Terms & Conditions of Sale
Key Points
Hallmark Kitchen Designs takes great pride in providing our customers with the highest level of service. To ensure that the supply of your goods progresses as smoothly as possible, we would like you to read and fully understand the following key points, together with our terms and conditions on the following 5 pages.
Terms and Conditions
The following terms and conditions relate to the contract between Hallmark Kitchen Designs Limited (referred to as ‘we’ or ‘us’) and you the customer (referred to as ‘you’). To protect your own interests please read the conditions carefully before proceeding with your order. If you are uncertain as to your rights under them or if you want any explanation about them, please contact your Hallmark representative.
Our contract with you is subject to these terms and conditions and the key points referred to on the previous page, together with any previous written or oral representations made by us. If you require any changes, please make sure that you ask for them to be put in writing. The materials to be supplied by us will be as described in this contract and associated plans.
Every effort is made to ensure that the goods are shown on our website, brochures and showrooms. However, as part of our policy of continual improvement of our products, methods and materials, we reserve the right to change specifications from time to time and without prior notice, so long as the changes do not materially affect the appearance or performance of the installation. We will not make any significant variations without your agreement. If for any reason beyond our reasonable control, we are unable to supply a particular item of furniture or a particular appliance, we will notify you. With your agreement we will replace it with an item of equal standard and value.
Products made from natural materials are likely to have variations of shade and grain. Some woods will mellow, mature, bow, expand and contract with exposure to sunlight, humidity & age. Painted Timber is susceptible to cracking and is usually unavoidable, so the movement of timber needs to be seen as a character of the natural material. All Natural materials will require some form of maintenance.
In addition to your statutory rights some items e.g. electrical items may have their own manufacturer’s warranty
Finally, we will not be liable under this contract for any loss or damage caused by our recommended agents for any reason.
Nothing in these conditions will reduce your statutory rights relating to faulty or miss-described goods. You should contact your local authority trading standards department or Citizens Advice Bureau if you need any more information about your statutory rights.
This agreement is covered by English law and the English courts or by the law and the courts governing where your property is if this is outside England and Wales.
PAYMENT:
A deposit paid to Hallmark Kitchen Designs is considered a confirmation of order and it is assumed that the terms and conditions have been read, understood and accepted.
You will find our payment terms at the bottom of your quotation and on our website.
Hallmark will take a 5% Deposit as a “deposit of commitment” from its retail customers. The 5% “Deposit of Commitment” is to allow us to finalise design works, conduct further surveys, release any technical drawings or book an installation slot. This is non-refundable.
Hallmark will take a 45% or 50% deposit from its retail customers (depending if you have paid a deposit of commitment). This is due when the product needs to be ordered. This is non-refundable.
The remaining 50% balance, is due as soon as the first product delivery has taken place from its retail customers . This is non-refundable. Hallmark use many different suppliers. It is sometimes therefore unavoidable that your kitchen delivery may be separated on several deliveries over different days. In most cases, you would have paid the full balance before you have received all of your goods.
Hallmark will take a 65% Deposit from our Trade Clients at point of order. This is non-refundable.
Hallmark will take a 35% Balance at point of first delivery. This is non-refundable.
Please note All goods supplied remain the property of Hallmark Kitchen Designs until full and total payment has been received. Although the products remain the property of the Hallmark, the liability of them is passed on the customer at point of delivery
CANCELLATION:
Our acceptance of your order creates a legally binding contract. In addition to your normal statutory rights, you will only be entitled to cancel the agreement in the following circumstances:
- If your contract resulted from a ‘cold call’, i.e. from a visit of an uninvited Hallmark representative to your home.
- If your contract was concluded without any face-to-face contact with a Hallmark representative i.e. over the internet, telephone, fax or mail order, etc.
To cancel your order under i) or ii) above you must inform us in writing or other durable medium (including email) within 7 working days. You will then be entitled to a full refund from us, which will be paid within 30 days of your notice of cancellation.
Where statutory rights of cancellation do not apply, you cannot cancel an order unless you pay any losses and costs we suffer because of the cancellation.
We recommend that you send any notice of cancellation by recorded delivery.
PRE-DELIVERY & PREPERATION:
Important Note Please note that your kitchen is being delivered direct from the manufacturer to your property. If your building works or preparation works over run, or if there are any delays for any reason, then it is imperative that you let us know at least 4 weeks prior to the agreed delivery date. Any less than 4 weeks notice, we will be unable to delay the manufacturing or delivery of your kitchen products. If required, and if there is availability, then Hallmark can arrange to store your kitchen in a paid storage facility at a changeable rate of £90 per week + VAT. It is imperative that you stay in regular contact with your builder, to make sure their schedule is being kept to avoid any of the above.
It is the client’s responsibility to ensure that the kitchen area is ready in time for the kitchen delivery and that is has been left to environmentally stabilise (from new floor screed, plastering etc) prior to the installation of any new kitchen products.
Kitchen doors, panels and trims must not be installed into a damp, or moisture-rich environment as it will cause undesirable movement in the joints and panels of the doors. A hygrometer should be used to assess conditions. The guarantee does not cover, and we shall not be liable for any damage caused by moisture effected products.
DELIVERY:
Our deliveries take place between 8am and 6pm, Monday to Friday. Where possible we will endeavour to inform you of an AM or PM delivery or arrange for the driver to contact you an hour before delivery. Please note our worktop deliveries are curb side delivery only – at least two persons should be on site to receive worktop deliveries. If you’re not using installers known to Hallmark, then you will need to make sure you have organised your own labour force.
We advise that you do not remove your current facilities until your kitchen is delivered and you have checked to ensure all items are on site. We do not accept responsibility for any costs direct or indirect, nor for any inconvenience caused to customers who are left without facilities due to early removal of existing facilities.
After delivery, please store the goods in a safe and dry place. We cannot accept any responsibility if damage occurs as a result of this.
Great efforts are made to make sure your products arrive in good condition. However, if incorrect or damaged goods are delivered to you, please ensure that the defects are reported to your Hallmark consultant within 3 days of delivery. Any items reported after this time frame will be chargeable. Replacements will be chargeable if the original item/s have been fitted or altered. Non-delivered items must be reported in writing to the Hallmark within 3 days of the delivery. Any items reported after this time frame will be chargeable.
PLEASE NOTE: Your kitchen is made to order, any replacement parts will be subject to manufacturing times. In order to avoid any confusion or delay we recommend that notification of the discrepancy should be confirmed in writing via email, when possible.
Delivery dates are given in good faith but are not guaranteed and no liability will be accepted for any consequential loss whatsoever suffered through late or non-delivery. The Company shall not be liable for any failure to deliver or delay in the delivery of the goods arising from any circumstances outside its control including, but not limited to, lockouts, fire, accident, defective materials, delays in respect of raw materials or bought in goods or components.
INSTALLATION
If you are not using Kitchen Installers known to Hallmark Kitchen Designs, then please pay particular attention to this section of our terms and advice, and make sure your chosen fitters are aware of their obligations – If you are using Kitchen Installers known to Hallmark Kitchen Designs, they are familiar with our working practices, and will work to best practices and work within the parameters of our terms.
We cannot accept any responsibility for the installation quality, damages, or any failure to comply with relevant gas, water or electricity regulations, caused by installation errors. This point is relevant for recommended installers or your own chosen installers. It is the installers responsibility to take on all liability regarding the installation.
It is the customer’s responsibility, to ensure that the plan and all quantities of product are checked by yourselves or your chosen installer. It is you and your installers responsibility to confirm that the plan, product specification and product quantity are correct. We are unable to accept the return of any item after the product has been delivered.
The customer is responsible for all measurements. Great care will be taken by your Hallmark Design Consultant to make sure that the site survey and plans are as accurate as possible. However, if Hallmark Kitchen Design’s recommended installers are not involved with the installation, then the kitchen design needs to be considered a conceptual idea. All plans and drawings should be treated as approximate. You must make sure your chosen installer conducts a full site survey prior to the order being placed.
Key points when not using a fitting team known to Hallmark Kitchen Designs.
To aid us in the success of this project, please take the time to read through the following, discuss with your chosen fitter and agree on an appropriate fee between yourselves for the installation.
- Please make sure your chosen fitter has read and understood all documents within the project pack. These include floor plans with design notes, elevations, perspective drawings, furniture list & approximate installation requirements.
- Due to the bespoke nature and inspiring designs we create (with client satisfaction in mind), often unknown fitters underestimate the amount of time required to install our kitchens. Please make sure you have agreed an appropriate fee with your fitter for the required works. With the average install taking approximately 10 days. Also, please make sure your chosen fitter has quoted for various post installation visits as well as one day’s snagging after completion.
- We offer a free studio design meeting to discuss the design in more detail, to aid in the smooth running of the project. We advise that all kitchen installers take advantage of this prior to the kitchen installation start date.
- Please discuss between yourself and your chosen fitter, who is responsible for all measurements and workings of the design. Great care will be taken by your Hallmark Design Consultant to make sure that the site survey and the plans are as accurate as possible. However, the kitchen design needs to be considered a conceptual idea. All plans and drawings should be treated as approximate, and some on-site solutions will need to be considered for designs to work. You must make sure the chosen installer conducts a full site survey before the order is placed.
- Please Note: our kitchens are not “off the shelf”, and some of the bespoke elements in your design will require a combination of component product supply, and your fitters on site solutions. All pull-out solutions and accessories require on-site assembly and installation.
PRODUCT & DELIVERY OBLIGATIONS FOR ALL FITTERS.
- Great efforts are made to make sure the products arrive in good condition. However if incorrect or damaged goods are delivered, please ensure that the defects are reported to Hallmark within 3 days of delivery. Any items reported after this time frame will be chargeable
- Any Replacements will be chargeable if the original item has been fitted or altered.
- If a damaged appliance has been fitted or does not have its original packaging, we will be unable to offer a refund or replacement. Appliances can only be returned with perfect original packaging.
- Please Note; our kitchens are made to order and not stock items. We work to a typical lead time of 2-3 weeks on replacements (sometimes longer). So early notice of any issues is advantageous for the project. Please make sure all goods are opened and checked as the installers first task.
DESIGN:
Please Note: All Hallmark Kitchen Design ideas, scale drawings, perspective drawings, plans and elevations are copy written under copyright law and remain the property of Hallmark Kitchen Designs until a purchase price has been agreed. This will be in the form of a project deposit or permission in writing from one of our directors. Any unauthorised use of these documents or designs will be considered an infringement of copyright law, and appropriate action will be taken.
RECOVERY & POSSESION:
A third party finance collection company will be employed in the case of overdue balance payments. All associated costs including lost interest calculated at of 4% above Lloyds TSB bank base rate prevailing at the date.
If the buyer goes into receivership, liquidation or bankruptcy, owing unpaid contract debts to the company or if the buyer fails to pay an invoice delivered by Hallmark within 30 days of receipt for any reason, Hallmark has the right:
(A) To repossess all goods supplied by Hallmark to the Buyer at any time, weather they have been partially paid for or not.
(B) To take possession of all goods, prior to its receivers, managers, liquidators or trustees in bankruptcy grants; to make any claim of the goods or the value of the goods.
(C) To enter its premises or to have a third party company enter the premises, on Hallmark’s behalf. For the purpose of such repossession or possession. Hallmark Kitchen Designs has an irrevocable licence to do so.
