- These terms
1.1 What these terms cover. These are the terms and conditions on which we supply any goods or services to you.
1.2 Why you should read them. Please read these terms carefully before signing the Order Form. These terms tell you who we are, how we will provide goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
- Information about us and how to contact us
2.1 Who we are. We are Rowe Fitted Interiors Limited a company registered in England and Wales. Our company registration number is 07699085 and our registered office is at 120 Market Street, Hoylake, Wirral, Merseyside, CH47 3BH. Our registered VAT number is .
2.2 How to contact us. You can contact us by telephoning our customer service team on 0151
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
- Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we communicate our acceptance to you, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the goods. This might be because the goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the goods or because we are unable to meet a delivery deadline you have specified.
- Our goods
4.1 Goods may vary slightly from their pictures and samples. Any samples or images of the goods are to be used as a guide only. Due to the use of natural materials and the nature of manufacturing processes slight grain, veining, texture, colour and shading variances may occur. We shall not be held liable for:
(a) any variation in grain, texture, colour or shading in materials used;
(b) the natural occurrence of open fault lines, pit marks and cracks, which can become more apparent during fabrication;
(c) any inconsistencies in polished areas including upstands and edges;
(d) the movement of any joints;
(e) corrosion, staining, scratching and marking during normal use to which this goods is susceptible.
4.2 Although we have made every effort to be as accurate as possible, because our goods are handmade, all sizes, weights, capacities, dimensions and measurements indicated in our specification have a 2% tolerance.
4.3 Making sure your measurements are accurate.
If we are making the goods to measurements you have given us then you are responsible for ensuring that these measurements are correct.
- Changes to Goods
5.1 Once you have placed an order we generally cannot make any changes to that order. If you wish to make a change to the goods you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
- Our rights to make changes
6.1 Minor changes to the goods. We may change the goods and services:
(a) to reflect changes in relevant laws and regulatory requirements;
(b) to implement minor technical adjustments and improvements, for example to ensure the goods fit well.
6.2 More significant changes to the goods and services and these terms. In addition, as we informed you in the description of the goods we may make changes to these terms or the goods (for example if following a technical survey, alterations are required), but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any goods or services paid for
but not received.
- Delivering & installation of the goods
7.1 Delivery costs. The costs of delivery and installation will be as stated in the Order Form.
7.2 When we will install the goods. We will install the goods on or around the dates specified in the Order Form. Unless otherwise agreed, this will be within 90 days after the day on which the contract between us is entered into.
7.3 We are not responsible for delays outside our control. If our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not received.
7.4 We are not responsible for delays caused by you. If our supply of the goods or services is delayed by any act or omission by you then we will not be liable.
7.5 If you do not allow us access to provide services. You are responsible for ensuring the property is a safe site with adequate access between 8.00am and 5.00pm on weekdays. If you do not allow us access to your property to perform the installation as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 10.2 will apply.
7.6 We may refuse to provide the goods and services in the Order Form where you have not complied with our reasonable instructions in relation to the condition of your property (“Property Instructions”).
7.7 We reserve the right to vary the prices if we are unable, due to circumstances beyond our control, to work a full working day on site.
7.8 You are responsible for any associated costs and delays associated with not complying with the Property Instructions.
7.9 You are responsible for the disposal of any waste (including but not limited to packaging) relating to any goods not supplied by us.
7.10 Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the goods;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
7.11 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under Clause 7.10, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
7.13 When you become responsible for the goods.
You will be responsible from the time we deliver the goods to the address in the Order Form or you collect it from us. Any of our goods, tools and other equipment required to provide the Services (Equipment) may be left at the Customer’s Property until the services have been completed. Any Equipment left at the Customer’s Property will be at your risk. You agree to insure against any damage or loss to the Equipment for the time we provide the Services.
7.14 When you own the goods. You own the goods once we have received payment in full. Until such payment is received the goods shall be owned by us.
7.15 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the goods to you, for example, details of any appliances you are supplying. If so, this will have been notified to you before you placed your order. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the goods late or not supplying any part of them if this is caused by you not giving us the information we need within a
reasonable time of us asking for it.
7.16 Reasons we may suspend the supply of goods to you. We may have to suspend the supply of goods:
(a) to deal with technical problems or make minor technical changes;
(b) if you fail to comply with the Property
(c) to update the goods to reflect changes in relevant laws and regulatory requirements;
(d) to make changes to the goods as requested by you or notified by us to you (see clauses 5 and 6).
7.17 Your rights if we suspend the supply of goods and services. We will contact you in advance to tell you we will be suspending supply of the goods, unless the problem is urgent or an emergency. If we have to suspend the goods for longer than 2 months we will adjust the payment schedule so that you do not pay for goods while they are suspended. You may contact us to end the contract for goods if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 2 months and we will refund any sums you have paid in advance for the goods in respect of the period after you end the contract. Your rights under this clause 7.16 only apply if you have not breached these terms and conditions. If we are suspending the supply of goods and services because of your breach of these terms then this clause 7.16 shall not apply
7.18 We may also suspend supply of the goods and services if you do not pay. If you do not pay us for the goods when you are supposed to (see clause 13.5) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the goods and services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the goods and services. We will not suspend the goods where you dispute the unpaid invoice (see clause 13.7). We will not charge you for the goods during the period for which they are suspended. As well as suspending the goods we can also charge you interest on your overdue payments (see clause 13.6).
- Your rights to end the contract
8.1 Ending the contract because of something we have done or are going to do. You may end the contract in the circumstances set out at (a) to (e) below. If you do so, the contract will end immediately and we will refund you in full for any goods which have not been provided and you may also be entitled to compensation. The circumstances are:
(a) we have told you about an upcoming
change to the goods or these terms which you do not agree to (see clause
(b) we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the goods may be significantly delayed because of events outside our control;
(d) we have suspended supply of the goods for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 2 months; or
(e) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause
8.2 Exercising your right to change your mind (Consumer Contracts Regulations 2013). ONLY APPLIES IF YOUR CONTRACT WAS CONCLUDED OFF-BUSINESS PREMISES. The rights set out in this clause 8.2 only apply if your contract with us was concluded off our business premises. If your contract was concluded on business premises then this clause shall have no effect. For goods bought other than in our premises (off-premises) you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
(a) When you don't have the right to change your mind. You do not have a right to change your mind in respect of any personalised, made to measure or customised goods.
(b) How long do I have to change my mind? You can change your mind before receiving your order; or you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods (“Cancellation Period”).
(c) You may request us to commence installation work at any time during the Cancellation Period. You may request us to commence work during the Cancellation Period by email or letter stating that you are aware that you could be liable for costs and a reduced refund if you subsequently cancel your contract within the Cancellation
Period. You may complete and return the Work Commencement Form (available on request) to confirm your instructions.
(d) If you cancel your contract after we have started to provide the installation service following your request, then in addition to clause 9.6(a) we may deduct from any refund:
(i) an amount for the supply of the installation service and the goods. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract;
(ii) the price of goods that cannot be uninstalled without being damaged; and
(iii) reasonable delivery (or collection) costs for returning the goods back to us.
- How to end the contract with us (under clause
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) By post. Fill in the form attached to these terms and conditions and post it to us at the address on the form. Or simply write to us at Rowe Fitted Interiors, 120 Market Street, Hoylake, Wirral, Merseyside, CH47 3BH, including details of what you bought, when you ordered or received it and your name and address.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the goods are faulty or mis- described;
(b) if you are ending the contract because we have told you of an upcoming change to the goods or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
In all other circumstances you must pay the costs of returning the goods.
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the goods from you, we will charge you the direct cost to us of collection. We will notify you of our costs for collection.
9.5 How we will refund you. We will refund you the price you paid for the goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 Deductions from refunds. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop (which may include having had them installed). If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount;
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind (under clause 8.2) then:
(a) for goods we have not offered to collect, your refund will be made within
14 days from the day on which we receive the goods back from you or, if
earlier, the day on which you provide
us with evidence that you have sent the goods back to us. For information about how to return a goods to us, see clause 9.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
- Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for goods at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods, for example, property access information or agreed installation date;
(c) you do not, within a reasonable time, allow us to deliver the goods to you or collect them from us;
(d) you do not, within a reasonable time, allow us access to your premises to supply the services; or
(e) you do not comply with the Property
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for goods we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract. If you have not paid any money, we may still make a claim against you for compensation for losses we incur as a result of your breaking the contract.
11.1 The provisions of this clause 11 are in addition to and do not affect your legal rights Subject to these the terms set out in this clause 11 we warrant that if any defect in any of our workmanship becomes apparent and is reported to us within twelve (12) months of the date of installation (time being of the essence) then we will either (at our sole discretion) replace or remedy the workmanship. The kitchen furniture (including doors, cabinetry, hinges, runners and hardware) has a manufacturer’s warranty of 10 years.
11.2 The warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
(a) failure by you to properly maintain any goods;
(b) failure by you to follow any instructions or guidelines provided by us;
(c) any use of any goods otherwise than
for the goods specified on the Order
(d) the continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
(e) fair wear and tear, any accident or act of God.
11.3 The warranty shall cease and we shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without our consent.
11.4 In respect of all claims we shall not be liable to compensate you for any delay in either replacing or remedying the workmanship or in properly assessing your claim.
11.6 For goods not manufactured by us (such as kitchen appliances), the warranty shall be the warranty provided by the manufacturer of such goods. We shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the such goods. You will be responsible for ensuring any such warranty is registered.
- If there is a problem with the goods
12.2 We are under a legal duty to supply goods that are in conformity with this contract.
12.3 Your obligation to return rejected goods. If you wish to exercise any legal rights to reject goods you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 0151
- Price and payment
13.1 Where to find the price for the goods. The price of the goods (which includes VAT) will be the price indicated in the Order Form. We take all
reasonable care to ensure that the price of the goods advised to you is correct. However please see clause 13.4 for what happens if we discover an error in the price of the goods you order.
13.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.
13.3 VAT on new-builds and listed buildings. Work on listed buildings and on new-builds is sometimes zero-rated. We may therefore, at our discretion, invoice you without the addition of VAT, if, in our opinion the works are zero rated. In these circumstances, you undertake and agree that, if we are required or called upon to account to Customs and Excise or any other competent authority for VAT arising by reason of the Works and are subsequently required to pay VAT on said Works, that you shall immediately upon our written request reimburse us for any VAT thus arising.
13.4 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the goods' correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the goods' correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
13.5 When you must pay and how you must pay.
Payment must be made in accordance with the dates and instructions set out in the Order Form.
13.6 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of HSBC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
13.7 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
- Our responsibility for loss or damage suffered by you
14.1 We are only responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not
foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods and for defective goods under the Consumer Protection Act 1987.
14.3 We are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
14.4 We are not liable for business losses. We only supply the goods for domestic and private use. If you use the goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- How we may use your personal information
15.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the goods to you; and
(b) to process your payment for the goods.
15.2 We may pass your personal information to credit reference agencies. Where we extend credit to you for the goods we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
15.3 We will only give your personal information to third parties where the law either requires or allows us to do so.
- Other important terms
16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. [We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for goods not provided.
16.2 You need our consent to transfer your rights to someone else (except that you can always transfer our warranty). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
However, you may transfer our warranty at clause
11 to a person who has acquired the goods. We may require the person to whom the guarantee is transferred to provide reasonable evidence that
they are now the owner of the relevant item or
property, for example by showing any written receipts.
16.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 16.2 in respect of our warranty. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
16.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the goods, we can still require you to make the payment at a later date.
16.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the goods in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods in either the Northern Irish or the English courts.
16.7 Alternative dispute resolution. Alternative dispute resolution is a 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 are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to [the Dispute Resolution Ombudsman] via their website at [www.disputeresolutionombudsman.org].