Terms of Business

  1. Definitions
      1. When the following words with capital letters are used in these Terms, this is what they will mean:

    Goods:

      1.  the made-to-measure goods that We are selling to you as set out in the Order form;

    Order:

      1.  your order for the Goods and/or Services;

    Product:

      1.  the Goods We create for you as a result of the Services, as set out in the Order;

    Services:

      1.  means as mat be applicable the templating, design, construction, delivery and/or fitting services that We have agreed providing to you as set out in the Order. For the avoidance of doubt fitting services are not provided for kitchen furniture, wooden or laminate worktops unless specifically agreed in advance;

    Terms:

      1.  the terms and conditions set out in this document; and 

    We/Our/Us:

      1.  DJ Building Construction (registered in England and Wales with company number 07718280).
    1. When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.
  2. Our contract with you
    1. These are the terms and conditions on which We supply Goods, or Services, or both Goods and Services, to you.
    2. Please ensure that you read these Terms carefully, and check that the details on the Order and these Terms are complete and accurate, before you sign the Order. If you think that there is a mistake or require any changes, please contact Us to discuss.
    3. When you sign and submit the Order to Us, this does not mean We have accepted your order for Goods and/or Services. These Terms will become binding on you and Us when We issue you with a written acceptance of an Order and you pay the first instalment of the invoice, at which point a contract will come into existence between you and Us. If We are unable to supply you with the Goods and/or Services, We will inform you of this and We will not process the Order.
    4. Our website, catalogue and brochure are solely for the promotion of Our Goods in the UK. We do not accept orders from or deliver to addresses outside the UK.
    5. The images of the Goods on Our website and in Our catalogue, or samples, or brochure are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that the printed pictures accurately reflect the colour of the Goods. Your Goods may vary slightly from those images.
  3. Changes to order and your right to cancel
        1. Unfortunately, as the Goods are made-to-measure, you will not be able to cancel your Order once made (but this will not affect your legal rights as a consumer in relation to made-to-measure Goods that are faulty or not as described).
        2. Once We have begun to provide the Services to you, you may cancel the contract for Services with immediate effect by giving Us written notice if:

      (a)We break this contract in any material way and We do not correct or fix the situation within 28 days of you asking Us to in writing; or

      1. (b)We go into liquidation or a receiver or an administrator is appointed over Our assets.
  4. Our rights to cancel and applicable refund
        1. We may have to cancel an Order before the start date for the Services or before the Goods are delivered, due to an Event Outside Our Control or the unavailability of stock or (in the case of Services) key personnel or key materials without which We cannot provide the Services. If this happens:

      (a)We will promptly contact you to let you know;

      1. (b)if you have made any payment in advance for Services that have not been provided to you, or Goods that have not been delivered to you, We will refund these amounts to you;
      1. (c)where We have already started work on your Order for Services or made-to-measure Goods, We will not charge you anything and you will not have to make any payment to Us.
        1. We may cancel the contract for Services at any time with immediate effect by giving you written notice if:

      (a)you do not pay Us when you are supposed to as set out in the Order This does not affect Our right to charge for our costs and interest under clause 10.3; or

      1. (b)you break the contract in any other material way and you do not correct or fix the situation within 2 days of Us asking you to in writing.
  5. Delivery of goods
    1. Initial Delivery within London (within the boundary of the M25) will be included in the overall price. Delivery outside the M25 is subject to quote.
    2. We will contact you with an estimated delivery date seven days in advance which you must confirm seven days before the delivery. Upon payment, the delivery date will be confirmed.
    3. You shall arrange for a suitable person over 18 to check all deliveries and sign off the receiving slip. You shall make suitable arrangements to make sure that there is adequate parking space for the delivery on the agreed delivery date and, if appropriate, pay for the parking.
    4. With regards to Kitchen Furniture, we will deliver the Goods to the kerbside of the address only. Upon delivery you take full responsibility for the Goods. You will be responsible for moving the kitchen furniture into the premises and you acknowledge that You shall arrange for your own fitters to install the Goods.
    5. With regards to Worktops, We will deliver the G oods to the kerbside of the address you gave Us and, following your approval, We can continue with the installation.
    6. If no one is available at your address to take delivery or you have not arranged a suitable parking space, We will leave you a note that the Goods have been returned to Our premises, in which case, please contact us to rearrange delivery. There will be a charge of £200 for missed delivery.
    7. Delivery of an Order shall be completed when We deliver the Goods to the kerbside of the address you gave Us and the Goods will be your responsibility from that time.
    8. Please inform us if any delivered goods are missing or damaged by the next business day, after that we shall have no obligation to refund or exchange any such kitchen furniture.
    9. If we are unable to deliver due to Events Outside Our Control, then work shall be carried out on the next working day or another agreed date.
    10. You do not own the Goods until We have received payment in full.
  6. If the goods are faulty
    As a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
  7. Third-party manufacturer’s guarantee of goods
    1. The Goods come with a manufacturer’s guarantee. For details, please refer to the manufacturer’s guarantee provided with the Goods.
    2. You must transfer the benefit of the guarantee in clause 7.1 to any purchaser of your property. You must only transfer your other rights or your obligations under these Terms to another person if We agree in writing.
    3. This guarantee is in addition to, and does not affect, your legal rights in relation to the Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
  8. Seller’s guarantee of goods
        1. We guarantee that on delivery and for a period of 12 months from delivery, the Goods shall be free from material defects. However, this guarantee does not apply in the circumstances described in clause 8.2.
        2. This guarantee does not apply to any defect in the Goods arising from:

      (a)fair wear and tear;

      1. (b)wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
      1. (c)if you fail to operate or use the Goods in accordance with the user instructions;
      1. (d)any alteration or repair by you or by a third party who is not one of Our authorised repairers
      1. (e)any fitting done incorrectly by a third party; and
      1. (f)any specification provided by you.
    1. This guarantee is in addition to, and does not affect, your legal rights in relation to the Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
  9. Providing services (including Fitting services)
    1. We will supply the Services to you as set out in the Order.
    2. We will make every effort to complete the Services on time. However, there may be delays due to an Event Outside Our Control. See clause 12 for Our responsibilities when an Event Outside Our Control happens.
    3. Where We have agreed to provide fitters under the Order (which shall include Worktops (that are not wooden or laminate)) shall be fitted as part of the Services on the delivery date unless agreed between us separately. You must ensure that Your premises are ready for the fitting. This means that the room in which the worktop is to be fitted is easily accessible and the kitchen furniture is installed and ready for the worktop to be fitted.
    4. f there is any delay in the completion of fitting/template the Worktop because you require our fitters to revisit your premises i.e.: if the premises are not ready to fit/template out on the delivery date/template date, then you will be charged an additional fee of £100 even if no work is done on the agreed date.
    5. You acknowledge that we cannot offer any services relating to electric, gas fitting or plumbing work. You agree to arrange for your own electrician, plumber and/or gas fitter for these purposes.
    6. f you do not pay Us for the Services when you are supposed to as set out in the Order, We may suspend the Services with immediate effect until you have paid Us the outstanding amounts. We will contact you to tell you this. This does not affect Our right to charge you charges and interest under clause 10.4.
    7. If We design the Product for you, We will own the copyright, design right and all other intellectual property rights in the Product and any drafts, drawings or illustrations We make in connection with the Product for you.
    8. As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials We use are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
  10. Price and payment
        1. The price of the Goods and/or the Services will be set out in your Order. Our prices may change at any time, but price changes will not affect Orders that you have already placed.
        2. These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Goods and/or Services in full before the change in the rate of VAT takes effect.
        3. If you do not make any payment due to Us by the due date for payment or we are unable to deliver the Goods as a result of your failure to comply with these Terms, We may charge you for:

      (a)any costs that we may incur in arranging re-delivery and storage of the Goods and/or arranging alternative times to perform the Services;

      1. (b)any amounts prescribed under these Terms or set out in the Order;
      1. (c)any costs incurred by Us associated with recovering any payment due; and
      1. (d)interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Lloyds Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment.
      You must pay Us any of these charges in addition to with any overdue amount.
  11. Our liability to you
        1. If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by you and Us at the time we entered into this contract.
        2. If We are installing the Goods and/or providing Services in your property, We will make good any damage to your property caused by Us in the course of installation or performance. However, We are not responsible for the cost of repairing any pre-existing faults or damage to your property that We discover in the course of installation and/or performance by Us.
        3. We only supply the Goods and/or Services or Product for domestic and private use. You agree not to use the Goods and/or Services or Product for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
        4. We do not exclude or limit in any way Our liability for:

      (a)death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;

      1. (b)fraud or fraudulent misrepresentation;
      1. (c)breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); (d)breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
      1. (e)defective products under the Consumer Protection Act 1987.
      Otherwise Our liability is limited to the total cost of Goods.
  12. Events Outside Our Control
        1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
        2. An Event Outside Our Control means any act or event beyond Our reasonable control including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
        3. If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:

      (a)We will contact you as soon as reasonably possible to notify you; and

      1. (b)Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to you, We will arrange a new delivery date with you after the Event Outside Our Control is over. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
    1. You or We may cancel the contract if an Event Outside Our Control takes place and continues for longer than twelve weeks and you no longer wish Us to provide or we are no longer able to provide the Goods and/or Services.
  13. Information about us and how to contact us
    1. Our details including company registration number, VAT details and other contact information can be found on the Order form. If you have any questions or if you have any complaints, please contact Us.
    2. If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing, you can send this to Us by e-mail, by hand, or by pre-paid post to We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.
  14. How we may use your personal information
        1. We will use the personal information you provide to Us to:

      (a)provide the Goods and/or Services;

      1. (b)process your payment for such Goods and/or Services; and
      1. (c)inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
    1. You agree that We may pass your personal information to credit reference agencies and that they may keep a record of any search that they do.
    2. We will not give your personal data to any third party.
  15. Other important terms
    1. We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
    2. This contract is between you and Us. No other person shall have any rights to enforce any of its terms. However, the purchaser of your property will have the benefit of the guarantee at clause 7.1 if you transfer it to them, but We and you will not need their consent to cancel or make any changes to these Terms.
    3. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    4. If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.

These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

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The proof of the pudding is in the eating as they say and what better way to learn more about what makes us different than experiencing our kitchen ranges for yourself. By discussing your kitchen requirements with us we will be able to help you specify your dream kitchen, from finishes to storage solutions, appliances to accessories.

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