- Application of these Terms and Conditions
1.1 We are quoting on the assumption that You are a “Consumer” as defined in Clause 3 below.
1.2 You may only accept the Quotation if You are a “Consumer”. If You are not, the Quotation will not be valid. In that case, please let Us know and We will try to provide a Quotation for You as a non-Consumer”.
1.3 These Terms and Conditions apply to the purchase, as a Consumer, by the person named in the Quotation (“You”) of the Goods & Services detailed in the Quotation (“Goods & Services”) from Nicholas Hythe Ltd, a company registered in England under number 06961280 whose registered office is at 1 The Quadrant, St Ives, Cambridgeshire, PE27 5PE. No other terms and conditions will apply unless We and You agree in writing that they will apply.
1.4. We are under a legal duty to supply products that are in conformity with this contract.
2.1 We are required by the Regulations (as defined in Clause 3 below) to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before You accept the Quotation) except where that information is already apparent from the context of the transaction. We have either included the information itself either in the Quotation or these Terms and Conditions for You to see now, or We will ensure that We have made it available to You before You accept the Quotation.
2.2 All of that required information and any other information We give You about the Goods & Services or Ourselves which You take into account when deciding to accept the Quotation or when making any other decision about the Goods & Services will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.
3.1 A “Consumer” means a consumer as defined in the Consumer Rights Act 2015, i.e., an individual who agrees to purchase and receives the Goods & Services for their personal use and for purposes wholly or mainly outside the purposes of any Business.
3.2 A “Business” means any business, trade, craft, or profession carried on by You or any other person/organisation.
3.3 The “Regulations” means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
3.4 ‘Quotation’ means Quotation provided for the scope and cost of the Goods & Services to be provided to you and includes any variation as agreed between us in writing in accordance with clause 3.6
3.4 A “business day” means any day other than a Sunday or public holiday in England.
3.5 The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.
3.6 Words signifying the singular will include the plural and vice-versa.
- Goods & Services
4.1 The description of the Goods & Services is set out in Our Quotation.
4.2 These Terms and Conditions together with the Quotation (once binding in accordance with clause 6 below) form the Contract for the provisions of Goods & Services between You as a Consumer and Us (‘the Contract’):
4.2.1 the information that the Regulations require Us to give to You; and
4.2.2 any other information We give You about the Goods & Services or Us which You take into account when deciding to accept the Quotation or when making any other decision about the Goods & Services (i.e., the information set out in the Quotation) as well as any other information We make available to You.
4.3 Any change to any such information shall only be effective if We and You agree it in writing.
4.4 From the commencement date stated in the Customer update
and in return for payment of the required payments as set out in Clause 7, We shall provide the Goods & Services to You.
4.5 We shall use a standard of reasonable care and skill in carrying out the Services and shall comply with any and all relevant codes of practice.
4.6 We shall use Our reasonable endeavours to provide the Goods and complete the Services in the time stated in the Quotation. However, that time is only Our estimate of the time needed We may take longer than estimated if the Goods and/or Services are changed by You, if there is a supply-chain delay in Goods being made available to us or
delay due to Force Majeure (see Clause 15). If our original time estimate is likely to be exceeded, we shall let you know, where reasonably possible, in advance.
4.7 Insofar as the Company is unable to supply a particular item of furniture or a specific appliance for reasons outside of its control, the Company reserves the right to replace it with furniture or appliances of an equivalent standard and value or better subject to the agreement of the Customer
4.8 The Customer agrees to provide Us with free and uninterrupted use of all necessary services, already available in the property, for the purpose of providing the Goods & Services.
5.1 The price (“Price”) of the Goods & Services shall be as set out in Our Quotation current at the date shown therein
5.2 If the cost of the Goods & Services to Us increases due to any factor beyond Our control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, changes to delivery rates or for costs that could not have reasonably been foreseen at the time of Our original Quotation (for example, but not limited to, the discovery of asbestos or sub-standard flooring), We reserve the right to increase the Price shown once We have made clear in the Quotation what the revised Price is and that it is an increase to the Price shown in the original Quotation. That increased Price will apply if You agree it by accepting the Quotation while the Quotation is still valid for acceptance (see Clause 7 for validity).
5.3 The Price is inclusive of costs for packaging and transportation/delivery.
5.4 The Price is inclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
- Quotation and Formation of Contract
6.1 Any enquiry, order or other communication from You will not be a contractual offer to purchase the Goods & Services.
6.2 The Quotation is not an acceptance by Us of any such enquiry, order or other communication from You.
6.3 The Quotation is Our contractual offer to sell the Goods & Services to You and in order for which to be legally binding You must accept in writing on the Quotation acceptance. If you do not sign the Quotation acceptance but we provide any of the Goods & Services to you we may, at our sole discretion, choose to waive the requirement for acceptance in this clause 6.3.
6.4 Your acceptance of the Quotation will be Your confirmation that You are a Consumer. You may not accept the Quotation if You are not a Consumer.
6.5 If You accept the Quotation (by communicating with Us in writing) while the Quotation is still valid (see sub-Clause 7.1 for validity) there will then be a legally binding contract between You and Us for purchase of the Goods & Services on these Terms and Conditions.
6.6 The Quotation is valid for a period of 30 days only from the date shown in the Quotation unless We expressly withdraw the Quotation before the end of that period in which case it will no longer be valid from the time We withdraw it. We cannot withdraw the Quotation if You accepted it when it was still valid unless it transpires that you are not a Consumer and in which case the Quotation will be null and void and any Contract rescinded with immediate effect provided that clause 7 shall continue to apply in relation to any Goods & Services already provided to you.
6.7 You may withdraw any enquiry or order at any time before acceptance of the Quotation
6.8 Any variation to the Goods & Services must be agreed between us in writing.
7.1 Following Your acceptance of the Quotation in accordance with clause 6.3, We shall invoice You for the Price as per the following schedule:
7.1.1 A deposit of 30% of the total invoice value is payable upon acceptance of the Quotation and is non-refundable or transferable in the event of cancellation after 14 days of payment except as set out in Clause 11.
7.1.2 An interim payment of 65% of the total invoice value is payable upon delivery of the goods in the case of installation being undertaken by Us.
7.1.3 The remaining 5% balance due is payable upon completion of the project.
7.1.4 In the case of no installation being carried out by the Company, the full balance is required upon delivery of the goods supplied.
7.2 You must make payment where We have properly invoiced You in accordance with Clause 8.1 even if delivery has not taken place and / or even though the ownership of the Goods & Services does not pass to You until You have made full payment as set out in Clause 9.2.
7.3 Customers may make payments by way of Cheque, Bank Transfer, Credit Card or Debit Card.
7.4 We will issue receipts for all payments
7.5 All payments must be made in Pounds Sterling unless otherwise agreed in writing between Us and You.
7.6 The above provisions shall apply in relation to any variation of the Quotation and You must pay to Us any additional sums due in respect of any variation to the Quotation in the times and manner prescribed.
8.1 We shall arrange for the delivery of the Goods & Services on the delivery dates detailed in the Customer Update or as soon after those dates as We are reasonably able. In any event, We will ensure that We deliver the Goods (or notify You of their readiness for collection if You are to collect) within no more than 30 days after the date of Your acceptance of the acceptance of the Quotation.
8.2 Delivery will be to the address specified in the Quotation or to another location as agreed in writing between Us and You.
8.3 If no delivery address is specified by You, You shall collect the Goods from Our premises at any time between 8am-4.30pm after We have notified You that the Goods are ready for collection.
8.4 Subject to the specific terms of any special delivery service, delivery may take place at any time of the day and must be accepted at any time of the day.
- Risk and Ownership
9.1 Risk of damage to or loss of the Goods shall pass to You either when We deliver the Goods to You or when You or Your nominated carrier collects the Goods
9.2 Legal and beneficial ownership in the Goods will not pass to You until We have received, in cash or cleared funds, payment in full of the Price.
9.3 We reserve the right to repossess any Goods in which We retain legal and beneficial ownership if We do not receive full payment in accordance with Clause 7.
10.1 We may sub-contract provision of any or all of the Services
10.2 Where We sub-contract the provision of any or all of the Services, We shall ensure that any and all sub-contractors are reasonably skilled in the relevant practices. We may not pass on to You any additional charges We incur through the use of any sub-contractor/s.
YOUR RIGHTS TO END THE CONTRACT
11.1 If the contract We make with You is not made on Our premises, the Regulations give You the following cancellation rights in this clause 11.1.1. These rights are in addition to the rights We give to You under these Terms and Conditions:
11.1.1 You may for any reason cancel any of the Goods & Services during the 14 day period after acceptance of the Quotation, but if the Quotation includes any Goods & Services to be provided on any date/s falling before the end of that 14 day period and if You expressly request Us to provide those Goods & Services and We do so, You may not cancel the Goods & Services to be provided in that 14 day period, and You must pay for them as required by these Terms and Conditions. You may also during that 14-day period cancel any Goods & Services covered by the Quotation which are to be provided either:
(a) after the end of that 14-day period; or
(b) during that 14-day period if they are Goods & Services which You have not expressly requested Us to provide in that 14-day period.
11.1.2 If all of the Goods & Services covered by the Quotation have been fully provided within that 14-day period, You will lose the right to cancel those Goods & Services.
11.1.3 If, as allowed by the Regulations (and this sub-Clause 11.1), You request that the Goods & Services to be provided are to be cancelled by You, You must confirm this in any way convenient to You.
11.1.4 If You cancel the Goods & Services in accordance with clause 11.1, and You have already made any payment(s) to us for the Goods & Services, We will refund the payment(s) to You within 14 days of receiving Your cancellation less any amount due for those Goods & Services that We have already provided to You, and You will not have any liability to Us in relation to that cancellation except to pay for them as set out in sub-Clause 11.1.1.
11.2 If the right to cancel under the Regulations is available to You (as set out in sub-Clause 11.1), You may choose to use either that right or, if the following circumstances apply, the following rights instead. If the right under the Regulations is not or is no longer available, You may instead use any of the following rights where applicable as follows. You may terminate the provision of the Goods & Services and the contract at any time:
11.2.1 immediately if We fail to provide the Goods & Services if that failure or delay is a breach of either these Terms and Conditions or of any requirement of the Consumer Rights Act 2015 or of any other applicable legislation. In that case We shall refund to You in full any deposit or other amount that You have paid us, and You will not be liable to Us for any of the Price or other amount in respect of any Goods & Services We have provided or have yet to provide. We will be liable to You for any such breach, subject to Clause 11; or
11.2.2 without any reason, if You give Us at least 56 days prior notice, and sub-Clause 11.4 will then apply; or
11.2.3 without any reason and without notice, and sub-Clause 11.4 will then apply, and, in addition, You will be liable to Us for the amount of any net financial loss that We suffer due to Your termination but not exceeding 20% of the total price of the Goods & Services covered by the Quotation.
OUR RIGHTS TO END THE CONTRACT
11.3 We may terminate provision of the Goods & Services and the contract immediately, and sub-Clause 11.4 will then apply, if:
11.3.1 You commit a serious breach of Your obligations under these Terms and Conditions; or
11.3.2 You are or become the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtors; or
11.3.3 You do not pay Us all or any of the Price or deposit or other amounts payable on time (even if We have previously charged You interest under sub-Clause 6.3) and We have given You at least 14 days prior notice of Our intention to terminate; or
11.3.4 We find that You are not a Consumer.
OBLIGATIONS ON TERMINATION
11.4 On termination under any of sub-Clauses 11.2.2, 11.2.3, or 11.3, the Price will be payable by You up to the date of termination as follows:
11.4.1 Where the Goods & Services are an ongoing service to be provided over a period before and after the date of that termination, or where only part of the Goods & Services have been provided by that date, the Price will be payable if the Goods & Services which have been provided are of benefit to You although incomplete, and the amount payable will be in proportion to the total price.
11.4.2 If sub-Clause 11.2.3 applies, note that an additional amount may be payable under that sub-Clause.
11.5 If You are liable to Us under this Clause 11 for any amount/s, We may take that amount from any deposit that We hold and shall return any balance to You. However, if the deposit that We take is less than Your liability, You must pay Us the difference.
- Liability and Consumer Rights
12.1 We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when Our contract with You is created. We will not be responsible for any loss or damage that is not foreseeable.
12.2 We provide the Goods & Services to You only for Your personal and private use/purposes. We make no warranty or representation that products, or other Goods & Services or materials that We provide to You are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale). We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
12.3 Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation.
12.4 Furthermore, if You are a Consumer as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You under the Consumer Rights Act 2015, the Regulations, the Consumer Protection from Unfair Trading Regulations 2008, or any other consumer protection legislation, as that legislation is amended from time to time. This includes, without limitation, Your rights and remedies under all such legislation for any breach of any term of the contract (whether the terms is part of these Terms and Conditions or is a term implied by any such legislation) and for any non-conformity of the Goods & Services with the contract. For more details of Your legal rights please refer to Your local Citizens Advice Bureau or Trading Standards Office.
13. Data Protection Legislation
“Data Protection Legislation” means all legislation in force in the UK from time to time relating to data protection and privacy including, but not limited to, the Data Protection Act 2018, EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and any other directly applicable EU regulation relating to data protection and privacy (for as long as, and to the extent that, EU law has legal effect in the UK) and any successor legislation relating to data protection and privacy;
13.1 All personal data that We may use will be collected, processed, and held in accordance with the provisions of the Data Protection Legislation and Your rights thereunder.
13.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from https://www.nhkitchendesign.com/nicholas-hythe-privacy-policy
14.1 All notices under these Terms and Conditions shall be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
14.2 Notices shall be deemed to have been duly given:
(a) when delivered, if delivered by courier or other messenger during the normal business hours of the recipient
(b) when sent, if transmitted by email and a successful transmission report or return receipt is generated; or
(c) on the fifth business day following mailing, if mailed by national ordinary mail
14.3 All notices under these Terms and Conditions shall be addressed to the most recent address, email address notified to the other party.
- Force Majeure
Neither We nor You (“first party”) will be liable to the other for any failure or delay in performing any obligations under the contract where the failure or delay is due to a cause beyond the first party’s reasonable control (“Force Majeure”). In that case the failure or delay will not be a failure or delay contrary to these Terms and Conditions or other terms of the contract.
- No Waiver
No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.
- Feedback and Complaints
Whilst We use all reasonable endeavours to ensure that You are satisfied with the Goods & Services and Your dealings with Us, We want to hear from You if You have any feedback or complaint about the Goods & Services or any other complaint about Us or any of Our staff. Please raise any complaint with Ross Halliday contactable at Our premises or by ‘phone on 01480 468598 (option 3) or by email at email@example.com.
19.1 Any guarantees that are supplied shall have no effect unless and until the full price of the Goods & Services is paid on the due dates stated within the Contract
- Joint and Several Liability
If We provide the Goods & Services to more than one of You, You will be responsible jointly and severally in respect of Your obligations under this Contract including (but not limited to) the obligation to pay for the Goods & Services.
- Law and Jurisdiction
21.1 These Terms and Conditions, the Contract, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales
21.2 As a consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces Your rights as a consumer to rely on those provisions.
21.3 Any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, the Contract, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.