Website Terms and Conditions of Sale


Please read these terms and conditions before ordering any products from www.kitchensinstock.co.uk (the “Website”). You should understand that by ordering any Goods on the Website you agree to be bound by these terms and conditions (including our Website Terms of Use and our Privacy Policy).  If you refuse to accept these terms and conditions, you will not be able to order any Products from the Website. 

You should print a copy of the terms and conditions, or save them on your computer, for future reference.  These terms and conditions, and any Contract between us, are only in the English language.

 

1.  Definitions

1.1 In these Conditions (unless the context otherwise requires):

  • “Conditions” means these terms and conditions;
  • “Contract” means the contract for the sale and purchase of the Goods made between you and us through the Website;
  • “Goods” means the goods to be supplied by us to you pursuant to the Contract;
  • “Territory” shall mean mainland England, Scotland, and Wales (excluding, for the avoidance of doubt, Northern Ireland, Isle of Wight, Isles of Scilly, Hebrides, Orkney, Shetland, Isle of Man, and the Channel Islands);
  • “we” means InStock (Company Number 1520217), and “us” and “our” shall be construed accordingly; and
  • “you” means the person, firm or company that places an order with us through our Website, and “your” shall be construed accordingly.

 

2. Information About Us & Contacting Us

2.1 The Website is owned and operated by Instock.  Our company is registered in England with company number 1520217.  Our VAT registration number is 333 661270.  Our registered office address is at Mazars House, Gelderd Road, Gildersome, Leeds, LS27 7JN. Our trading address is Unit 600, Bretton Park Way, Dewsbury, West Yorkshire WF12 9BS.

2.2  To cancel a Contract in accordance with your legal right to do so as set out in clause 10, you just need to let us know that you have decided to cancel.  The easiest way to do this is to email us at info@productsinstock.co.uk or contact us by telephone on 0845 600 5755 or by post to Unit 600, Bretton Park Way, Dewsbury, West Yorkshire WF12 9BS. You can also do this by completing the cancellation form shown at Annex A.  If you use this method we will email you to confirm we have received your cancellation.  If you are emailing us or writing to us please include details of your order to help us to identify it.  If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us.

2.3  If you wish to contact us for any other reason, including because you have any complaints, you can contact us by email at info@productsinstock.co.uk or contact us by telephone on 0845 600 5755.

2.4 If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.

3. Your Status

3.1 The Website is only intended for use by customers resident in the Territory.  We do not accept orders from any customers outside of the Territory.

3.2  Do not place an order with us unless:

(a) You are legally capable of entering into binding contracts
(b) You have the necessary permission and authority to enter into this Contract;
(c) You are at least 18 years old;
(d) You are a resident in the Territory; and
(e) You are accessing the Website from within the Territory.

3.3 We will not accept, and will be entitled to refuse, orders placed with us contrary to the provisions of clause 3.2 above.

4.Basis of the Sale

4.1 We have taken reasonable precautions to try to ensure that prices quoted on the Website are correct and that all products have been fairly described. However, when ordering products through the Website, please note that:

  • Orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on the Website;
  • All prices are displayed in pounds Sterling inclusive of UK VAT.  We reserve the right to increase prices to reflect any increase in UK VAT, without notice to you;
  • The dimensions, images, drawings and capacities shown on the Website are approximate only and images are exclusively for illustration purposes only;
  • Whilst we try to display the colours of products accurately on the Website, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery; and
  • All Goods shown on our Website are subject to availability. We will inform you as soon as possible if the Goods you have ordered are not available.  We may offer to supply you with alternative products of equal or higher quality and value (which you will be free to accept or decline). If you do not wish to accept these alternative products, you may cancel the order and receive a full refund.

 

5. Price

5.1 The price of Goods will be as quoted on our Website from time to time. While we will try to ensure that all prices on our Website are accurate, errors may occur from time to time. If we discover an error or need to increase the price of the Goods you have ordered, we will inform you as soon as possible and give you the option of either re-confirming your order at the correct price or cancelling it.  If we are unable to contact you, we will treat the order as cancelled, or where you decide to cancel your order and have already paid for the Goods, we will give you a full refund.

5.2 The price of Goods does not include delivery charges.  Our delivery charges are as quoted on our Website from time to time.  To check relevant charges, please [click here].

6. Ordering your goods

6.1 During the checkout process, you will be asked to complete your payment details. All fields indicated as compulsory must be completed.  Our order process allows you to check and amend any errors before submitting your order to us.  Please take the time to read and check your order at each stage of the order process.

6.2 When you place an order to purchase Goods from us, we will send you an email confirming receipt of your order, which will contain the details of your order. This does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.3.

6.3 Your order will be accepted by us when we send you an email confirming that the Goods have been dispatched to you (“Dispatch Confirmation”) at which point the Contract between us will be formed. If no such email is sent, the Contract between us will be formed when the Goods are delivered to you.

6.4 We reserve the right not to accept your order for reasons including, but not limited to, the following:

  • The Goods you ordered being unavailable from stock,
  • Our inability to obtain authorisation for your payment,
  • The identification of a pricing or product description error, or
  • You not meeting the eligibility to order criteria set out in these Conditions.

If we do not accept your order we will notify you by email and refund the full amount you have paid to us in respect of your order.

7. Delivery of Goods

7.1 We will deliver the Goods to the door of the address specified for delivery by you in your order.  We strongly recommend that you do not book fitters or tradesmen until the Goods have actually been delivered and checked by you.

7.2 We will give you an estimated delivery date. We will let you know if we cannot deliver Goods within 7 days of the date of your order, in which case we will provide you with a revised date, which will be within 30 days after the date of the Dispatch Confirmation.

7.3 If we miss the 30 day delivery deadline for any Goods then you may cancel your order straightaway if any of the following apply:

(a) we have refused to deliver the Goods;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.

7.4 If you do not wish to cancel your order straightaway, or do not have the right to do so under clause 7.3, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.

7.5 If you do choose to cancel your order for late delivery under clause 7.3 or 7.4, you can do so for just some of the Goods or all of them, unless splitting them up would significantly reduce their value.  If the Goods have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this.  After you cancel your order we will refund any sums you have paid to us for the cancelled Goods and their delivery.

7.6  When a delivery date has been arranged, you must ensure that someone is available at the delivery address to accept the delivery. All deliveries must be received and signed for by a person at the delivery address. Our deliveries are made by a single driver to the door of the address specified for delivery by you in your order. As the Goods can be heavy, we strongly advise you to ensure that there is someone available at the delivery address who is capable of heavy lifting, so that you can move the Goods into the appropriate place in your property.

7.7 We will always try to make one single delivery to you wherever possible to minimise any inconvenience. This means that when an order contains a mix of Goods with different delivery lead times, the longest lead time will apply to the whole order (subject to the 30 day delivery deadline referred to in clause 7.2). We reserve the right to deliver by way of instalments.

7.8 If we cannot deliver the Goods to the delivery address on the arranged delivery date because either we cannot access your delivery address or no-one is available at the delivery address to accept delivery of the Goods, we reserve the right to charge you (at our normal delivery rates) to re-deliver the Goods on a different date. If we agree a re-delivery date with you, but we cannot deliver the Goods on that date for the reasons set out above, or if we cannot contact you within 14 days of the original delivery date, to agree a re-delivery date with you, we may cancel the Contract, in which case we will refund to you the price of the Goods, but we will be entitled to retain any delivery charges paid by you in relation to them.

7.9 If Goods are damaged on delivery you can refuse to accept them. If part of an order is damaged on delivery, you can accept the order but make a note on the delivery note of which item(s) are damaged. We will arrange collection of the damaged item(s) and delivery of the replacement item(s).

8. Ownership and Risk of Loss or Damage

8.1 The risk of loss or damage to the Goods will be your responsibility as from delivery of the Goods to the delivery address.

8.2 We remain the owner of the Goods until you have paid for them in full.

9. Manufacturer Guarantees

9.1 Some of the Goods we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Goods.

9.2 A manufacturer’s guarantee is in addition to your legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

 

10. Your Right of Return & Refund

10.1 If you are a consumer, you have a legal right to cancel a Contract during the period set out below in clause 10.3.  This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep any Goods ordered from us, you can notify us of your decision to cancel the Contract and receive a refund.  Advice about your legal right to cancel the Contract is available from your local Citizen’s Advice Bureau or Trading Standards office.

10.2 However, this cancellation right does not apply in the case of Goods made to your specification or clearly personalised, or any made-to-measure or custom-made products.

10.3 Your legal right to cancel a Contract starts from the date when the Contract between us is formed (see clause 6.3 for a description of when this is).  Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:

Your Contract End of the cancellation period
Your Contract is for a single product (which is not delivered in instalments on separate days). The end date is the end of 14 days after the day on which you receive the product.
Your Contract is for multiple products which are delivered on separate days. The end date is 14 days after the day on which you receive the last instalment of the product or the last of the separate products ordered.

10.4 You can also cancel your order for Goods at any time prior to the date when the Contract between us is formed.

10.5 To cancel a Contract, you need to let us know that you have decided to cancel.  The easiest way to do this is to email us at info@productsinstock.co.uk or contact us by telephone on 0845 600 5755. You can also do this by completing the cancellation form shown at Annex A.  If you use this method we will email you to confirm we have received your cancellation. 

10.6 If you cancel your Contract we will:

10.6.1 refund you the price you paid for the Goods.  However, please note 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 your handling them in a way which would not be permitted in a shop.  If we refund you the price before we are able to inspect the Goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount for diminished value.

10.6.2 refund any delivery costs you have paid if products are faulty or damaged before arriving to you although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method).  For example, if we offer delivery of a Goods within 3-5 days at one cost but you choose to have the Goods delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

10.6.3 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

10.6.3.1 if you have received the Goods, 14 days after the day on which we receive the Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the Goods back to us;

10.6.3.2 if you have not received the Goods, 14 days after you inform us of your decision to cancel the Contract.

10.7 We will refund you on the credit card or debit card used by you to pay.

10.8 If Goods have been delivered to you before you decide to cancel your Contract:

10.8.1 You must return it to us without undue delay and in any event no later than 14 day after the day on which you let us know that you wish to cancel the Contract.  We will collect the Goods from the address to which they were delivered.  We will contact you to arrange a suitable time for collection.

10.8.2 Unless the Goods are faulty or not as described, you will be responsible for our costs of collecting the Goods from you.  We will charge you the direct cost to us of collection, which are the same as our delivery charges to you.  To check relevant charges, please [click here].

10.9 Because you are a consumer, we are under a legal duty to supply Goods that are in conformity with this Contract.  As a consumer, you have legal rights in relation to Goods that are faulty or not as described.  These legal rights are not affected by your right of return in this clause 10 or anything else in these terms and conditions.  Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

10.10 If the Goods are faulty or mis-described, and we agree that they are faulty or mis-described, we will exchange the Goods or refund the price of the Goods in full, together with any applicable delivery charges (whichever you decide).  We will arrange for collection and return of the Goods through our nominated carrier, which shall be at our cost.

10.11 Any items that you wish to return that are not damaged will incur a 20% re-stocking fee. You will also be responsible for covering the return delivery costs and ensuring that all items are received by us in a brand new, unopened, undamaged, re-sellable condition. You will be issued a credit note for 80% of the returned products value upon receipt of goods.

11. Our warranty for the Goods

11.1 For Goods which do not have a manufacturer’s guarantee, we provide a warranty that on delivery and for a period of 6 months from delivery, the Goods shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 11.2.

11.2 The warranty in clause 11.1 does not apply to any defect in the Goods arising from:

11.2.1 fair wear and tear;

11.2.2 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

11.2.3 if you fail to operate or use the Goods in accordance with our instructions or the manufacturer’s instructions;

11.2.4 any alteration or repair by you or by a third party who is not one of our authorised repairers or without our approval; or

11.2.5 any specification provided by you.

If you are a consumer, this warranty is in addition to your legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

 

12. Liability

12.1 If we fail to comply with these Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

12.2 We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or re-sale purposes, and as such any losses arising from such use will not be foreseeable by us, and will not be recoverable by you from us. Furthermore, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12.3 We do not in any way exclude or limit our liability for:

12.3.1 death or personal injury caused by our negligence;

12.3.2 fraud or fraudulent misrepresentation;

12.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

12.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

12.3.5 defective products under the Consumer Protection Act 1987.

12.4 If you are a business customer or if you subsequently use the Goods in relation to a business, then notwithstanding your breach of these Conditions, our liability to you will (subject always to clause 12.2) be limited to the value of the Goods in relation to which the liability arises.

13. Events outside our control

13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 13.2. 

13.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

13.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

13.3.1 we will contact you as soon as reasonably possible to notify you; and

13.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

14. General

14.1 If we have to give you notice in writing we will do so by email or post to the address you provide to us in your order.   If we contact you by email you agree that such communications will comply with any legal requirement that such communications be in writing.

14.2 A person who is not a party to the Contract shall not have any rights under or in connection with it.

14.3 These Conditions shall not create any agency or partnership between us and you or any third party.

14.4 We may assign, license, or sub-contract all or any part of its rights or obligations under a Contract. This Contract is personal to you and you may not assign, license, or sub-contract all or any of its rights or obligations under these Conditions without our prior written consent.

14.5 Where we do not take action against you for any breach of the Contract, we shall not be prevented from taking action against you in respect of that or any subsequent breach of the same or any other provision.

14.6 Where any competent authority deems any clause of these Conditions to be invalid or unenforceable in whole or in part, then the offending part shall be removed and the validity of the remainder of these Conditions shall not be affected.

14.7 These Conditions are governed by English law.  This means a Contract for the purchase of Goods through our Website and any dispute or claim arising out of or in connection with it will be governed by English law.  You and we both agree that the Courts of England and Wales will have non-exclusive jurisdiction.  However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

14.8 We reserve the right to monitor and record telephone calls our staff receive and make in order to monitor staff performance and ensure the highest service possible to our customers.

14.9 We reserve the right to make changes to these terms and conditions in the future. Any changes will be posted to the Website and will take effect immediately. The Conditions in force at the time you submit your order to us shall apply to any Contract between us arising as a result of our acceptance of that order.


 

ANNEX -A

Cancellation Form

To Instock, Unit 600, Bretton Park Way, Dewsbury, West Yorkshire WF12 9BS (info@productsinstock.co.uk or 0845 600 5755):

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the sale of the following goods [ INSERT DETAILS  ],

Ordered on [*              ]/received on [*                                    ],

Name of consumer:

Address of consumer:

Signature of consumer(s) (only if this form is notified on paper):

Date

[*] Delete as appropriate.