TORTON BODIES LTD (Trading as Outdoor kitchen islands) – TERMS AND CONDITIONS OF SALE – CONSUMER

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The following important Terms & Conditions apply to this contract. Please read them carefully before you order.  These terms apply to contracts made with private individuals not businesses.

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Additional rights also apply to some other consumer contracts that are concluded during our visit to your home or your visit to our premises; please check with us if this applies.

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Please note our Cancellation and Returns policy at (9)

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1. Definitions
In this contract:

• ‘Goods’ includes goods supplied and/or supplied and installed.

• ‘We’, ‘us’ or ‘our’ means TORTON BODIES LTD, trading as OUTDOOR KITCHEN ISLANDS and

• ‘Customer’, ‘You’ or ‘your’ means the person buying Goods from us

• ‘Order Confirmation’ is the email or letter or proforma invoice sent to you confirming our acceptance of the order and the

• Proposal the order is based on together with any additional information you may need.

• ‘Proposal’ is the Proposal provided on our website or sent to you by us giving details of the proposed Goods we will supply. Where there has been more than one proposal sent to you the proposal number will be quoted in the order confirmation or a copy will be provided.

2. Who are we?

• TORTON BODIES LTD (Trading as Outdoor Kitchen Islands) is a company registered in England and Wales with registered number 683438

• Registered office is at Pilot Works, Holyhead Road, OakengatesTF2 6BB

• e-mail: james@outdoorkitchenislands.co.uk

• We are normally open Monday-Thursday 9-5pm, and 4.30pm on a Friday.

• Our VAT number is: GB 160 5907 69

• Our website is at:  www.outdoorkitchenislands.co.uk

 

3. Introduction

3.1 If you buy Goods from us you agree to be legally bound by this contract and these terms.

3.2 When buying any Goods you also agree to be legally bound by:

3.2.1 Details and specific terms which apply to your order that are set out in the Proposal

3.2.2 Other details that have been agreed and are confirmed in writing in the Order Confirmation.

3.2.5 These documents form part of this contract as though set out in full here.

4. Information we give you

4.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. We will give you this information in a clear and understandable way. Typically, we will do this in a written Proposal before you buy the Goods from us. Some of this information is likely to be obvious from the context. Some of this information is also set out in this contract, such as the company and contact details above, details of our warranty contact information in clause 12 and our cancellation and returns policy in clause 9.

4.2 The key information we give you by law forms part of this contract (as though it is set out in full here).

4.3 Once the contract is made we will only change any key information if you agree to it. Any changes to the key information will be confirmed in writing or by e-mail.

5. Your privacy and personal information

5.1 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a complaint or query about the use of your personal information.

6. Ordering Goods from us

Below, we have set out for your information how a legally binding contract between you and us is made:

6.1 The Proposal or any other information or quotation given to you by us or provided online before you make an order for Goods is not a binding offer by us to supply such Goods.

6.2 When you decide to place an order for Goods with us, this is when you offer to buy such Goods from us.

6.3 When you place your order with us, we will carefully check the details and will normally issue an Order Confirmation promptly by e-mail or post. If we have any queries or in the unlikely event of any changes being needed (for example if we need to change any details regarding products or installation dates) we will contact you as soon as possible by telephone or email. Once we have confirmed that you are happy we will send you an Order Confirmation which includes these details.

6.4 The contract is binding once the Order Confirmation is sent out and we will start the detailed design and production of the Goods ready to deliver and/or install them for you. See clause 9 for the cancellation policy.

7. Delivery and Installation

The time(s) and date(s) for delivery, and for installation where applicable, will be arranged with you by phone within the period shown on the Proposal and Order Confirmation.

7.2 If you have any questions please contact us using the details shown above.

7.3 If anything should happen which is outside of our control, and affects the estimated date of delivery and installation we will let you know as soon as possible and rearrange this with you and confirm it by email.

7.4 Delivery of the Goods will take place when we deliver them to the address that you gave to us, and if we are installing the Goods for you the order will be regarded as completed as soon as the installation has been satisfactorily finished.

7.6 You are responsible for the Goods when delivery has taken place. In other words, the risk in the Goods passes to you.

7.7 If you request that Outdoor Kitchen Islands ship the Goods to an address outside of the UK mainland you agree to be responsible for the extra costs involved such as shipping, export paperwork, duty and taxes etc. and understand that cancellation and return rights may not apply outside the UK.

8. Payment and Price

8.1 We accept payment by most methods including bank transfer, cheques, and Visa or MasterCard credit cards and debit cards.

8.2 Payment is required as follows, unless other terms are set out in the Proposal or agreed in writing:

8.2.1 For website orders of in-stock products payment is required in full at point of order and delivery will be arranged.

8.2.2 For orders placed by phone and/or email or for bespoke products other payment terms may apply.

8.3 The price of the Goods will be as shown on the Proposal and confirmed in the Order Confirmation including the following details:

8.3.1 The total price which includes VAT at the applicable rate.

8.3.2 All charges for delivery at the address shown.

8.3.3 Charges for installation if Outdoor Kitchen Islands are providing this service.

(Note: unless otherwise stated prices quoted for delivery and installation assume the address is on the UK mainland at ground level with normal access. If this is not the case extra charges will apply – please ask for a quotation before ordering.)

If you have questions or anything is not clear please contact us for clarification as we want everything to be clear to you.

9. Right to Returns and cancellations

9.1 Customers buying through the website or by phone and email without visiting our premises have additional cancellation rights. After the order has been placed you have a period of 14 days when the order can be cancelled and a further right of cancellation for 14 days after the goods have been delivered before they are installed.

9.2 It is important to understand that because of the specialist nature and large size of the product, delivery and collection costs are expensive and customers are required to pay for these if orders are cancelled after delivery. The delivery charge will not be refunded and the collection charge will be equivalent to the original charge for delivery and installation. Installation charges also cannot be refunded after the work has been carried out. Any product returned must be in “as new” condition and Outdoor Kitchen Islands may deduct charges for excessive handling or damage.

10. Nature of the Goods

10.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’) which we must comply with. We will ensure that the Goods supplied:

10.1.1 are of satisfactory quality

10.1.2 are fit for purpose

10.1.3 match the description, sample or model, (subject to reasonable variation of colour and finish with natural materials) and

10.1.4 are installed properly (if we are installing the Goods)

10.2 Any Goods sold at discount prices or such as “ex-demo” stock that has for example been previously installed in a display will be clearly identified and sold as such. Please check that any such Goods are of a satisfactory quality for their intended use.

10.3 In the unlikely event of our being unable to supply certain Goods we may need to substitute them with alternative Goods of equal or better standard and value. We would always discuss this with you first and make sure you are happy.

13. Limit on our responsibility to you

13.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

13.1.1 losses that were not foreseeable to you and us when the contract was formed

13.1.2 losses that were not caused by any breach on our part

13.1.3 business losses

13.1.4 losses to non-consumers

13.1.5 delays caused by circumstances outside of our control including pandemics and external factors.

13.2 The laws of England and Wales will apply to this contract. The jurisdiction of England and Wales also applies except that where Goods are supplied to consumers in other areas of the UK their own jurisdiction may be used.

14. Third party rights

No one other than a party to this contract has any right to enforce any term of this contract.

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© TORTON BODIES LTD (Trading as Outdoor Kitchen Islands) 2024