue to you or, if sooner, on the expiry of the promotional offer.

We reserve the right to amend these terms and conditions from time to time to reflect changes in market conditions that may affect our business. Changes in technology, payment methods, laws and regulatory requirements and changes in our systems capabilities. You are subject to the terms in force at the time you place your order with us.

CUSTOMER CANCELLATION NOTICE

Name of customer:         ……………………………………….

Address of customer:     ……………………………………….

……………………………………….….….….….….….….…................

I/We hereby give notice that I/We wish to cancel my/our contract dated:

 ……………….….………………………………………….................

Customer signature:       …………………………………….      

Date:   ………….……………………………………………............

Email address: …………………………………….……….….....

Contract reference: …………………………………..………..

Date: ……………………............................................................

Work commencing prior to the expiry of the Cancellation Period

If the delivery date requested at Order Acknowledgement stage requires manufacture of the product to commence within 14 day ‘Cooling Off’ period, then you need to complete, detach and return this part of the form. Please retain the above in case you wish to subsequently cancel the contract within the 14 days cancellation period.

I/We agree that Kettle Co. may commence manufacturing work before my cancellation period has expired.

I understand that if I decide to cancel within fourteen working days, I may be asked to pay for any work that has been done prior to my cancellation. I am aware that in certain circumstances, I can also be liable for the full contract value if decide to cancel the order.

Name of customer:           ………………………………………...

Address of customer:  ……………………..................................

………………………………………........................................................

Customer signature:       ………………………………………......     

Date:         ………….…………........................................................

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