Terms and Conditions for Supply of Goods and Services
Definitions
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
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Commencement Date: the date We will start the Services at your Property.
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Contract: the agreement between You and Us to undertake the Services as described in your Order.
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Contractor: Beacon Kitchens & Interiors, or any subcontractor engaged by Us, providing the Services.
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Goods: any kitchens, cabinets, appliances, sanitaryware, worktops, bedroom/bathroom/home office/living space furniture, and associated products supplied by Us.
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Intellectual Property: any plans, drawings, 3D visuals, designs and Specifications created or supplied by Us (whether before or after supply of the Services).
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Materials: any raw materials, components or products necessary to provide the Services and/or Goods.
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Order: your order for the Services and/or Goods as set out in the Quotation and Specification.
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Property: the address where the Services are to be provided and/or Goods are to be installed.
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Quotation: the written estimate provided by Us for the supply of the Services and/or Goods as detailed in the Order.
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Services: the design, supply, delivery and (where agreed) installation services described in the Order, including but not limited to kitchens, bedrooms, bathrooms, home offices, living spaces and related construction works.
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Specification: the drawings, schedules and written details describing the Services and/or Goods provided by Us in the Quotation.
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Terms: the terms and conditions set out in this document.
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We/Our/Us: Beacon Kitchens & Interiors (see clause 13).
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You/Your: the person(s) or business who purchases the Services and/or Goods from Us.
2. Our contract with you
2.1 These are the Terms on which We supply the Services and/or Goods to you.
2.2 Please read these Terms carefully and check that the details on the Order, Quotation and Specification are complete and accurate before you sign and submit the Order.
2.3 When you sign and submit the Order to Us, this does not mean We have accepted your Order. Our acceptance takes place as described in clause 2.4.
2.4 These Terms become binding on you and Us when We issue you with a written acceptance of an Order, at which point a Contract will come into existence between you and Us.
2.5 If any of these Terms conflict with any term of the Order or Specification, the Order and Specification will take priority for that specific project.
2.6 We shall assign an Order or project number to your Order and inform you of it when We confirm the Order. Please quote this in all subsequent correspondence with Us.
3. Changes to order or terms
3.1 We may revise these Terms from time to time if there are changes in relevant laws or regulatory requirements.
3.2 If We have to revise these Terms under clause 3.1, We will give you at least one month’s written notice before changes take effect. You may choose to cancel the Contract in accordance with clause 11 if you do not accept the changes.
3.3 You may request a change to the Order (for example, different units, finishes, appliances or layout) at any time before the start date for the Services by contacting Us. Where this changes the total price, We will notify you of the amended price in writing.
3.4 You can choose to cancel the Order in accordance with clause 11.1 if you do not accept any revised price under clause 3.3.
3.5 If you wish to cancel an Order before it has been fulfilled, please see your rights in clause 11.
4. The services and installation
4.1 We will supply the Services to you from the Commencement Date until completion as set out in the Order and/or Specification.
4.2 We will make every reasonable effort to complete the Services on time, but dates are estimates only and may be affected by Events Outside Our Control or delays caused by you or your other contractors. See clause 10.
4.3 We may have to suspend the Services if We have to deal with technical issues, design changes requested by you, or delays in availability of key Materials or Goods. We will notify you as soon as reasonably possible. You will not be charged for Services while they are suspended under this clause, but you remain liable for any Goods already ordered or delivered in accordance with the Order.
4.4 If you do not pay Us for the Services and/or Goods when you are supposed to as set out in clause 8.3, We may suspend the Services with immediate effect until all outstanding sums are paid (except where you dispute an invoice under clause 8.5).
4.5 Where We are undertaking installation within your Property, you agree that minor damage to decorations may occur as a normal consequence of fitting kitchens, furniture, bathrooms or building works. We will exercise reasonable care, but the making good of such minor decorative damage is not included in the Services unless expressly stated in the Specification.
5. If there is a problem with the services or goods
5.1 In the unlikely event that there is any defect with the Services or Goods:
(a) please contact Us as soon as reasonably possible;
(b) please give Us a reasonable opportunity to inspect, repair or remedy any defect.
You will not have to pay for Us to remedy a defect with the Services or defective Goods supplied by Us under this clause 5.1.
5.2 As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or Goods that are faulty or not as described. Nothing in these Terms affects these legal rights.
6. Your property and access
6.1 You agree to give Us full possession of, and safe access to, the relevant areas of the Property from the Commencement Date and throughout the period of the Services, including access to power, water and any other facilities reasonably required.
6.2 You warrant that the areas where Works are to be carried out are structurally sound and free from hidden defects, such as unsafe floors or walls, asbestos, concealed pipes or cables in non-standard locations, or other hazards which are not reasonably apparent on visual inspection or have not been made known by you in writing prior to the Quotation.
6.3 If additional work is required due to issues described in clause 6.2 or other unforeseen site conditions (for example, alterations to plumbing, electrics, walls, ceilings or floors), We will:
(a) inform you as soon as reasonably possible;
(b) provide a further quotation for the additional work required, which will be valid for 7 days;
(c) if our further quotation is not accepted within 7 days, We reserve the right to terminate the Contract in accordance with clause 12.
7. Materials, goods and ownership
7.1 Where Materials or Goods have been installed at the Property, ownership shall pass to you once they have been delivered and fitted (provided you have paid for them in full).
7.2 Until full payment has been received, ownership of all Goods and Materials shall remain with Us, and We may remove unfixed Goods or Materials if you fail to pay in accordance with these Terms.
7.3 You and We may agree staged payments for Goods and Materials whether they are at the Property or held off-site for your project. Where such payment has been agreed and made, you will take ownership of those Goods and Materials and they will be identified as yours.
7.4 All Intellectual Property Rights in our designs, plans, visuals and Specifications remain owned by Us. We license such rights to you on a non-exclusive, non-transferable basis to the extent necessary for you to enjoy the Goods and Services at your Property. This licence ends automatically if the Contract is terminated or if full payment is not made.
7.5 Where We do not own any Materials or Goods (for example, certain branded appliances), your rights to use them are subject to the terms of the manufacturer or relevant licensor.
7.6 Any manufacturer warranties on appliances, components or products are in addition to your statutory rights and are subject to the relevant manufacturer’s terms. You are responsible for registering any product warranties where required.
8. Price and payment
8.1 The price of the Services and Goods will be set out in the Quotation and Specification in force at the time We confirm the Order.
8.2 Unless otherwise stated, prices include VAT at the applicable rate. If the rate of VAT changes between the date of the Specification and the date of supply, We will adjust the VAT you pay unless you have already paid in full.
8.3 We will usually require an advance payment (for example, a deposit and/or stage payments) as set out in your Quotation or Order, to cover design work, ordering of Goods and allocation of installation time. Your rights to a refund on cancellation are set out in clause 11. We will invoice you for the balance in accordance with the payment schedule stated in the Quotation. Each invoice will quote your project or Specification number. You must pay each invoice in cleared funds within the time specified on the invoice (typically 7 calendar days) by bank transfer or other accepted payment method.
8.4 If you do not make any payment due to Us by the due date, We may charge interest on the overdue amount at the rate of 3% a year above the base lending rate of Our UK clearing bank from time to time, accruing daily until payment is made in full.
8.5 If you genuinely dispute an invoice and notify Us promptly with reasons, interest under clause 8.4 will not apply to the disputed part of the invoice while the dispute is being resolved.
9. Our liability to you
9.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach or negligence, but We are not responsible for loss or damage that is not foreseeable.
9.2 If We are providing Services in your Property, We will make good any damage to your Property caused by Us in the course of the Services, but not the cost of repairing any pre-existing faults or damage, or minor decorative damage as described in clause 4.5.
9.3 We supply the Services and Goods primarily for domestic and private use. You agree not to use them for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
9.4 Nothing in these Terms limits or excludes Our liability for:
(a) death or personal injury caused by Our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); or
(e) defective products under the Consumer Protection Act 1987.
10. Events outside our control
10.1 We will not be liable for any failure to perform, or delay in performance, of any of Our obligations under these Terms that is caused by an Event Outside Our Control.
10.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including (without limitation) strikes, lock-outs, civil commotion, riot, invasion, terrorist attack or threat, war or preparation for war, fire, explosion, flood, storm, adverse weather, pandemic, failure of public or private utilities or telecommunications networks, or actions of government or public authorities.
10.3 If an Event Outside Our Control occurs:
(a) We will contact you as soon as reasonably possible; and
(b) Our obligations will be suspended and the time for performance extended for the duration of the Event.
10.4 You may cancel the Contract if an Event Outside Our Control continues for more than 4 weeks and you no longer wish Us to provide the Services.
11. Your rights to cancel and refunds
11.1 Before We begin to provide the Services or order bespoke Goods (such as made-to-measure furniture or worktops), you have the following rights to cancel an Order:
(a) You may cancel any Order for Services at any time before the start date by contacting Us in writing. We will confirm your cancellation in writing.
(b) If you cancel under clause 11.1(a) and have paid in advance for Services or standard Goods not yet ordered or provided, We will refund those amounts.
(c) However, if We have already started design work, site preparation or ordered bespoke Goods for you, you will pay Us any reasonable costs incurred up to the date of cancellation, which may include the full cost of bespoke Goods that cannot be resold.
11.2 Once We have begun to provide the Services, you may cancel the Contract at any time by giving Us at least 5 calendar days’ written notice. Any advance payments for Services not yet provided will be refunded, less any costs reasonably incurred.
11.3 You may cancel the Contract with immediate effect by giving Us written notice if:
(a) We break the Contract in a material way and do not remedy it within 21 days of your written request;
(b) We go into liquidation or a receiver or administrator is appointed over Our assets;
(c) We change these Terms under clause 3.1 to your material disadvantage; or
(d) We are affected by an Event Outside Our Control in accordance with clause 10.4.
12. Our rights to cancel and refunds
12.1 If We have to cancel an Order before the Services start:
(a) We may cancel before the start date due to an Event Outside Our Control or the unavailability of key personnel, Materials or Goods. We will contact you promptly.
(b) If We cancel under clause 12.1(a) and you have paid in advance for Services or Goods not provided, We will refund those amounts.
12.2 Once We have begun to provide the Services, We may cancel the Contract at any time by giving you at least 5 calendar days’ written notice. Any advance payments for Services not yet provided will be refunded.
12.3 We may cancel the Contract with immediate effect by giving you written notice if:
(a) you do not pay Us when you are supposed to under clause 8.3;
(b) you break the Contract in any other material way and do not remedy it within a reasonable period (normally 7–14 days) of Us asking you to in writing;
(c) you fail to provide access to the Property as required in clause 6.1; or
(d) you decline any necessary further quotation under clause 6.3.
13. Information about us and how to contact us
13.1 We are Beacon Kitchens & Interiors, trading from Kensworth, Bedfordshire (full contact details as shown on our website contact page).
13.2 If you have any questions or complaints, please contact Us. You can contact Us using the details provided on our Contact Us page at www.beaconkitchens.co.uk.
13.3 If you are required to give Us notice in writing (for example, to cancel the Contract), you can send this by email or pre-paid post to the contact details stated in your Quotation or on our website. We will confirm receipt in writing.
14. How we collect and use your personal information (GDPR)
14.1 We will collect and process your personal information in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
14.2 We will use the personal information you provide to:
(a) provide a Quotation and design proposals;
(b) provide and manage the Services and Goods;
(c) communicate with you about your project and appointments;
(d) process your payments; and
(e) where necessary, liaise with our suppliers, installers or professional advisers in connection with your project.
14.3 We may share your personal data with trusted third parties such as delivery partners, installation teams or product manufacturers where this is necessary to fulfil your Order or support any warranty claim. Such parties are required to keep your data secure and use it only for the agreed purposes.
14.4 We will not sell your personal data to any third party. We will not use your personal data for marketing purposes without your consent and, where consent is given, you may withdraw it at any time.
14.5 Our full Privacy Policy, which provides more detail on your rights (including access, rectification, erasure, restriction, objection and data portability), can be found on our website at www.beaconkitchens.co.uk/privacy-policy.
15. Other important terms
15.1 We may transfer Our rights and obligations under these Terms to another organisation, but this will not affect your rights or Our obligations.
15.2 You may only transfer your rights or obligations under these Terms to another person with Our written consent.
15.3 This Contract is between you and Us. No other person shall have any rights to enforce any of its terms.
15.4 Each paragraph 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.
15.5 If We do not insist immediately that you do anything you are required to do under these Terms, or if We delay taking steps against you in respect of a breach, that does not mean you do not have to do those things and will not prevent Us taking steps against you at a later date.
15.6 These Terms are governed by English law and you and We both agree to submit to the non-exclusive jurisdiction of the courts of England and Wales.
