Kitchen Newbie Terms and Conditions
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by placing an order with us, you will automatically be deemed to have agreed and accepted these Terms.
Please note that we amend these Terms from time to time. These Terms were most recently updated on 5 March 2018
We operate the website www.kitchennewbie.com. We are Kitchen Newbie of 1 Horncliffe Wood, Rossendale BB4 6JX
If you wish to contact us in accordance with any of your legal rights as set out below, please contact us by e-mail at firstname.lastname@example.org; by telephone on 01706 550 463.
The images of the Products and packaging on our site are for illustrative purposes only and may vary slightly from those images.
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced on the Website. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated in our price list, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
If you are a business, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
You and we agree that neither of us shall have any claim for innocent misrepresentation or negligent misstatement based on any statement in this Contract.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
Our online shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to add Products to your online shopping cart and to input the quantity you wish to order. Please take the time to read and check your order at each stage of the order process.
Please check and amend any errors in the online shopping cart before submitting your order to us. Please note that it is at the discretion of the Company to offer an exchange or refund in connection with incorrect orders placed by a customer, subject to consumers right to cancel as referred to below.
Any order submitted (whether by post, telephone or email) is confirmation that you have accepted these terms and conditions. Our acceptance of your order will take place when we send our written acceptance to you by post or email, at which point a contract will come into existence between you and us. We will assign you with an order number which should be quoted whenever you contact us regarding the order.
We will proceed to send you further written communication confirming that the Products have been dispatched (Dispatch Confirmation).
If we are unable to supply you with a Product, for example because that Product is not in stock; no longer available; or through other means outside of our control, we will inform you of this by e-mail; post; or by telephone, as soon as is reasonably practicable. The Company will proceed to offer you the option of accepting a suitable replacement Product or alternatively proceed to cancel your order. If you have already paid for the Products and wish to cancel the order, the Company will refund you the full amount including any delivery costs charged, as soon as reasonably practicable.
Please note that our Products are not sold nor offered on a trial basis.
OUR RIGHT TO VARY THESE TERMS
We reserve the right to amend these Terms from time to time, and as the Company see fit. Please revert to the top of this page to see the date the current Terms were implemented.
Please note that every time you order Products from us, the Terms in force at the time of your order will apply to the Contract in force between you and us. Please note that any amendments to our Terms do not affect a customer’s statutory rights.
We reserve the right to revise the Terms which apply to your order from time to time, to reflect the following circumstances:
any changes in relevant laws and regulatory requirements; and/or
any changes as agreed by both parties.
If we have to revise the Terms which apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract should you not wish to accept the changes. You may cancel the Contract in respect of either affected Product products received (as long as they remain unopened and/or unused at the time the change comes into effect) and/or Products which you are yet to receive.
If you opt to cancel the Contract, you will be under an obligation to return the Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges. Please note that it is at the discretion of the Company to offer refunds in respect of any Products that have already been opened or used.
EVENTS OUTSIDE OUR CONTROL
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 any act or event beyond our reasonable control (Event Outside Our Control). If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract, we will contact you as soon as reasonably possible to notify you and make all reasonable attempts to perform our obligations as soon as is reasonably practicable. Please note that you may cancel a Contract affected by an Event Outside Our Control in accordance with clause.
The cost of delivery will be clearly displayed to you on our website. Please check this cost before submitting the Order.
We will deliver the Goods to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. We will proceed to send you Dispatch Confirmation when the Product has been dispatched. Occasionally our delivery to you may be affected by an Event Outside Our Control.
Delivery of an Order shall be completed when the Products are delivered to the address you gave us. Legal title of the Products automatically passes to you once we have received payment in full. Any risk of damage or loss in connection with the Products will be the responsibility of you immediately upon delivery.
If you are a consumer and we miss a delivery deadline (which had previously been agreed in writing between the parties) for any Products, then you may cancel your Order straight away if any of the following apply:
(a) we have refused to deliver the Products;
(b) delivery within a delivery deadline (which had been agreed in writing prior to the order being accepted and Contract being formed) was essential taking into account all the relevant circumstances; or
If you do not wish to cancel your order straight away, or do not have the right to do so, as specified above, 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.
If you do choose to cancel your Order for late delivery, you are entitled to do so for some or all of the Products, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will be under an obligation to return them to us or allow us to collect them. We will pay reasonable costs in the return of such Products and will refund any sums for the cancelled Products and their delivery.
The Company will not be liable for any loss or damage to Products on their return to us in transit. Any issue must be reported to the delivery courier as soon as is reasonably practicable.
If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 8.30am until 4.30pm on weekdays (excluding public holidays).
We deliver to countries outside of the UK. Before placing your order, please be aware of the applicable restrictions for certain international delivery destinations and check which restrictions may apply to the delivery address in respect of each Order. If you order Products from our site for international delivery, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that the Company have no control over these charges and cannot estimate their amount. You will be responsible for payment of any such import duties and taxes and the Company will borne no liability whatsoever as to the applicable duties and taxes which may become due. Please contact your local customs office for further information before placing your order.
Please note that you must comply with all applicable laws and regulations of the country for which the Products are destined. The Company will not be liable or responsible if you break any such laws or regulations in respect of the Products ordered and/or delivered.
If you are a consumer, please see clause 5 for your right and return of refund.
HOW TO PAY
You can pay for Products using a debit card or credit card; PayPal; cheque or by BACS transfer to the Company’s bank account. Please note that any bank transfer or administrative charges which are incurred are the responsibility of the buyer.
Payment for the Products and all applicable delivery charges is to be made in advance at the time the Order is submitted unless alternative payment terms are agreed with the Company. The Company will take payment for the Product when the Order is processed and complete.
In some circumstances, the Company may offer credit, whereby payment is to be made strictly in accordance with the terms agreed in writing between the parties and in any event no later than 30 days from the date of delivery of the Products. An invoice will be supplied by the Company accordingly. Please note that if any payments become overdue, the Company will charge interest on the outstanding amount due at the rate of 2.5% per month.
Some of the Products 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 Products. Please note that if you are a consumer, a manufacturer’s guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described.
If you are unhappy with any of our product, please send an email to email@example.com and we will address the issue, issuing a refund where necessary.