The following terms and conditions shall apply to all contracts concluded by Fixura Bedrooms & Kitchens. In these Conditions, the following words shall have the following meanings: the Seller shall mean ‘Fixura Bedrooms & Kitchens’. The Goods shall mean the products which are supplied by the Seller in accordance with these Conditions. The Buyer shall mean the person, firm or company entering into the Contract to purchase the Goods from the Seller. Writing includes e-mail or post.
The headings in the conditions are for the convenience only & shall not affect their interpretation.
No variations of these terms and conditions shall be valid unless expressly agreed in writing by the Seller. No agent of the company has the power to vary these Conditions neither do they have the authority to make any representations concerning the goods unless expressly confirmed by the Seller.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS WE WILL RELY ON THE TERMS SET OUT HERE.
A. PRICE & QUOTATIONS
1. The price quoted by the Seller to the Buyer shall be valid for a period of 30 days only or until earlier acceptance by the Buyer, unless otherwise agreed in writing by the Seller.
2. If after expiration of that period, no order from the customer has been received, the company reserves the right to amend price in its absolute discretion, as it thinks fit.
3. Before your order is processed, any omission and changes to the order must be notified within 24 hours of placing the order.
4. The Seller reserves the right, by giving notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller.
5. The Seller reserves the right to adjust prices and specifications on this website at any time and without any notice.
B. TERMS OF PAYMENT
1. Payment of the full price shall be made to the Seller as agreed on the contract.
2. The payment structure is divided into three instalments and is as follows. A non-refundable deposit payment of 40% is required before your order is placed. The next instalment of 40% is payable when your order is delivered. The remaining balance of 20% is payable only after your kitchen or bedroom is completely installed and ready for use. The company reserves the right to amend this payment structure in its absolute discretion, as it thinks fit.
3. The deposit payment of 40% of the total invoice price of the contract is Non-refundable.
4. Payment methods include, but are not restricted to, Direct Bank Transfer, Personal Cheque or Cash payment if you prefer.
5. All the payments are to be made in favour of ‘Fixura Bedrooms & Kitchens’.
6. Whichever payment method is used, applicable clearance times will be allowed for before placing any Order or delivering any Goods.
7. Please note that, currently, we do not accept Credit or Debit card payments.
8. Method of final payment is to be agreed before Goods are dispatched.
9. Payment shall not be withheld unreasonably as a result of minor issues & defects, which are considered insufficient reasons for with-holding payment of the whole or any part of the contract sum.
10. Should the Buyers final payment not clear then the Seller may charge (in addition to the amount shown on the invoice) the cost of time spent pursuing payment including any travelling expenses and legal costs incurred by the Seller in connection with recovery of the whole or any part of the debt due to Seller (on a full indemnity basis) whether or not proceedings are commenced or costs can be awarded by the court.
11. Any extra work, including any additions to the existing agreed design shall be paid for separately and cannot affect payment of the main bill.
12. If payment does not take place as detailed, interest shall be payable on the balance amount at a rate of 18% per annum or 8% above the base rate of National Westminster Bank plc., whichever is higher, until fully paid.
13. In the event of any delayed order delivery, if not the fault of the Seller but the Buyer, beyond the original agreed delivery date or if the buyer wrongfully fails to take delivery of the goods, the seller, after notifying the buyer that the goods are ready for collection, may charge the buyer 2% of the order value per 7 day week.
14. The Seller reserves the right at any time to demand payment in full before continuing with or delivering any Order.
C. RETURNS, REPLACEMENTS, REFUNDS & CANCELLATIONS
1. The Goods are `made to order` hence no right to cancel exists for the Buyer once the order is processed, except where expressly agreed by Fixura in Writing and we will ask for reason for cancellation.
2. However, before your order is processed, any omission and changes to the order must be notified within 24 hours of placing the order. All our furniture units are `made to order`. So if there are any changes, these must be advised as soon as possible. As your bedroom or kitchen design is bespoke, you cannot cancel items after that.
3. Where the Goods are not made to order, the Buyer has the right to cancel within 7 days starting the day after order and will be entitled to a refund. All doors, cabinets, moulded products are made to order and therefore non refundable.
4. All orders must be sent to the Seller in Writing. Cancellation requests should be sent in the same manner as the original order, including all appropriate reference numbers.
5. The Buyer will in the event of agreed cancellation by the Seller indemnify the Seller fully against all expenses incurred up to the time of such cancellation.
6. Where permission to return is agreed, the Goods cannot have been fitted and must be returned at the Buyers expense in their original condition and in their original packaging.
7. Inspection/Shortage: The Buyer is entitled to free replacement of any Goods that arrive damaged or incomplete as per the order. The Buyer, whenever possible, must inspect the Goods on delivery and inform the Seller as soon as possible, within 7 days of any damages.
8. We cannot refund or replace the goods for free that have been cut, drilled or customized by or under the instruction of the buyer.
1. Delivery of the Goods shall be made by the Seller’s delivery company delivering the Goods direct to the Buyer’s specified mainland UK address.
2. The Seller shall be responsible for the delivery of Goods to the delivery address.
3. The delivery date specified in the contract is a genuine forecast in the light of current conditions but is given without legal commitment. Factors outside the Sellers control can arise, potentially causing delays. Time of delivery is not of the essence but every effort will be made to ensure it is met.
4. The Seller shall not be liable for any delay in delivery howsoever caused. Late delivery of the Goods does not entitle you to reject the Goods, terminate the Contract or withhold payment of any part of the price.
5. The Seller reserves the right to make delivery of the Goods by installments. Failure by the Seller to deliver the Goods in a single installment constitutes no right on the Buyers behalf to repudiate any part of the Contract.
6. Deviations in quantity of the Goods delivered from that stated in the Buyer’s order shall give the Buyer no right to reject the Goods or to claim damages. The Buyer shall be obliged to accept the Goods delivered.
7. The Seller shall not be held responsible for any damage or injury caused by any object delivered by the Seller or its agents under direction of the Buyer as to its final resting location.
8. Where a failed delivery takes place and additional delivery, storage or other costs are incurred when meeting the Buyers requirements, all additional costs will be passed on to the Buyer.
9. It is the responsibility of the Buyer to inform us, at time of order, of any unsuitable road conditions that may affect the delivery. What constitutes an unsuitable road condition is at the discretion of the Seller’s delivery company.
10. Additional delivery and storage charges may also be levied to the Buyer when the Buyer gives insufficient warning of a delivery cancellation or rearrangement.
E. INSTALLATION AGREEMENT
If we have agreed with you to arrange for the goods to be installed at a site, the following applies.
1. You agree to provide proper access to our installation team to the site at reasonable times (between 8.30am and 6.30pm on weekdays) or otherwise as agreed by you and us.
2. You agree that our installation team can use the mains electricity supply from a standard 13A 240V socket free of charge
3. You have absolute permission to use any plans or drawings that you may have supplied to us.
4. You agree to provide reasonable access to the room(s) for installation. For example ladder access is not acceptable.
5. You agree to clear the room to provide sufficient working space for our installation team, and co-operate in reducing health and safety risks to an acceptable level.
6. You confirm that you have told us of any particular features which you know about the site or its construction which may make the installation more difficult than we might reasonably expect.
7. You are advised not to decorate the rooms prior to installation in order to avoid minor incidental damage caused during installation.
1. Nothing in clause F shall be deemed to exclude or restrict the Sellers liability for death or personal injury resulting from the Sellers negligence.
2. The Seller shall be under no liability for any damage or shortages that would be apparent on careful inspection if the terms of this clause are not complied with and, in any event will be under no liability if a written complaint is not delivered to the Company within 7 days of delivery detailing the alleged damage or shortage.
3. In all cases where defects or shortages are complained of, the Seller shall be under no liability in respect thereof unless an opportunity to inspect the Goods is supplied to the Seller before any use is made thereof or any alteration or modification is made thereto by the Buyer.
4. Subject to clause F-2 & F-3 above, the Seller agrees to make good any shortage in the Goods and where appropriate replace any goods damaged in transit as soon as it is reasonable to do so, but otherwise shall be under no liability whatsoever arising from such shortage or damage.
5. The Seller shall not be liable for any indirect, incidental, consequential loss arising out of the Contract or the performance or any use of the Goods or Services.
6. Exclusion of Consequential Loss: The Seller shall not be liable for any consequential or indirect loss suffered by the Buyer whether this loss arises from breach of duty in Contract or in any other way (including loss arising from the Seller’s negligence). Examples of consequential or indirect loss are, but not limited to: loss of profits, loss of contracts, damage to property of the Buyer or anyone else, and personal injury to the Buyer or anyone else (except when such injury is attributable to the Seller’s negligence).
7. The maximum liability of the Buyer or the Seller under any Contract between the Buyer and the Seller is limited to the price.
8. The price shall be affected by any material changes that you request or which are agreed provided for herein, even if we were advised of the possibility of such damages.
9. This clause only covers defects caused by faulty design, manufacture, materials or workmanship. It does not cover defects caused by abnormal use, misuse or neglect. It does not cover faulty design, manufacture materials or workmanship supplied or undertaken by the Buyer or third parties. In respect of goods not designed or manufactured by the Seller, the Seller only gives such guarantee or warranty to the Buyer as the Company itself receives.
10. We may make improvements or minor cosmetic changes to the specifications of the goods or their installation before completion of the installation. This shall not be deemed to be a defect nor faulty design or workmanship. We will not make any significant changes without your consent.
You agree fully to indemnify, defend and hold us, and our employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your Personal Information.
H. RETENTION & TRANSFER OF TITLE OF THE GOODS
1. Ownership of all Goods sent to the Buyer remains the Seller’s and will not pass to the Buyer until one of the following events occurs: We are paid for all Goods and Services supplied to you by us and no other amounts are owed by you to us in respect of other Goods and Services supplied to you. Where Goods are attached to or incorporated in other Goods or are altered by you, ownership of Goods shall not pass to you purely by virtue of the attachment, incorporation or alteration if the Goods remain identifiable and, where attached to or incorporated in other Goods, can be detached or removed from them.
2. The Buyer must store these Goods away from any other Goods until they become your property in accordance with these terms.
3. Until such time that they become your property, you are responsible for the goods and we advise you to check your household insurance to ensure that these goods are covered.
4. You must allow the Seller or the Sellers agents’ entry onto your premises for the purposes of exercising our rights under these Terms. If necessary, you must allow us to detach or remove Goods from any other goods. This does not affect any other rights you may have.
I. DELAY OR FAILURE TO PERFORM
1. The Seller shall not be held liable to the Buyer if the Seller is prevented or delayed in the performance of any obligations to the Buyer if this is due to any cause beyond the Seller’s reasonable control, for example but not limited to: An act of God, explosion, flood, fire or accident, War or civil disturbance, Strikes, industrial action or stoppages of work. Any form of government intervention. A third party act or omission, Failure by the Buyer to provide the Seller with a correct e-mail or delivery address or notify us of any change of address, or inform us of any highway restrictions preventing delivery to the Buyer, Shortage of materials, labour or manufacturing facilities.
2. Should the Seller be prevented from delivering in the above circumstances, it shall give the notice of this fact as soon as reasonably practicable.
3. If the circumstances preventing delivery are still continuing four months after the Buyer receives the Seller’s notice, then either party may give written notice to the other canceling the Contract.
4. If the contract is cancelled in this way, the Seller will refund any payment which the Buyer has already made on account of the price (subject to deduction of any amount the Seller is entitled from the Buyer) but the Seller will not be liable to compensate the Buyer for any further loss or damage caused by failure to deliver.
J. NOTICE & TERMINATION OF CONTRACT
1. You have the right to cancel the contract within 7 days.
2. Any notice to be given hereunder shall be in Writing and shall be deemed to have been duly given if sent or delivered to the party concerned at its address specified herein or such address as the party may from time to time notify in Writing and shall be deemed to have been served, if sent by post, 48 hours after posting and if sent electronically via email at email@example.com then it is deemed as served on the day it was sent.
*Postal Address: The Customer Care Department, Fixura Bedrooms and Kitchens, 32, Raleigh Avenue, Hayes, Middlesex, London UB4 0EE (U.K.)
3. Please note that although you have a right to cancel within 7 days, you will be required to pay for any goods and services that we supply with your written agreement prior to that date.
4. Clause B & Clause C, in whole or in part, would apply here.
5. If you ask to cancel the contract after the 7 day period, we estimate that we will incur the following costs, and cancellation shall be subject to you paying the following charges within 7 days of us notifying you of the accepted cancellation;
i) If we have started manufacturing the goods, 50% of the contract price;
ii) If we have completed manufacturing the goods, 75% of the contract price;
iii) Any sum remaining unpaid after the date it became due will attract interest on the remaining amount at a rate of 18% per annum or 8% above the base rate of National Westminster Bank plc., whichever is higher, until fully paid.
All information contained herein alongside any other information provided to the Buyer remains the intellectual property of Fixura Bedrooms & Kitchens. Any use of these trademarks, literature, images is strictly prohibited unless expressly permitted in Writing by Fixura Bedrooms & Kitchens.
L. LAW AND JURISDICTION
The contract shall be governed by and construed in accordance with the laws of England and Wales.