These terms and conditions apply to all orders placed through our website. They do not affect your statutory rights if you are a consumer.
KITCHEN XCHANGE LTD
These terms and conditions form the basis on which you can visit and use our website. Please read them carefully as they contain important information.
1. General terms and conditions
This site is owned and operated by KITCHEN XCHANGE Limited of Kitchen Xchange. Unit 20, Mayfair House, Redburn Road, Newcastle Upon Tyne NE5 1NB. If you want to ask us anything about these terms and conditions or if you have any comments or complaints on or about our website, please email us at firstname.lastname@example.org. These terms and conditions govern the supply of goods by KITCHEN XCHANGE Limited (Registered in England – number 05157752) to the customer and constitute the entire and only agreement between us and the customer.
2. Ownership of rights
All rights, including any copyright, in this website are owned by or licensed to KITCHEN XCHANGE Limited. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal use, or for the direct use of your business to purchase materials, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.
3. Accuracy of content
We have taken every care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have a fair description. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. All prices displayed are both inclusive and exclusive of VAT. If the price of the goods increases between the date we accept your order and the delivery date, we will let you know and ask you to confirm by email that the new price is acceptable. If it is not acceptable, then you will of course have the right to cancel your order. Any weights, dimensions and capacities given about the goods are approximate only. To the extent permitted by applicable law, we disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website and we shall not be liable to any person for any loss or damage which may arise from the use of the information contained in any of the materials contained on this website.
4. Damage to your computer / software / hardware
We make every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. We will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
We endeavour to hold sufficient stock to satisfy all orders, but all items are subject to availability. We will inform you as soon as possible if the goods you have ordered are not available. We might agree with you that a substitute product is supplied, but otherwise we will refund any payment made by you promptly or in the case of an account customer a credit will be issued.
6. Ordering errors
You are able to correct errors on your order up to the point on which you click on ‘submit’ during the ordering process.
The price payable for the goods ordered are as set out on our web site at the time you place your order, unless separately agreed between us in writing, plus any charges for carriage or insurance as set out in the order form. The price of commodity goods, such as copper, might change due to market conditions, but in these instances we will confirm and agree the prevailing price with you before accepting your order. We reserve the right to decline any orders received, or in some instances agree with you a limit on the order quantity. Should a technical error arise on our website, so that goods appear with an incorrect price, we will not be obliged to supply the goods at the incorrect price stated. Unless you are an account customer, we must receive payment for the whole of the price of the goods you order, including any carriage or other charges, before your order can be processed. We accept no liability if a delivery is delayed because you did not give us the correct payment details.
8. Credit account customers – payment terms
If you are an account customer, payment must be made in full at the end of the month, following the month of invoice. Time shall be of the essence for payment. If account payments are not made on time we are entitled to withdraw credit facilities and interest will be payable on the amounts overdue. This is in accordance with the terms applied by the Late Payment of Commercial Debts (Interest) Act. We are permitted to this from the due date for payment until receipt by us of the full amount due, including any accrued interest, whether before or after judgement, together with any reasonable legal or other recovery costs. We will charge your credit account for payment upon receipt of your order unless delivery cannot be fulfilled within 30 days. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from your account then we can cancel the contract and or suspend any further deliveries to you. This does not affect any other rights we may have.
9. Guarantees given for Limited Companies
The authorized and responsible person signing an account application form for a limited company agrees that they sign the application as guarantors for the amounts due to us from the limited company. As a result they irrevocably agree to guarantee the payment of monies owing to us by the limited company, if we believe that the limited company cannot meet its obligations. If the limited company goes into receivership, liquidation or administration, the guarantor will pay the receiver, liquidator or administrator, as the case may be, such sums as will enable him or her to pay all monies owed to us by the limited company.
10. Delivery Charges
Delivery charges vary according to the type of goods ordered and cannot be refunded.
We will deliver the goods to the delivery address specified and so is vital that all details are accurate. A valid signature will be required from you on delivery to acknowledge receipt of the goods sent. Please be precise about where you would like the goods delivered. In making deliveries, we must comply with health and safety regulations, and we reserve the right to deliver heavy or large items only to ground floor locations at the delivery address. We cannot accept liability for any loss or damage to the goods once they have been delivered, in accordance with your delivery instructions. We will aim to deliver the goods by the date quoted for delivery however, delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.
12. Courier Deliveries
Kitchen Xchange will send you an email advising of your tracking number once your parcel has been dispatched from us.
If you have not received your parcel within 3 working days of receiving your tracking number, Kitchen Xchange must be notified as a matter of urgency. The courier companies we use will not process any claims from us or you after this period.
13. Risk and ownership
The risk of loss or damage to any of the goods passes to you at the time of delivery, including failure to accept the delivery at the agreed time: the time in which we try to deliver. You will only own the goods once they have been successfully delivered and when we have received cleared payment in full, and no other amounts are still due to us from you. Until title to the goods passes from us, you will hold the goods on a fiduciary basis as bailee and you will store the goods at your own cost separately from all other goods in your possession, these goods will be marked in such a way that they are clearly identified as our property.
14. Acknowledgment and acceptance of your order
All orders placed are subject to acceptance by us. Acknowledgement of your order does not constitute acceptance of your order. You will need to provide us with your email address and we will notify you as soon as possible to confirm receipt of your order and to confirm details again via email. An acceptance of your order will take place on despatch of the goods ordered.
15. Age requirements for specific goods
Hazardous products, such as solvents or sharp items for example, will only be sold to persons who are at least eighteen years old, and if ordering such products you confirm that you and the person receiving delivery of the product are at least eighteen years old.
16. Cancellation rights
Consumers have the legal right under the Distance Selling Regulations to cancel their order within seven working days starting the day after delivery of the goods (with the exception of any made to order items). Account customers may cancel their order by giving us notice of cancellation within thirty days of the receipt of goods. Notice may be given by email, post, telephone or fax. If you cancel because there is a problem with the goods, please provide full details of the problem, at the time of cancellation. On cancellation for whatever reason, you must return the goods to us at your cost unless we agree that you can dispose of them, in which case any instructions given by the manufacturer must be complied with if the goods are hazardous in any way. When goods are returned because they have been supplied incorrectly or they are faulty, we will meet the cost of their return, but we reserve the right to nominate the carrier.
Please note: Some items may be categorised as ‘made to order’ and as such special terms may apply. Please see the section ‘Returns Policy – Custom Made / Non-returnable Goods’ in our Returns Policy.
17. Exclusion of liability
If you have notified us of any problem with the goods in accordance with clause 15 we will either; replace or repair any goods that are damaged or defective; refund to you any amounts paid for the goods; or we will correct any shortage or failure to deliver any goods. We will not be liable to you for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising out of any problem in relation to the goods. We shall have no liability to pay any money to you by way of compensation, other than any refund we make under these conditions, and except as required by statute. Any disclaimers and exclusions of liability in these terms and conditions shall not apply to any damages arising from death or personal injury caused by negligence, or to any losses arising from fraudulent misrepresentation.
18. Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should review them regularly.
Further supplies and deliveries may be stopped, including any goods in transit, and we may terminate our contract in writing, if you are in breach of any obligation under these terms and conditions. This also applies if you become unable to pay your debts when they fall due or if proceedings are commenced against you in respect of your possible bankruptcy or insolvency. Upon termination, any amounts due from you to us will become immediately payable and we shall be under no further obligation to supply goods to you.
20. Force Majeure
We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defects to goods supplied or delivered that is caused by any event or circumstance beyond our reasonable control (including without limitation, strikes, lockouts and other industrial disputes).
If any part of these terms and conditions is invalid, void, illegal or unenforceable for any reason, including any provision in which we exclude our liability to you, then that term or condition shall be deemed severable, and shall not affect the validity, legality or enforceability of any other part of these terms and conditions.
22. Law, jurisdiction and language
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
For our policy on damaged or faulty items, please see our returns policy.