Please read the following important terms and conditions before you buy anything on our website and check that they contain everything which you want and nothing that you are not willing to agree to.
Summary of some of your key rights:
This contract sets out:
By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 say that we must give you certain key information before a legally binding contract between you and us is made (see below). We will give you this information in a clear and understandable way. Some of this information is likely to be obvious from the context. Some of this information is also set out in this contract, such as information on our complaint handling policy
Right to cancel – goods
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund. Items that are bespoke, made-to-measure, personalised, or custom-made are not included in this. As all of our items are bespoke and made-to-order, this 14 day ‘cooling-off period’ does not apply.
Your Consumer Rights – goods
The Consumer Rights Act 2015 says goods must be as described, fit for purpose, and of satisfactory quality. During the expected lifespan of your product, you’re entitled to the following:
- up to 30 days: if your goods are faulty, then you can get a refund;
- up to six months: if they can’t be repaired or replaced, then you’re entitled to a full refund, in most cases;
- up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back.
This is a summary of some of your key rights. For detailed information from Citizens Advice, please visit www.citizensadvice.org.uk.
The information in this summary box summarises some of your key rights. It is not intended to replace the contract below which you should read carefully.
- your legal rights and responsibilities;
- our legal rights and responsibilities; and
- certain key information required by law.
In this contract:
- We, us, or our
means Kille Furniture
- Our site or our website
refers to the site on which these terms and conditions are displayed, including, but not limited to the following websites:
- You or your
means the person accessing or using our site to make purchases from us.
If you don’t understand any of this contract and want to talk to us about it, please contact us by email at info@kille.uk.
Terms and Conditions of Sale
- Introduction
- These terms and conditions apply to any sale of goods on our site. If you buy goods on our site, you agree to be legally bound by this contract and the terms and conditions contained herein.
- This contract is only available in English. No other languages are available for this contract.
- When buying any goods on our site, you also agree to be bound by:
(a). our terms and conditions of use and any documents referred to therein.
All these documents form part of this contract as though set out in full here.
B. Information we give you
- By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:
(a). read the Confirmation email that will be sent to you when you have ordered goods or services (see clause below); or
(b). contact us using the contact details at the top of this page.
2. The key information we give you by law forms part of this contract (as though it is set out in full here).
3. If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
C. Ordering from us
- Here we set out how a legally binding contract between you and us is made.
- You place an order on our site by doing the following:
- Click ‘Shop Now’ against the piece of furniture you wish to order and select which timber and the quantity you would like, add to basket, choose delivery option then proceed to checkout (for direct bank transfers) or choose to pay via PayPal;
- If you wish to order one of our items of furniture with altered dimensions or customised in some other way, please use the Contact Form;
- For bespoke furniture commissions, please click on the ‘Commissions and Services’ section and complete the Contact Form.
- Please read and check your order carefully before submitting it. However, if you need to correct any errors, you can do so before submitting it to us.
- When you place your order at the end of the online checkout process (e.g. when you confirm payment), we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
- We may contact you to say that we do not accept your order. This is typically for the following reasons:
(a). the goods are unavailable;
(b). we cannot authorise your payment;
(c). you are not allowed to buy the goods from us;
(d). we are not allowed to sell the goods to you;
(e). the number of goods you have ordered is too large; or
(f). there has been a mistake on the pricing or description of the goods.
6. We will only accept your order when we send you an email to confirm this (Confirmation Email). At this point:
(a). a legally binding contract will be in place between you and us; and
(b). your order will be fulfilled.
D. Right to cancel this contract
- As we are a small company offering bespoke, made to order products, we cannot accept returns or cancellations on any orders after 7 days from the date the order was placed. Please ensure all details are correct when placing your order, and that you are happy with all design decisions.
- We endeavour to always send out quality products, however mistakes can happen. Should you receive faulty or damaged goods, we will of course repair or replace the item. Please provide a detailed description in writing, with images if possible, of any areas of damage. See the products and materials section for what we deem as acceptable ‘character’ within the wood.
- In the case of faulty or damaged goods, or an incorrect order being received, we will ensure all necessary steps are taken to provide you with the correct item/s, however we cannot offer any further discounts or refunds.
- Once an order has been placed, by putting down a payment, the cost of any additional requested design drawings, or requested alterations to existing drawings will be charged to the customer. We do not provide drawings for all items.
- We cannot offer full or partial refunds, reimbursements, or compensation for orders delayed by the following:
- any act of nature that couldn’t have been foreseen or avoided, such as a natural disaster or flood;
- pandemic;
- Government enforced lock down;
- war;
- other disaster.
E. Effects of cancellation
- If you cancel this contract in accordance with these terms and conditions, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
- We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
- We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
F. Delivery of goods
- We use the following delivery services to deliver your goods:
Royal Mail
Parcelforce
ParcelHero
- The estimated date and the window for delivery of the goods is set out in the Confirmation Email.
- If somethings happens which:
(a). is outside our control; and
(b). affects the estimated date of delivery;
we will let you have a revised estimated date for delivery of the goods.
4. Any delivery dates or times set out are estimates only. While we will make all reasonable efforts to deliver the goods within the time or times agreed we will not be responsible for any losses caused to the you as a result of late delivery, and are unable to offer compensation if the agreed delivery date is missed or cancelled by the courier or ourselves.
5. Delivery of the goods will take place when we deliver them to the address that you gave to us.
6. You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.
7. Please consider the access to the location you are having the product made for. Will it fit through all doors, corridors, stairwells, etc.? We can disassemble some items for easier access if arranged, and will not be held responsible for items not fitting into the space required, and any re-deliveries and alterations will have to be charged to the customer.
8. Most of the time our couriers work on set prices, however, we reserve the right to potentially increase the delivery costs if access to the room / delivery location is difficult. If there are several floors to manoeuvre up, or long distances to carry the furniture, it is vital you inform us before delivery is attempted.
9. Any attempted and failed deliveries due to access issues will be charged to the customer, along with the cost of any necessary alterations.
10. We use third party delivery companies; your contact details will be sent onto them to arrange delivery. The delivery companies are responsible for organising the delivery of your goods, and may not be completely flexible on delivery dates.
11. If you fail to meet the arranged delivery date, any charges incurred for redelivery will passed onto you, and likewise any charges incurred for the storage of goods.
12. It is your responsibility to inspect goods on delivery for damages. Please make us aware of any damaged or faulty goods within one week of receipt. If the delivery company’s POD (proof of delivery) is signed for by the customer, with no mention of damage, no refunds or repairs can be issued for damages caused in transit.
G. Payment
- We accept the following means of payment:
Paypal
Direct bank transfer
2. We will do all that we reasonably can to ensure that all of the information you give us when paying for goods or services is secure by using an encrypted and secure patent mechanism. However, in the absence of negligence on our part, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
3. Your credit card or debit card will only be charged when you confirm your order.
4. The price of the goods:
(a). is in pounds sterling (£)(GBP);
(b). VAT at the applicable rate is set out separately in pounds sterling (£)(GPB); and
(c). does not include the cost of delivering the goods (delivery option and costs will be provided before you place your order).
H. Nature of goods
- The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods:
(a). are of satisfactory quality;
(b). are fit for purpose;
(c). match the description, sample, or model; and
(d). are installed properly (if we install any goods).
2. We must prove you with goods that comply with your legal rights.
3. While we try to make sure that:
(a). all weights, sizes, and measurements set out on our site are as accurate as possible, there may be a small tolerance of up to 1% in such weights, sizes, and measurements; and
(b). the colours of our goods displayed accurately on our site, the actual colours that you see on your computer may vary depending on the monitor that you use.
4. Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, product shipping charges, delivery estimates, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
I. Faulty goods
- Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this contract. They are a summary of your key rights. For more detailed information on your rights and what you should expect from us, please:
(a). contact us using the contact details at the top of this page; or
(b). visit the Citizens Advice website www.citizensadvice.org.uk
- Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
- Please contact us using the contact details at the top of the page if you want:
(a). us to repair the goods; or
(b). us to replace the goods.
J. Products, Materials and Design
1. By the very nature of both the materials we use and the type of furniture we are producing, our wood could contain all of the following characterful traits (which are expected within each piece and for which we are unable to offer any kind of discount or refund):
- bandsaw marks across the grain;
- small ‘chip out’ marks from the planer;
- knots / cracks / shakes;
- small machining marks;
- natural colour variation.
Hopefully all of these attributes will add to the uniqueness of your piece, but should you want your piece to be reduced from this type of rustic character as much as possible, please make sure to specify a quote for prime timber, or let us know that you need a surface extra flat / smooth, etc. so that we are able to quote accordingly.
2. We always endeavour to choose the best boards for prime timber orders. However there will still be small knots, varied wood grain, and medullaray rays, depending on the wood we have available to us.
3. Waney edge items are different every time and can have high levels of character. We fix any large natural cracks and large knots with bowtie joints and inlays, however these won’t be on every order.
4. We will not accept returns, make adjustments or alterations, or offer refunds due to issues arising from your personal preference on wood grain, pattern, knots, medullary rays, colour variation, or any other naturally occurring elements. Natural wood is varied and beautiful and the grain can even change in the same piece.
5. All wood species can react to exposure to sunlight, changes in temperature and humidity. We cannot be held responsible for changes in the wood due to environmental factors, once delivery has been made. Very dry or hot settings could lead to cracks / movement; likewise a very humid or wet environment could cause the wood to warp, and joints to separate. We make our furniture with wood movement in mind, however we can’t take responsibility should the piece react to the temperature or humidity of your own environment. Please see our Care Guide for more information.
6. Our furniture is not suitable for outdoor use, or use in bathrooms and wet-rooms, unless specified.
7. All our products can be made to measure to fit your space, however we do not guarantee mm precision unless we are specified to do so, and some hardware such as nuts and bolts may protrude – please allow for +/- 25mm on all dimensions. (Or about 5%). The tolerances are likely to mainly occur in the height and depth of the piece as we are using solid boards which can vary slightly in size depending on how much each particular board needs sanding.
8. If you require an exact size for your item, for fitting into an alcove for example, please make sure to specify that the measurement needs to be exact. We can’t take responsibility for an item which doesn’t fit or is too small if the measurement is under the 5% of tolerance.
9. Due to the nature of the finishes applied to our product, the final finishes may vary from photos online or samples we send out, but we will always do our best a get a match.
10. When working to customers’ design specifications and drawings we will not be held fully responsible for issues with design, functionality, or stability / wood movement, unless a sample product is ordered or testing is paid for. We endeavour to ensure any product ordered sent out is in full working order, and to our usual high standard, however if we do encounter unexpected design issues, or need to alter a customers’ design we will charge accordingly.
11. We will not be held responsible for any damaged caused by customers making adjustments or amendments to their order.
12. We cannot be held responsible for customers preference to design elements that are not discussed or raised at the point of ordering, and will make educated assumptions based on the style of the product, and it’s functionality etc.
13. Almost all of our products leave us fully assembled, unless specified otherwise.
14. We recommend that items of shelving, cabinets, and drawers should be fixed to a wall for safety. Please mention whilst ordering if you will require fixings, or holes drilling. Items of furniture left free standing are done so at the customer’s own risk.
15. In the circumstance that an item is to be fixed to a wall, floor, or similar, it is the customer’s responsibility to check the suitability of their property, wall type, etc. We will not be held responsible for damages caused to customer’s property in the process, or as a result, of the customer attaching their furniture to the wall, floor etc. We would recommend the customer always use an experienced tradesman.
16. Never climb or hang from your furniture.
17. Always place heavier items at the bottom of shelving and storage to avoid the piece becoming top heavy.
K. End of contract
If this contract is ended, it will not affect our right to receive any money which you owe to us under this contract.
L. Limit on our responsibility
- Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for:
(a). losses that:
(I). were not foreseeable to you and us when the contract was formed; or
(II). were not caused by any breach on our part;
(b). business losses; and
(c). losses to non-consumers.
M. Indemnity and insurance
- You shall indemnify us, and keep us indemnified, from and against any losses, damaged, liability, costs (including legal fees) and expenses incurred by us as a result of or in connection with your breach of any of your obligations under this contract.
- You shall have in place contracts of insurance with reputable insurers incorporated in the United Kingdom to cover your obligations under this contract. On request, you shall supply, so far as is reasonable, evidence of the maintenance of the insurance and all of its terms.
N. Limitation of liability
- The extent of the parties’ liability under or in connection with this Contract (regardless of whether such liability arises in tort, contract, or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause.
- Subject to the sub-clauses below (entitled ‘Exceptions’), our total liability shall not exceed the sum of £1,000,000.
- Subject to sub-clauses below (entitled ‘Exceptions’), we shall not be liable for any of the following (whether direct or indirect):
(a). loss of profit;
(b). loss or corruption of data;
(c). loss of use;
(d). loss of production;
(e). loss of contract;
(f). loss of opportunity;
(g). loss of savings, discount, or rebate (whether actual or anticipated); or
(h). harm to reputation or loss of goodwill.
Exceptions
5. The limitations of liability set out above shall not apply in respect of any indemnities given by either party under this Contract.
6. Notwithstanding any other provision of this Contract, the liability of the parties shall not be limited in any way in respect of the following;
(a). death or personal injury caused by negligence;
(b). fraud or fraudulent misrepresentation;
(c). any other losses which cannot be excluded or limited by applicable law;
(d). any losses caused by wilful misconduct.
O. Complaint Handling Procedure
- If you wish to raise a complaint, please put details of your complaint in writing and send it to us, either by email or by post, using the contact details at the top of this page.
- We shall investigate your complaint and respond as quickly as possible.
P. Alternative Dispute Resolution
- If you and we cannot resolve a dispute using our complaint handling procedure, we will:
(a). let you know that we cannot settle the dispute with you; and
(b). consider the need for Alternative Dispute Resolution and, if considered necessary, provide you with information about any alternative dispute resolution provider we deem appropriate to deal with our complaint.
2. If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to these Terms.
3. The laws of England and Wales will apply to these Terms.
KILLE DESIGN 