1. Interpretation
1.1 The following Conditions shall apply to all contracts concluded by Benjamin James Fitted Kitchens, Bedrooms & Bathrooms.
In these Conditions, the following words shall have the following meanings: the Seller shall mean Benjamin James Fitted Kitchens, Bedrooms & Bathrooms. The Goods shall mean the products which are supplied by the Seller in accordance with these Conditions. The Buyer shall mean the person, firm or company entering into the Contract to purchase the Goods from the Seller. Writing includes fax, e-mail or post.
1.2 The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. Basis of the Sale
2.1 The Seller shall sell and the Buyer shall purchase the Goods in accordance with any order acknowledgement provided by the Seller to the Buyer, subject to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions, even though a buyer might seek to impose other Conditions submitted later which purport to exclude or supersede any Conditions contained herein.
2.2 No variations of these Conditions are permitted unless expressly permitted by an authorised person of the company in writing.
3. Cancellations and Returns
3.1 All orders must be sent to the Seller in Writing, by post, e-mail, fax or via the online shopping system. Cancellation requests should be sent in the same manner as the original order, including all appropriate reference numbers. We regret we may not be able to accept a return if it is sent without prior authorisation.
3.2 The Goods are 'made to order' hence no right to cancel exists for the Buyer except where expressly agreed by the Seller in Writing and we will ask for reason for cancellation.
3.3 The Buyer will in the event of agreed cancellation by the Seller indemnify the Seller fully against all expenses incurred up to the time of such cancellation.
3.4 Where permission to return is agreed, the Goods can not have been fitted and must be returned at the Buyers expense in their original condition in their original unopened packaging.
3.5 Where the Goods are not made to order, the Buyer has the right to cancel the contract at any time up to 14 days starting from when the goods are received and will be entitled to a refund, less all expenses incurred by the Seller up to the time of cancellation. (Currently Our Postage)
3.6.1 The Buyer is entitled to free replacement of any Goods that arrive damaged. The Buyer must inspect the Goods and inform the Seller within 48 hours of any damages. (Exception in claus 3.6.2) The replacement Goods will be shipped assembled or flatpack, dependant on uk geographical location.
3.6.2 Where the Goods are a natural product. Eg. Solid Wood. The Goods must be inspected upon delivery and not be accepted if any damage is present.
4. Price
4.1 All prices charged are those in place at the date of acceptance of the order from the Buyer unless otherwise stated.
4.2 All prices quoted are valid for 30 days or until earlier acceptance by the Buyer, after which time they may be altered by the Seller without giving notice to the Buyer.
4.3 Unless otherwise stated, the prices shown are inclusive of VAT.
4.4 The Seller reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller.
4.5 The Seller reserves the right to adjust prices and specifications on this website with no notice.
5. Payments
5.1 The Seller reserves the right at any time to demand payment in full before continuing with or delivering any Order.
5.2 Payment methods include but are not restricted to Credit/Debit cards (excluding American Express and Diners) online or by phone, Personal Cheque or Direct Bank Transfer. Whichever method is used, applicable clearance times will be allowed for before placing any Order or delivering any Goods.
5.3 The Seller will charge 3% of the order value per 7 day week from delivery into the Seller’s warehouse of any order delayed delivery if not the fault of the Seller but the Buyer beyond the original agreed delivery date.
5.5 The Buyer, having several ordering options to consider, shall make the agreed payment on ordering Goods within 30 days. Except where the Goods are ordered directly and immediately via our website, full payment is made at point of order in this circumstance, via the secure payment servers of Secure Trading.
5.6 Should the Buyers payment not clear then the Seller may charge (in addition to the amount shown on the invoice) the cost of time spent pursuing payment including any travelling expenses and legal costs incurred by the Seller in connection with recovery of the whole or any part of the debt due to Seller (on a full indemnity basis) whether or not proceedings are commenced or costs can be awarded by the court.
5.7 Payment can be made by bank transfer, cheque, cash or debit card without extra charge. A 2.9% surcharge is made for payment by credit card.
5.8 We do not accept American Express or Diners club credit cards.
6. Delivery
6.1 Delivery of the Goods shall be made by the Seller’s chosen delivery company delivering the Goods direct to the Buyer’s specified mainland UK address. For addresses within the Lancashire and Yorkshire area, delivery of the Goods may be made by the Sellers own staff and vehicles. Doors & Components may be delivered directly from the manufacturer using an approved courier.
6.2 The Seller shall be responsible for the delivery of Goods to the delivery address. 6.3 The delivery date specified in the contract is a genuine forecast in the light of current conditions but is given without legal commitment. Factors outside the Sellers control can arise, potentially causing delays.
6.4 The Seller shall not be liable for any delay in delivery howsoever caused. Late delivery of the Goods does not entitle you to reject the Goods, terminate the Contract or withhold payment of any part of the price.
6.5 The Seller reserves the right to make delivery of the Goods by instalments. Failure by the Seller to deliver the Goods in a single instalment constitutes no right on the Buyers behalf to repudiate any part of the Contract.
6.6 Deviations in quantity of the Goods delivered from that stated in the Buyer’s order shall give the Buyer no right to reject the Goods or to claim damages. The Buyer shall be obliged to accept and pay at the hitherto stated rate for the quantity of the Goods delivered.
6.7 The Seller shall not be held responsible for any damage or injury caused by any object delivered by the Seller or its agents under direction of the Buyer as to its final resting location.
6.8 Where a failed delivery takes place and additional delivery, storage or other costs are incurred when meeting the Buyers requirements, all additional costs will be passed on to the Buyer.
6.9 It is the responsibility of the Buyer to inform us, at time of order, of any unsuitable road conditions that may affect the delivery. What constitutes an unsuitable road condition is at the discretion of the Seller’s delivery company.
6.10 Additional delivery and storage charges will also be levied to the Buyer when the Buyer gives insufficient warning of a delivery cancellation or rearrangement. Typically, insufficient warning means any time within 10 working days prior to the arranged delivery date.
7. Inspection/Shortage
7.1 The Buyer is under a duty whenever possible to inspect the Goods on delivery. Where the Goods are sent by courier and/or cannot be examined, the carriers’ delivery note must be marked “unexamined”.
7.2 The Seller shall be under no liability for any damage or shortages that would be apparent on careful inspection if the terms of this clause are not complied with and, in any event will be under no liability if a written complaint is not delivered to the Company within 48 hours of delivery detailing the alleged damage or shortage.
7.3 In all cases where defects or shortages are complained of the Seller shall be under no liability in respect thereof unless an opportunity to inspect the Goods is supplied to the Seller before any use is made thereof or any alteration or modification is made thereto by the Buyer.
7.4 Subject to clause 7.2 and 7.3, the Seller agrees to make good any shortage in the Goods and where appropriate replace any goods damaged in transit as soon as it is reasonable to do so, but otherwise shall be under no liability whatsoever arising from such shortage or damage.
8. Title and risk
Provided payment has been made in full you will become the owner of the goods you have ordered upon their delivery to you. Once the goods have been delivered they will be held at your own risk and we will not be liable for any subsequent damage to the goods or for their loss or destruction.
9. Warranty / Guarantee
9.1 The Seller warrants that it has title to and the unencumbered right to sell the Goods.
9.2 It is the Buyer’s responsibility to ensure that the Goods are suitable for the purpose to which they are intended to be used.
9.3 No representation or warranty is given as to the suitability or fitness of the Goods for any particular purpose and the Buyer shall satisfy itself in this respect and shall be totally responsible therefore.
9.4 If the Buyer has any specific requirements for the use of the Goods the Buyer must notify these requirements to the Seller in writing before purchasing the Goods. 9.5 If the Buyer is unsure as to the suitability of any Goods for a particular purpose it should consult the Seller prior to purchase.
9.6 If the Goods are in such a state as would but for this condition entitle the Buyer to repudiate the contract and/or claim damages from the Seller, the Seller reserves the right to repair or replace the Goods.
9.7 The Goods are fully guaranteed by their various manufacturers for differing lengths of time. Full details are available in the description of each item on this web site.
10. Liability
10.1 The Seller shall not be liable for any indirect, incidental, consequential loss arising out of the Contract or the performance or any use of the Goods or Services. 10.2 Nothing in clause 10 shall be deemed to exclude or restrict the Sellers liability for death or personal injury resulting from the Sellers negligence.
10.3 The price shall be affected by any material changes that you request or which are agreed provided for herein, even if we were advised of the possibility of such damages.
10.4 The maximum liability of the Buyer or the Seller under any Contract between the Buyer and the Seller is limited to the price.
10.5 This clause only covers defects caused by faulty design, manufacture, materials or workmanship. It does not cover defects caused by abnormal use, misuse or neglect. It does not cover faulty design, manufacture materials or workmanship supplied or undertaken by the Buyer or third parties. In respect of goods not designed or manufactured by the Seller, the Seller only gives such guarantee or warranty to the Buyer as the Company itself receives. The Seller agrees that if any defect covered by clause 10.5 is discovered during the period of twelve months commencing from the date of despatch, the Seller will either repair the Goods at its own expense or, if it chooses to do so, replace them. The Seller does not bear any responsibility for defects arising or introduced by a Buyer in the course of storage or handling of the products where that Buyer acts as an agent or distributor of the Seller’s products. The Buyer should consult the Seller if any doubt exists with regard to the appropriate storage or handling requirements of the Goods. The Buyer must inform the Seller of any defect applicable to this clause within 3 working days of discovery. These Goods are to be returned to the Seller, at the Buyers expense in the same fit state as the Goods were delivered to the Buyer. The risk of accidental loss while the Goods are being returned will be borne by the Buyer. In consideration for receiving the benefit of this clause, the Buyer agrees that, apart from those terms set out in Clauses 9 and 10, no other terms, conditions, warranties or innominate terms, express or implied, statutory or otherwise, shall form part of this Contract.
10.6 Exclusion of Consequential Loss the Seller shall not be liable for any consequential or indirect loss suffered by the Buyer whether this loss arises from breach of duty in Contract or in any other way (including loss arising from the Seller’s negligence). Examples of consequential or indirect loss are, but not limited to: loss of profits, loss of contracts, damage to property of the Buyer or anyone else, and personal injury to the Buyer or anyone else (except when such injury is attributable to the Seller’s negligence).
10.7 Limitation the Seller’s total liability for any one claim or for the total of all claims arising from any one act or default of the Seller (whether arising from the Seller’s negligence or otherwise) shall not exceed £1,000,000.
11. Delays
11.1 The Seller shall not be held liable to the Buyer if the Seller is prevented or delayed in the performance of any obligations to the Buyer if this is due to any cause beyond the Seller’s reasonable control, for example but not limited to: An act of God, explosion, flood, fire or accident. War or civil disturbance. Strikes, industrial action or stoppages of work. Any form of government intervention. A third party act or omission. Failure by the Buyer to provide the Seller with a correct e-mail or delivery address or notify us of any change of address, or inform us of any highway restrictions preventing delivery to the Buyer. Shortage of materials, labour or manufacturing facilities.
11.2 Should the Seller be prevented from delivering in the above circumstances, it shall give the notice of this fact as soon as reasonably practicable.
11.3 If the circumstances preventing delivery are still continuing three months after the Buyer receives the Seller’s notice, then either party may give written notice to the other cancelling the Contract.
11.4 If the contract is cancelled in this way, the Seller will refund any payment which the Buyer has already made on account of the price (subject to deduction of any amount the Seller is entitled from the Buyer) but the Seller will not be liable to compensate the Buyer for any further loss or damage caused by failure to deliver.
12. Law and Jurisdiction
The contract shall be governed by and construed in accordance with the laws of England.
13. Complaints and dispute resolution procedure
We aim to provide an effective customer-led service supplying goods and services which we believe are both excellent products and value for money. However, should any difficulties arise between us under this contract, we will strive to resolve them amicably. Despite this intention, if you still feel the need to make a formal complaint please do so in writing sent to our business address.
