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Nothing in the Terms of Use of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by English Law.

 

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.

 

We will not be liable to any user for any loss or damage, whether in contract, derelict (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, the Website; or
  use of or reliance on any content displayed on the Website.The following Terms and Conditions apply only to orders placed via the Thomas James Bespoke Kitchens website. They do not affect your statutory rights. Your continued use of this website constitutes your agreement to be bound by these terms and conditions which shall also govern all transactions on the website.

 

Thomas James Bespoke Kitchens Limited ("Thomas James", "we", or "us") reserves the right to change these terms and conditions from time to time without notice to you and any changes will take effect on the day they are posted. Any such changes will be posted on this section of the website and your continued use of the website constitutes your agreement to be bound by the prevailing terms and conditions. You will be requested to read and accept these terms and conditions every time you place an order. For this reason, we encourage you to review them whenever you use this website to ensure that you are familiar with the latest terms and conditions. We also recommend to all our customers to print and retain a copy of the terms and conditions for future reference. Before you place an order, if you have any questions relating to these terms and conditions please contact us by email: enquiries@thomasjamesbespokekitchens.co.uk

 

1. Definitions
In these Terms, when the following words with capital letters are used, this is what they will mean:

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"We": Thomas James Bespoke Kitchens Limited

 

"Us": You, the individual who is purchasing Goods from our Website, and Us, Thomas James Bespoke Kitchens Limited.

"Bespoke Items" and "Made to Measure Items": Goods which are made-to-measure or made to your specifications, custom-made or made-to-measure, or otherwise customised or personalised.

 

"Contract": the contract for the purchase and sale of the Goods through the Website.

 

"Goods": any products which we make available for sale through the Website.

 

"Event(s) Outside Our Control": any act or event beyond our reasonable control which may inhibit or prevent production or delivery of Goods. These acts and events may include, without limitation, third party industrial action including strikes, lock-outs or other industrial action; civil action including civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, natural disasters, failure of public or private telecommunications networks; and inability to use the railways,

shipping, aircraft, motor transport or other means of public or private transport.

 

"Order": an order for Goods which you submit to us through the Website using our online ordering system.

 

"Terms": Thomas James Bespoke Kitchens Limited Terms and Conditions of sale.

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Placing an order online
 

The following Terms apply to any Order that you place through our Website. By placing your Order online at www.thomasjamesbespoke.co.uk, you will be accepting these Terms. If you do not accept the Terms, you will not be able to order any Goods through our Website. Please read the Terms carefully before purchasing as by making a payment online you will be agreeing to and accepting these Terms.

 

Conditions of use: To place an Order through our Website, you must be both a consumer and over the age of 18. To purchase Goods on behalf of a business, please contact us.  

 

Your obligation: When you have placed your Order by clicking on ‘'Pay’ button within Checkout you will be under an obligation to pay for the Goods at the time the Order is placed.

 

Our Contract: If we accept your Order, these Terms will form the basis of the Contract between us. You should print a copy of these Terms otherwise save them for future reference. We suggest you also keep a copy of the Order Confirmation Email.

 

Accuracy of Order Information: It is your responsibility to ensure that you input and submit your Order correctly and accurately, including providing any and all additional information pertaining to your Order. An Order Summary with details of the Goods and the total price inclusive of taxes and all delivery charges and other costs will be displayed directly before you pay for your Order, at which point your order will be considered placed. Please note that we are not responsible for any errors you make when you input and submit, and effectively place your Order.

 

Purchase of products

Creating the Contract - After you have submitted your Order you are offering to buy those Goods from us. We will send you an order acknowledgement email shortly after you place your order. Please note that this email is an acknowledgement and not acceptance of your order. You should note that:
- We are not obliged to accept your Order; and
- No contract exists between us for those Goods at this stage.

 

We reserve the right to decline all or part of any Order for any reason. This might be because for example, the Goods are not in stock or are no longer available or because of a pricing error on the Website. If we decline all or part of your Order, we will contact you with additional information and will not process your order We will refund the full amount of your payment if you do not wish to order alternative Goods from us or; in the case of a pricing error, order the Goods at the correct price.

 

If we do cancel your order we will notify you by email and will refund to you any sum paid by you to us in respect of the contract as soon as possible, and in any event within 30 days of the cancellation of your order.

 

The creation of the contract between you and us will take place upon the successful delivery or collection of any part of your order unless we have notified you that we do not accept your order as outlined.

If you want to make any changes to your order, e-mail us for further assistance.

 

Our Goods
 

Images (including photographs and videos) of Goods displayed on our Website are for illustrative purposes only. They may not be representative of the actual size of the Goods. Also, we cannot guarantee that the way your computer displays colours will accurately reflect the colours of the Goods.

 

For the purpose of the Contract, the quantity, quality, description and any specifications of the Goods will be described in the Order Confirmation Email.

 

We reserve the right to alter the Goods or any relative specifications (whether or not these specifications were submitted by you when you placed your Order at any time, if we are required to do so by law. If this happens, we will notify you as soon as possible. We will not process your Order until you have confirmed your wish to proceed.

 

Payment
 

Prices on our Website are given in pounds sterling. Prices include VAT and any other applicable taxes. We will do what we reasonably can to ensure that the prices stated on the Website are accurate and up to date. In the event of any pricing errors, you will be notified by email or telephone and we will give you the opportunity to re-confirm your Order at the correct price.

 

All prices and charges on this website are quoted in UK pounds. All fitted furniture prices shown on the website are subject to VAT at 20%.

 

Delivery

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We will deliver the goods you have ordered to the address you give us for delivery at the time you place your order.

 

We aim to deliver or enable you to collect your furniture within the time quoted on our website when you place your order. Please note, all delivery dates and leadtimes quoted are given in good faith and are approximate at the time of placing your order based on the estimated length of time that we believe we can deliver the order to you based on stock levels.

 

Where applicable, our expert Delivery Service team will carefully install your new furniture in your home, exactly where you want it (subject to access). It is your responsibility to remove the product from the packaging. Please fully check the product and in the unlikely event of any product being damaged or parts missing, please advise within 72 hours of delivery.

 

All deliveries will be pre-booked and must be signed for. If you are out when our delivery team arrives, they will leave a card with a contact number for you to call them and arrange a delivery at a future date. Please note that there will be an additional charge for failed delivery where the failure two deliver is no fault of Thomas James, or where less than 48 hours notice is given of a customer cancellation.

 

Cooling Off Period

 

Under the Consumer Rights Act of 2015, you are entitled to cancel your contract, but only if you exercise this right no longer than 14 days after the day on which goods are received. This is the statutory cooling off period. After this period has expired there is no right to cancel. Item(s) cannot be returned or cancelled after the 14-day cooling off period unless the item is confirmed as being defective.

 

Under UK law, the statutory cooling off period has certain exclusions:
 

- Bespoke items. These are goods that have been ordered to the unique and exact specifications of a customer. Simply selecting a colour from a range of colours available or your product being made to order does not make your furniture bespoke under this clause. We would make it perfectly clear to you when ordering a bespoke item that it is such and that it is excluded from the Consumer Rights Act. 
 

- Self-assembly items that have been damaged during assembly.
 

- Semi-fitted wardrobes assembled by us will warrant a variable cancellation charge on a case by case basis.

 

In order to exercise the right to cancel, you must inform us in writing via email including your order number as part of your correspondence.Your Cancellation is effective from the date We receive the correspondence.

 

If you decide to cancel after receipt of the item(s), it is your responsibility to return the goods to us at your own cost and in new condition. You are the owner of the furniture once it has been delivered to you. Failure to take reasonable care of the Goods may result in a claim against you. To minimise this risk, please ensure that you pack the Goods appropriately when you return them to us to prevent any damage during transportation. Alternatively, we do offer a collection service if you are unable to return your items. We charge a collection fee on a case by case quote based on product type, number of goods and location of collection - this will be 25% for each item returned to cover the cost of collecting the Goods, plus any claim for deterioration to condition.

 

This must be done within 14 days of notification of your decision to cancel the contract.

If you cancel the Contract we will:

 

- Refund the price you paid for the Goods. Note that we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by you handling them in a way which would not be permitted or if the returned Goods have not been looked after by you with reasonable care and are not in the condition that they were in when they were delivered to you, we reserve the right to deduct from your refund any loss of value to the goods as a result of your use or damage.

 

- Refund any delivery costs you have paid. Note that we are permitted by law to make a maximum refund equal to the cost of the least expensive common and generally acceptable delivery method we offer. We do not cover supplementary delivery costs above this amount where you have used another type of delivery.

 

- Make any refund in the same form of payment you originally used for the purchase of the Goods and within 30 days of the valid cancellation of contract. Refunds can take up to 7 (seven) working days depending on your bank. For further clarification on timings, please contact your card issuer.

 

Damaged or Defective Goods
 

Every effort will be made to ensure that the goods you have ordered arrive undamaged and without defect.
However if the goods are found to be either damaged or defective in any way at the time of delivery, you have the right to the reject or return the Goods for a full refund.

 

For faults that develop after 30 days of Delivery: In the unlikely event that one of our items is to develop a fault after 30 days, please contact us. Your options may vary depending on the individual circumstances including the length of time that you have had the item and the nature of the fault please contact us.

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Non acceptance of an order by us
We reserve the right not to accept any Order request if:

• We have insufficient stock to deliver the goods you have ordered

• We do not deliver to your area;

• One or more of the Goods ordered was incorrectly described or priced on the website;

• The Goods are withdrawn from our catalogue

• The payment transaction is not authorised

 

If we do reject your order we will notify you by email and will refund to you any sum paid by you to us in respect of the order as soon as possible, and in any event within 30 days of the cancellation of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

 

Complaints and Remarks
 

If you have a complaint or a particular remark to make please do not hesitate to contact us immediately by telephone or email, the details of which are contained under the “Contact Us Page”

 

Any complaint will be dealt with fairly, effectively and confidentially. Your statutory rights as a consumer are unaffected.

 

Contractual Capacity
 

In order to be eligible to enter into a contract with us to purchase goods through the website you must:-

• provide the required information including your real name, payment details including your card address; your delivery address if different from your card address; email address and telephone number;

• be over the age of 18.

 

Invalidity
 

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these terms and conditions will not be affected.

 

Law
 

These terms and conditions shall be governed by and construed in accordance with English law and you hereby agree to be subject to the non-exclusive jurisdiction of the Courts of England and Wales. All contracts are concluded in English.

 

Other Important legal terms
 

We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract which are caused by an Event Outside Our Control. If an Event Outside Our Control takes place that affects our Contract with you we will contact you as soon as reasonably possible to notify you. Please note our obligations under a Contract will be suspended for the duration of the Event Outside Our Control.

 

Each section of these Terms operates separately. If any of these sections (or any part of any section) is found by any court or relevant authority to be unlawful or unenforceable, the other sections (or part of the section in question) shall not be affected and shall remain in full force and effect. If any section of these Terms is found to be unlawful or unenforceable but would be lawful and enforceable if some part of the section were deleted, the section in question shall apply with such deletion as may be necessary to make it lawful and enforceable.

 

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will do so only in writing, but that will not mean that we automatically waive any later default by you.

We may perform any of our obligations or exercise any of our rights under the Contract ourselves or where applicable, through any other persons (legal or otherwise) or entities.

 

Entire Agreement
 

These terms and conditions together with our current website prices, delivery details, contact details and Privacy Policy set out the whole of our agreement relating to the supply of goods to you by us. Neither Thomas James nor you may alter the terms of any agreement without the agreement in writing of the other.

 

Disclaimer

 

Thomas James is providing this Website on an "as is" basis and makes no representations or warranties of any kind, whether express or implied, in relation to this Website or its contents and disclaims all such representations and warranties. In addition, Thomas James makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information on this Website. The information contained in this Website may contain technical inaccuracies or typographical errors. All liability of Thomas James howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

 

Neither Thomas James nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this Website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

 

Thomas James accepts no liability for any information or content contained in external third party websites which link to or from this Website.

 

Notwithstanding the foregoing, none of these exclusions and limitations are intended to limit any rights you may have as a consumer, under local or other statutory rights nor in any way to exclude or limit our liability to you, for death or personal injury resulting from our negligence or that of our employees and/or agents.

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To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.

 

We will not be liable to any user for any loss or damage, whether in contract, derelict (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, the Website; or
  use of or reliance on any content displayed on the Website.

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Please note that we only provide the Website for private use. By using the Website you agree not to use it for any commercial or business purposes, and acknowledge that Thomas James is not responsible for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

Additionally, we are not liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other harmful material that may infect your computer equipment, programmes, data or other proprietary material as a result of your use of the Website or your downloading of any content on the Website, or on any linked website.

 

8. Other applicable terms

 

Our Privacy Policy also apply to your use of the Website. This sets out how we process any personal data collected from you or that you provide to us. By using the Website, you confirm that all data you provide is accurate and consent to such processing of data. Our Privacy Policy also sets our information about the cookies used on the Website.

 

Accessing the website

 

Our Website is available free of charge and may be accessed on a temporary basis. We reserve the right to change, suspend, withdraw or discontinue any part or all of the Website without notice. We make no guarantee that the Website and its content will always be available without interruption. We will not be liable to you if, our Website is unavailable at any time. You are responsible for arranging access to the Website and ensuring that anyone accessing the website via your internet connection are aware of and comply with these Terms of Use and any other applicable terms and conditions.

 

Website content
 

We may update the Website and change any part of its content. We do not guarantee that the Website, and any of its content will be without errors or omissions.

 

Acceptable use

You must not use the Website in any way that breaches any applicable local, national or international law or regulation.

• You may not, and may not allow anybody else to modify, reverse engineer, decrypt, decompile, circumvent or otherwise interfere with or alter the Website.

• You agree not to use this Website in any way that may cause the Website or access to the Website to be damaged, interrupted or impaired.

• You shall not breach or attempt to breach the security of this Website.

• When interacting with this Website you must not use a false email address, impersonate any other person or entity, or mislead us as to the origin of any electronic communications or content.

• Use of the Website in breach of the Terms of Use may give rise to a claim for damages and may also be a criminal offence.

• The Website is intended exclusively for UK residents and is not intended to be appropriate or available for use in other countries. If you access the Website from another country, you do so at your own risk and take responsibility for complying with any and all applicable local laws.

• The installation of adequate anti-virus software and related security protection to secure your computer systems when using the Website is your responsibility. We will not be responsible for any loss suffered as a result of your failure to secure your computer system.

• You may use the Website only for lawful purposes.

• You agree not to copy, duplicate, reproduce or re-sell any part of the Website in contravention of the provisions these Terms of Use. 

 

Thomas James Bespoke Kitchens Limited

Company Number:  10977373

Registered Address: 7 St Petersgate, Stockport, Cheshire, United Kingdom, SK1 1EB