Kitchen Design Online

IMPORTANT LEGAL NOTICE

Attention: this legal notice applies to the entire contents of this website under the domain name www.kitchen-design-online.co.uk (“the website”) and to any correspondence by e-mail between us and you. please read these terms carefully before using this website. using this website indicates that you accept these terms regardless of whether or not you choose to register with us. if you do not accept these terms, please do not use this website. this notice is issued by kitchen-design-online.co.uk(“the company”).

 

1. INTRODUCTION

1.1 You are able to access most areas of this Website without registering your details with us.

1.2 By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.

1.3 The Company may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.

2. LICENCE

2.1 You are permitted to print and download extracts from this Website on the following basis:

2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from this Website other than in accordance with paragraph 2.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

2.3 Subject to paragraph 2.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.

2.4 Any rights not expressly granted in these terms are reserved.

3. SERVICE ACCESS

3.1 While the Company endeavours to ensure that this Website is normally available 24 hours a day, the Company will not be liable if for any reason this Website is unavailable at any time or for any period.

3.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.

4.VISITOR MATERIAL AND CONDUCT

4.1 Other than personally identifiable information, which is covered under the Privacy Policy below at clause 4.5, anymaterial you transmit or post to this Website will be considered non-confidential and non-proprietary. The Company will have no obligations with respect to such material. The Company and its designees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

4.2 You are prohibited from posting or transmitting to or from this Website any material:

4.2.1 That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;

4.2.2 For which you have not obtained all necessary licences and/or approvals;

4.2.3 Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or

4.2.4 Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

4.3 You may not misuse the Website (including, without limitation, by hacking).

4.4 The Company will fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of paragraphs 4.2 or 4.3.

4.5 When you place orders on this Website, we will ask you to input and will collect Personal Information from you such as your name, email address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password. We may also collect, and our third party providers of advertisements and content may collect, information about where you are on the internet (e.g. the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our website ("User Information"). We may collect this information even if you do not register with us.

4.5.1 You should be aware that this site is monitored from time to time and we may obtain information about your visit that will help us improve the quality of our service. We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, is held in accordance with the registration we have with the Data Commissioner's Office. We use your information only for the following purposes:

 

 

4.5.2 You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and/or User Information we are entitled to do so.

4.5.3 We may use Cookies and similar devices to keep track of your current shopping session to personalise your experience and so that you may retrieve your shopping cart at any time – if you do not accept Cookies you may be unable to use this Website.

5. LINKS TO AND FROM OTHER WEBSITES

5.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

5.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:

5.2.1 You do not remove, distort or otherwise alter the size or appearance of any logo;

5.2.2 You do not create a frame or any other browser or border environment around this Website;

5.2.3 You do not in any way imply that the Company is endorsing any products or services other than its own;

5.2.4 You do not misrepresent your relationship with the Company nor present any other false information about the Company;

5.2.5 You do not otherwise use any of kitchen-design-online.co.uk’s trade marks displayed on this Website without express written permission from the Company;

5.2.6 You do not link from a website that is not owned by you; and

5.2.7 Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

5.3 The Company expressly reserves the right to revoke the right granted in paragraph 5.2 for breach of these terms and to take any action it deems appropriate.

5.4 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of paragraph 5.2.

6. PURCHASE OF SERVICE

6.1 We provide bespoke design services (“Services”) which are supplied in accordance with these Terms.

6.2 You agree to provide accurate measurements from which we can work and you will accept full responsibility for their accuracy and suitability for your requirements. The accuracy of your measurements is your responsibility. When we have returned a recommended design to you, you must ensure that all measurements and designs are checked by a suitably skilled and qualified person for safety, accuracy and compatibility. You and/or your supplier and/or installer are entirely responsible for all safety issues arising from the final plans your supplier and or installer produce for you. We cannot accept any responsibility for the supply and installation of your new kitchen.

6.3 All orders placed by you for our Services are subject to acceptance by us. No legal contract has been entered into until we provide our Service. We reserve the right to provide our Services at our discretion.

6.4 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

6.5 The technical steps required to create the contract between you and us are as follows:

6.5.1 You place the order for our Services on the Website by following the process of placing an order by a series of simple instructions on the Website.

6.5.2 We will send to you an order acknowledgment email detailing the Services you have ordered and the steps that you need to then take. This is not an order confirmation or order acceptance.

7. CONTRACT CANCELLATION

7.1 Our Services will be supplied to you under normal circumstances within 7 - 14 working days from receiving your authorisation.

7.2 You may cancel your order within seven days of placing it by emailing sales@kitchen-design-online.co.uk

8. PAYMENT

8.1 Payment is required in advance of us providing our Services. The prices for our Services are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system.

8.2 You confirm that the credit, debit or store card that is being used is yours.

8.3 All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.

9. REFUSAL OF TRANSACTION

9.1 We reserve the right to withdraw any Services detailed on this Website at any time and/or remove or edit any materials or content on this Website. We may refuse to process an order for any reason or refuse Services to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any Service from this Website whether; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

10. DISCLAIMER

10.1 While the Company tries to ensure that the information on this Website is correct, the Company does not warrant the accuracy and completeness of the material on this Website. The Company may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and the Company makes no commitment to update such material.

10.2 The material at this Website is provided ‘as is’ without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with this Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.

11. LIABILITY

11.1 The Company and any other party (whether or not involved in creating, producing, maintaining or delivering this Website and/or our Services), shall use reasonable skill and care in the performance of our responsibilities but we exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website or our Services in any way. In no circumstances shall our liability to you exceed the sum paid to us for the Services we provide to you.

11.2 Nothing in this legal notice shall exclude or limit the Company’s liability for (i) death or personal injury caused by negligence as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.

11.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

12. GOVERNING LAW AND JURISDICTION

This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.

Issue Date: October 2004