Terms and Conditions

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1. General

1.1 ­ The customer’s attention is drawn to these terms and conditions of business. All quotations and contractual agreements with the company are always subject to these terms and conditions.

1.2 ­ Nothing in these terms and conditions shall affect the statutory rights of a consumer.

1.3 ­ Most of the goods we sell are bespoke and made at your request. To allow us to proceed with your order before the end of any cancellation rights you may have (depending on how you order) we will sometimes ask you to confirm that you are happy to be responsible for costs we incur in producing or sourcing the goods until the date you may cancel your order. We do this as the items we make or source for you are unlikely to be resalable to others.

2. Definitions

Term Shall Mean

"the company"

KBB Designs South Wales Ltd T/A LewLex Interiors

Business address Unit 3, 89/89 Sovereign Arcade, Kingsway Centre, Newport, NP20 1EB

Registered address Unit 3, 89/89 Sovereign Arcade, Kingsway Centre, Newport, NP20 1EB

Registered Number 12735943

VAT Number GB354880179

"the customer" the person or persons, firm, business, partnership, company or other organisation by whom an order has been placed for the company to provide goods and/or works.

"the goods"

the goods supplied by the company to the customer as detailed in the contract but specifically excluding any electrical appliances and/or white goods.

"appliances"

goods which comprise electrical or mechanical appliances manufactured by a third party or parties

"the premises"

the customer’s address as detailed in the contract or any other premises or building agreed by the company where the goods are to be delivered to.

"fitting services"

the fitting of goods by us or our authorised agent.

"order"

an order made by you for the supply of goods and /or fitting services by us detailed on an Order Form

"order form"

the order form upon which your order is detailed.

"price"

the price of the goods, appliances and/or fitting services plus any delivery charges.

3. Contract

3.1 ­ A contract for the supply of goods and/or works by the company to the customer shall exist when an order has been placed by the customer and the deposit has been paid in full.

3.2 ­ No variations to the contract shall apply unless they are in writing and are agreed and signed by or on behalf of the company. In such a case, these shall be deemed to be amendments to the contract.

3.3 ­ Where any variation to the goods and/or the works is agreed by the company, after the date of contract, the company reserves the right to amend the contract and/or the price to reflect the variation.

3.4 ­ Any typographical or clerical error, omission or mistake in any quotation, pricelist, contract, order, acceptance, invoice, or any other document issued by the company shall be subject to correction without any liability on the part of the company.

3.5 ­ These terms and conditions shall apply to every contract and cannot be altered or varied without the company’s agreement in writing.

4. Price and Payment

4.1 ­ The customer shall pay the company the price as shown on the order form and any subsequently agreed variations and/or additions.

4.2 ­ A deposit of [10]% of the total order cost is payable upon the order being placed with the company.

4.3 ­ The deposit is not refundable save at the discretion of the company and the customers attention is specifically drawn to the wording on the front sheet of the order form.

4.4 ­ Within 3 months of the payment of the deposit the order value has to be paid in full in cleared funds and must be so paid no less than 6-8 weeks prior to the estimated delivery date. For the purpose of this clause time is of the essence.

4.5 ­ If permission and card details have been provided the balance purchase price shall automatically be debited to the card whose details have been so provided and if payment is made by cheque such payments are deemed not to have been made until such time as the cheque has cleared.

5. Delivery

5.1 ­ The company shall deliver the goods and any appliances to the premises on a date to be notified, and, wherever possible, agreed with the customer.

5.2 ­ The company shall not be liable for any penalty, loss, injury, damage or expense arising from any delay or failure in delivery or performance from any cause at all, nor shall such delay or failure entitle the customer to refuse to accept any delivery under or performance of the contract, or to repudiate the contract.

5.3 (i) ­ Any dates quoted or provided by the company for the delivery and/or the works are approximate only although the company shall use its best endeavours to supply the goods and to carry out the works within any time notified by the company to the customer, but time shall never and not be of the essence at any point. The company shall not incur any liability whatsoever for failure to supply or deliver by any given or such date or dates.

(ii) ­ In the event that the company is unable to fully complete delivery of the goods as a result of the customer’s actions (or those of the customer’s servants, agents, or contractors) or as a result of the customer’s refusal to accept delivery on the date notified by the company to the customer, and as a result the goods are retained and held by the company, the company shall be entitled (in addition to any other remedy) to charge to the customer a storage charge of £10.00 a day, such charge to be added to the contract price. This charge is to reflect the fact that the goods will have to be retained by the company at the company’s own warehouse/premises, and also that the company will remain liable for the risk in the same until delivery has been effected.

5.4 ­ The customer warrants in entering into a contract with the company to ensure that adequate access is available to the premises to enable the company to deliver the goods and for providing a safe means of access from the public highway to the premises. If the customer should fail (in the reasonable opinion of the company) to adhere to this warranty, the company shall deliver the goods at the closest point of accessibility which shall be determined by the company’s employees or agents at their sole discretion and the customer shall not raise any objection or requisition thereto.

5.5 ­ Where the contract provides for works to be carried out, the company shall use its best endeavours to carry out the works within any time notified by the company to the customer but time shall never be of the essence. The company shall not incur any liability whatsoever for failure to undertake or complete the works by any given date or within any given timescale.

5.6 ­The company reserves the right to employ subcontractors to carry out any works on its behalf at the company’s sole discretion

6. Measurements and Plans

6.1 ­ Once you have agreed a plan or design for your goods, we will be working to this.

6.2 ­ Any plan drawn by us is and remains, our property and may not be reproduced in whole or in part without our previous written consent.

6.3 ­ If you are providing us with measurements for custom made goods it is very important that your measurements are accurate. The company is entitled to and relies upon such measurements as being accurate. The company cannot and will not accept the return of the goods if the measurements you have provided to us are incorrect. In such circumstances we cannot guarantee that we will be able to provide fitting services as the goods may not fit.

7. Description Of Goods

7.1 ­ Information and photographs contained in our sales literature are provided for illustrative purposes only and sizes are approximate. We cannot warrant that they are accurate.

7.2 ­ Where we provide a specifically designed plan you confirm that you will check the accuracy and suitability of the plan for your requirements.

8. Quality of Goods

8.1 ­ The company hereby undertakes and warrants to the customer that

a) All goods shall be manufactured with due care and attention, and

b) All goods will be of the appropriate quality and fitness for purpose in line with statutory legislation, and

c) The company shall endeavour to ensure that the goods shall comply with any relevant specifications provided by the customer, and

d) That the works shall be carried out with due care and attention.

8.2 ­ The customer’s attention is drawn to the fact that (as appropriate) the goods supplied may be natural products. In particular, granite may be subject to changes in colour due to its natural properties (including changes in colour in batches supplied by the company to the customer) and painted goods may experience colouration differences from the colour swatch to the final finish.

8.3 ­ The company will not be held liable for any such variation in the goods as detailed above or otherwise, and the customer shall not be at liberty to reject goods displaying such tendencies, nor to regard the same as a breach of contract.

9. Risk

The risk in the goods shall pass to the customer immediately upon delivery to the premises and the customer shall take out and ensure that appropriate insurance is in place.

10. Retention of Title

10.1 ­ Notwithstanding clause 9 above, the company shall retain title and ownership in the goods until the contract price and any other sums outstanding and owing by the customer to the company are paid in full.

10.2 ­ Pending payment in full by the customer of the contract price, the following sub­clauses shall apply

10.3 ­ The customer shall after delivery keep the goods and store the goods separately and in such a way so they can be readily identifiable as belonging to and being as being goods of the company.

10.4 ­ The customer shall at the customer’s own expense immediately return the goods to the company should the company or its authorised representatives so request at any time after payment is due.

10.5 ­ In the event that the goods shall be in any way mixed, compounded, fixed, or entwined with the property of the customer or any third party or parties then the product or products thereof shall be deemed to be held in common with any such party or parties.

10.6 ­ In the event that the goods shall be fixed to the premises or customer’s property, and consequently comprise a fixture and/or fitting, this shall not affect the company’s legal title and ownership to the goods, notwithstanding that the goods may have become a fixture within the customer’s premises.

10.7 ­ The customer shall not sell, give away, or otherwise dispose of the goods. In the event that the customer should do so (which for the avoidance of doubt is strictly forbidden) then any monies received as a result of such disposal, including any cheque received or other payment shall be held on trust by the customer for the company and the customer will forward the cheque or payment to the company immediately. Pending the same, the customer shall keep any monies received in a separate account so as to be identifiable as the company’s monies.

10.8 ­ In the event of the customer failing to pay any monies due by the due date. The company shall be without additional notice to enter the premises to repossess the goods. The customer irrevocably consents to allow the company access onto the customer’s premises for this purpose. The customer shall reimburse the company for all reasonable expenses and fees incurred (including legal expenses) in so doing

10.9 ­ The customer will immediately notify the company of any damage to the goods and will hold any insurance monies received in trust for the company absolutely. The customer at all times irrevocably authorises the company to collect any insurance monies from the insurers. The company may apply any insurance monies as the company shall see fit.

Terms and Conditions

11. Warranty

11.1 ­ The company’s sole liability in respect of any defect in or failure of the goods supplied or in the works or for any loss, injury or damage attributable thereto is limited to making good by replacement or repair defects which (provided the goods have been put to proper use) appear to arise solely from defective design, workmanship, or faulty materials within a period of 2 years from the date of delivery, and/or completion of the installation works (excluding appliances) in accordance with the following table

Defects rectified within 1 year of installation/delivery completion 100% of cost of repair/replacement

Defects rectified within 1 – 2 years of installation/delivery completion 80% of cost of repair/replacement

Defects rectified within 2 – 3 years of installation/delivery completion 60% of cost of repair/replacement

"Defects rectified within 3 ­ 4 years of installation/delivery completion 40% of cost of repair/replacement "

Defects rectified within 4 ­5 years of installation/delivery completion 20% of cost of repair/replacement

11.2 ­ Where the goods comprise appliances, the company’s sole liability shall be for a period of 12 months from the date of delivery only, provided always that for certain items identified in the specification where the manufacturer’s guaranteed life under the proposed conditions of use is less than 12 months, then the warranty period shall be reduced to the respective guaranteed life accordingly.

11.3 ­ Appliances are supplied to the company by third parties and carry a manufacturer’s warranty, which is typically 12 months. It is the sole responsibility of the customer to ensure that appropriate warranty documents are returned to the manufacturers of the appliances.

11.4 ­ Should the customer fail to meet its obligations as set out in clause 11.3 hereof the company should (notwithstanding the provisions of clause 11.2 hereof) have no liability to replace and or repair any appliance supplied.

12. Liability

12.1 ­ The company shall only be liable as stated in clause 11 above. This clause is in lieu of all conditions, warranties, and statements of whatever nature in respect of the contract whether express or implied, save that at all times the customer’s statutory rights as a consumer are not affected.

12.2 ­ Without prejudice to the foregoing, the company’s liability for any loss or damage sustained by the customer as a direct result of any breach of the contract or any liability whatsoever by the company (including negligence) in respect of the performance of the contract shall be limited to payment of damages not exceeding the contract price.

12.3 ­ These conditions do not purport to exclude or restrict any liability for death or personal injury which is prohibited by the Unfair Contract Terms Act 1977.

13. The Removal Works

13.1 ­ Where the contract provides for removal works, the company cannot guarantee that items will be in good or usable condition after completion of the removal works by the installation team. The company therefore accepts no form of liability whatsoever for any damage caused to such items. The company recommends that if a customer wishes to reuse any items that the removal of the items is undertaken by the customer themselves.

13.2 ­ In the event that the company is not appointed by the customer to carry out the removal works, the safe and adequate removal of the items shall at all times remain with the customer, and shall take place before the installation works are to commence.

14. The Installation Works

14.1 ­ Where the company is to carry out the installation works, the customer shall provide at the customer’s sole expense by the date given by the company for delivery and shall thereafter maintain throughout the period of the installation works, the following facilities to the company

a) The customer shall ensure that sufficient space is available to enable the company to carry out the installation works, and

b) The customer shall ensure that any items in the part of the premises where the installation works are to be carried out have been removed and

c) Adequate electricity power supplies are provided and

d) That suitable environmental conditions are in place and

e) The customer shall ensure that the company’s employees, agents, and the installation team shall have safe, clear, and unobstructed access both inside and outside the premises.

14.2 ­ The company cannot guarantee to avoid causing superficial damage to wallpaper, paintwork, and other items of décor in the immediate vicinity of the area where the installation works are to be carried out, and repair of any damage or replacement of such items will be the sole responsibility of the customer at all times. The company however undertakes to use all reasonable care in carrying out the installation works.

14.3 ­ In the event that after the removal of the items (whether by the company or any third party), the company should find that additional time will be required, or additional work must be carried out to ensure that the premises are suitable and safe for the installation works to be carried out, then the customer shall be advised by the company and/or the installation team of any additional or further work that may be required in order to ensure that the installation work can be carried out satisfactorily. The company reserves the right to charge for such additional works, and to increase the contract price accordingly.

The company shall attempt to agree the increase in the contract price with the customer prior to carrying out the same, but in the event that the company is unable to do so the increase will be at the company’s discretion (although the company undertakes to ensure that any increase will be wholly reasonable under all the circumstances and at the company’s standard charge).

14.4 ­ Whilst the company shall make good any damage to the premises or other property of the customer where the same has been caused as a result of the company’s negligence, or negligence of the company’s installation team, in the event that such damage to the premises and/or property is as a result of any inherent defect in the premises, its construction, or make­up, the company shall not be liable for any repair or mend of the same, although the company may at the company’s sole and absolute discretion agree to do so if so instructed by the customer, upon receipt of payment for the same. In such an instance, such increase in payment shall constitute an increase in the contract price.

14.5 ­ The customer is advised to ensure that all possible obstructions including, but not limited to, curtains, blinds, ornaments, and other personal interior and exterior possessions and effects within the immediate vicinity of where the installation works or removal works are to be carried out are removed and the company shall not accept any responsibility for any damage caused to such personal possession and effects unless such damage shall be caused as a result of the company’s negligence or that of the installation team.

15. Termination

In the event of any payment due by the customer to the company not being paid on the due date, or in the event of the customer becoming insolvent or bankrupt or a petition being presented or a resolution being passed for the liquidation or sequestration of the customer or a receiver, administrator, administrative receiver being appointed over all or any of the assets of the customer, or if any steps are taken in relation to any of the foregoing, or the customer making any voluntary arrangements with its creditors generally, then the company shall be entitled to treat any contract as repudiated and shall be entitled to suspend work on the installation and deliveries to the customer and the manufacture of any goods and the supply of the works for the customer upon giving notice thereof to the customer without being liable for any form of loss.

16. Termination due to breach

16.1 ­ Either party shall be entitled to terminate this agreement (without prejudice to any other rights in respect of breaches or terms of this agreement by the other) with immediate effect in the event of any fundamental breach by the other of these terms and conditions, save that in the event of such a breach being remedial, then notice will be given to the defaulting party to rectify and remedy any breach within 14 days of the date of such notice. Failure to remedy any such breach within 14 days entitles the non-defaulting party to terminate forthwith and without notice.

16.2 ­ The customer’s statutory rights are not affected.

17. Cancellation

The customer may not cancel any contract unless the company agrees to the same, and then only upon the terms that the customer shall indemnify the company against all costs incurred (including the cost of all labour, materials, administration costs and services used), and expenses incurred by the company as a direct result of the cancellation.

18. Entire Agreement and Representation

18.1 ­ The customer confirms that they have not relied upon any warranty, representation, or undertaking of or on behalf of the company or of any other person in respect of the subject matter of these conditions save for any representation or warranty or undertaking expressly set out in the body of these terms and conditions and/or the contract and/or the quotation.

18.2 ­ At all times it is the responsibility of the customer to ensure that goods ordered from the company shall comply with all appropriate laws, codes of conduct, guidelines, and legislation of any kind. This shall include (this list being indicative only and non­exhaustive) compliance with building regulations, health and safety guidelines and legislation, planning permissions, and disability access requirements. The customer is advised to ascertain and verify compliance with all such matters with any appropriate third party prior to entering into the contract.

18.3 ­ Nothing in these terms and conditions is intended to restrict or limit the company’s liability for fraud or fraudulent or negligent misrepresentation.

19. Miscellaneous

19.1 ­ The company may at the company’s sole discretion subcontract the performance of any contract in whole or in part.

19.2 ­ In the event of these terms and conditions conflicting with any other terms and conditions, then these terms and conditions shall prevail.

19.3 ­ Each right or remedy of the company under a contract is without prejudice to any other right or remedy of the company whether under that contract or not.

19.4 ­ No waiver by the company of any breach of contract by the customer shall be construed as a waiver of any subsequent breach of the same or any other provision hereof.

19.5 ­ Obligations by more than one person are joint and several and where any party at any time is more than one person references to it are to each person individually as well as jointly with others comprising it.

19.6 ­ Failure or delay by the company in enforcing or partially enforcing any provision of the contract shall not be construed as a waiver of its rights generally under the contract

19.7 ­ For the avoidance of doubt nothing in these terms and conditions or in any contract shall confer upon any third party any benefit or the right to enforce any term or terms of these terms and conditions or any contract.

19.8 ­ If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part then the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected thereby.

19.9 ­ Words importing the singular also include the plural and vice versa where the context so requires.

19.10 ­ These terms and conditions and any contract shall be governed by and construed in accordance with the law of England and Wales and the parties shall submit to the jurisdiction of the English Courts in their entirety.

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IMPORTANT CUSTOMER INFORMATION ­ PLEASE READ

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1 Step One

You will now need to take home the design and plans that have been created for you and check it against your existing kitchen or space. From this we can refine the design of your kitchen and make sure that everything that we have suggested fits.

You will need to check, and make sure any amendments are marked clearly on the plan and confirm; All the relevant measurements of the space, The positions and measurements of all windows and doors, All utility positions Any additional information i.e. new boiler

You will also need you to supply; The technical specifications and model numbers of any appliances that you are sourcing elsewhere, The technical specifications and model numbers of any existing appliances around which we have designed your kitchen

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2 Step Two

You will then need to make an appointment with the consultant who designed your kitchen to make the amendments and sign it off ready for order. At this point you will need to pay any outstanding balance (if you have not already done so). Please note, we cannot order a kitchen until the full balance has been paid. Options are available if you do not want to pay for your kitchen in full before you have received it. Please speak to your consultant who will be only too happy to inform you of these options.

Our technical dept will now review the plans to make certain that everything is in place before we order the kitchen.

Your kitchen is then ordered with the manufacturer. Delivery is normally 2-4 weeks (UK orders) 10-12 weeks (German orders) from this point

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3 Step Three

You will be contacted by our distribution centre to confirm your delivery a little closer to the time. If you need to book fitters, please contact our customer services department at the store who can supply you with an estimated time of delivery. THIS IS NOT A CONFIRMATION. You will receive confirmation only from our distribution centre. At LewLex Interiors we like to manage our customers’ expectations. We will never give out exact dates and times as we have no control over outside forces that may impact upon our schedules. If you are working to tight deadlines please let us know as soon as possible so that we can advise you and help in any way that we can.

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4 Step Four

On delivery of your kitchen, please check all items carefully. Kitchens are large complicated, logistical projects to undertake. Our aim is to deliver your kitchen in perfect order and complete. However, we are not naive enough to think that occasionally things can go wrong or arrive a little less than perfect. What we would ask from customers is that you notify the delivery men or the store as soon as possible about any missing or damaged items. We have remedial processes in place to solve any issues and expedite them quickly. Our normal time to accept this notification is within seven days. If you are not going to fit your kitchen immediately, please notify us of the timescales as to when you will be fitting. This will not then affect your statutory rights.

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IMPORTANT CUSTOMER INFORMATION ­ PLEASE READ

SCHEDULE

Thank you for purchasing your kitchen from LewLex Interiors. You have paid your deposit, so what is the next step? You will be contacted by our installation management team to arrange a convenient time for a site survey. During this process they will conduct two surveys. They will check all your measurements and the compatibility of the design that has been produced for you. They will then conduct a full electrical survey in compliance with UK legislation part P.

The recorded information is then transferred back to store to your designer who in conjunction with our technical department makes any technical amendments to your design. The designer will then invite you back to store to finalise and agree the design and sign it off. At this point you will then pay the outstanding balance (if you haven't already done so) of the kitchen and it will be ordered. Delivery is normally 2-10 weeks from this point and your installation is co­ordinated to arrive as close to the delivery as possible.

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PREPARING FOR YOUR LEWLEX INTERIORS INSTALLATION

Having a kitchen fitted is a complicated and stressful undertaking. Family life can be disrupted, and emotions can run high during this period. At LewLex Interiors we try to be realistic, understand and manage customers’ expectations regarding this situation. We always try to fit your kitchen as quickly as possible and on time to minimise any disruption. With this in mind we ask customers to please be aware that a kitchen fit can take any where up to (10) ten working days. It involves several disciplines to complete the work and fitters can never be certain, even after our extensive survey, what they may encounter on the removal of the old kitchen. We will never give out exact timescales for any part of the project as we have no control over outside forces that may impact upon the schedule. If you are working to tight deadlines, please discuss these with our installation management team. Our design consultants will be only too happy to provide you with their number and they will answer any queries with relation to your installation.

 

1.UNFORSEEN WORKS

In the unlikely event that during the kitchen installation the company appointed by LewLex Interiors encounters any extra works that have previously been hidden by the existing kitchen at the Delivery Address, these works will be advised to the Customer. This in certain circumstances may halt the general installation of the goods and may require third parties to carry out works at the responsibility and cost to the Customer. Any additional works that can be carried out by LewLex Interiors will be at our standards rates and advised to the customer before any work is undertaken

 

2.DISPOSAL/ REMOVAL OF EXISTING KITCHEN FURNITURE AND APPLIANCES

2.1 It will be deemed the responsibility of the installation company appointed by LewLex Interiors to remove and dispose of the existing kitchen on payment by the customer. A skip will be required for this purpose. This will be the responsibility of the installation company appointed by LewLex Interiors.

2.2 It will be deemed the responsibility of the customer to dispose of any appliances that are removed by the appointed company. Please contact your local council for information and details of their guidelines

2.3 Please be aware LewLex Interiors cannot guarantee that any units / worktop / appliances to be in good condition after removal by the installation company that we have appointed. We therefore recommend that if a customer wishes to re­use any items that they undertake the removal of the kitchen themselves.

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3. KITCHEN SIGN OFF

Goods shall be installed as per our kitchen satisfaction note. This is presented at the completion of the project. The installation company appointed by LewLex Interiors shall obtain from the customer a signature against all goods and services on the kitchen satisfaction note at this point.

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4. COMMISSIONING CERTIFICATES

The fitting company will provide the customer with commissioning paperwork, when carrying out plumbing / gas / electrical connections, whereby such paperwork should be attached to this Agreement.

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5. REMEDIAL ITEMS

In the unlikely event of remedial items being required to complete the installation by the Company, LewLex Interiors will order such items from its factory’s and will endeavour to deliver and install such items within 2-6 weeks from the date on which a remedial is placed as detailed in 3.3 / 3.4 of schedule1.

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Useful Numbers

Showroom 01633 481919

Appliances

Neff 0844 892 8989

CDA 01949 862 012

Quooker 0207 923 3355

Caple 01179 381900

Reginox 01260 280033

AEG 0300 479 0775

Faber/Smeg 0844 557 9907

Miele 0330 160 6600

Siemens 0344 892 8999

Bosch 0344 892 0115