Terms & Conditions

Introduction

Please read these Terms and Conditions carefully before using this web site. By accessing or using our web site you agree to be legally bound by these Terms and Conditions

Prices listed are in £GBP and are inclusive of Delivery costs and VAT.

We may change the advertised price of a Product at any time. The price you pay will be the price in force at the time of your Order.

The price on your Order will be validated by us as part of the acceptance procedure. We try to ensure Prices displayed on our web site are correct at all times.

Should a Pricing error arise, we will inform you if a Product's correct price is higher than that stated on your Order and you may choose to either proceed with or Cancel the Order.

Payment

Payment is usually by credit or debit card and is taken when the Order is placed. This is to protect us from card fraud.

and-thekitchensink.co.uk is entitled to refuse any Order placed by you. If your Order is accepted, we will confirm acceptance to you by online electronic means ("Confirmation") to the email address you have given us on the Order. The Order will then be fulfilled around the estimated date set out in the Confirmation or, if the Confirmation does not contain such a date, within 30 days of acceptance. If you do not receive a Confirmation email, please contact us to ensure your Order has been accepted.

You undertake that all details you provide to us for the purpose of purchasing Products or services which may be offered by us on our web site will be correct, that the credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any Products or services. We reserve the right to obtain validation and verification of the authenticity of your credit or debit card details before providing you with any Products or services.
Availability

All Products depicted on this web site (as may be varied from time to time) are available almost everywhere in mainland UK, and by special arrangement to the Channel Islands, Republic of Ireland, Isle of Wight, Isle of Man and the Scottish Islands.

All Products are subject to availability. If the Product you Order is unavailable, we will notify you immediately by phone or email. We will offer alternatives to your from our product range. In the event that we are unable to supply the product or substitute Product to you at all, we shall notify you as soon as possible and shall reimburse your payment in full.
Arranging and anticipating delivery

Delivery is usually included in the advertised Product Prices and applicable within mainland England, Wales and Scotland. Delivery to Republic of Ireland, Isle of Man, Isle of Wight, Channel Islands, the Scottish Isles and certain remote locations, may be arranged subject to additional Delivery charges. Any additional delivery charges will be notified to you prior to your order being placed, and before your order is acknowledged.

Extra Delivery charges to remote or outlying areas within the UK mainland may arise, in which case we will agree the charges with you as soon as possible, where applicable. More information on extra charges will appear clearly on the individual Product pages where relevant.

Any times or dates stated on our web site or confirmation emails regarding Delivery are estimates only. and-thekitchensink.co.uk will make all reasonable effort to deliver Products within the time specified, but does not accept liability for any failure to deliver within that time. Orders received on Saturdays, Sundays or public holidays and Orders received after 12pm on weekdays, will be processed the next working day.

Whilst we agree to use all reasonable endeavors to ensure that Delivery is made around the Delivery time advertised, you will acknowledge that actual Delivery is often via third party suppliers and carriers and can therefore be beyond our control. Incorrect personal details may lead to problems or delays in Delivery, so before placing your Order, please ensure that you have included the full address details, including accurate postcode of the Delivery address and your daytime contact telephone number and e-mail address so we can notify you in the event of a Delivery problem.
When the delivery arrives

Delivery will be deemed as successfully made once the Product has arrived at the address specified. No signature is required for proof of Delivery, except where carriers use this for their own confirmation. Products may be left at the Delivery address without the Recipient's permission except where third party suppliers require signed confirmation. Products will be deemed your responsibility once they have been received by you, your agent or the intended Recipient. Any loss or damage to the Products shall then be at your own risk. If your order arrives with damage, the delivery note must be signed accordingly, with this stated on the delivery notes, or if unchecked, sigan accordingly.

In case of Delivery to certain locations such as hospitals, airports, hotels, ships and other business premises, the signature of any person authorized to accept Delivery on behalf of the organization shall be accepted as proof of Delivery. Should Delivery be refused at the Delivery address, and re-requested for another date, we may charge for the second Delivery, since we met our Delivery obligations with the initial Delivery attempt. It is the Recipients responsibility to sign for the correct number of packages as shown on the carrier's Delivery consignment note. Shortages must be noted on the consignment note where possible. You should notify us of the shortages within 10 days of Delivery. If boxes look damaged on Delivery we recommend the contents are inspected before accepting and signing the Delivery note.

Cancellations and returns

We endeavor to provide the best Customer Service possible. Should anything go wrong, we will make every effort to resolve the issue. However, should the problem be unsolvable, or you prefer to amend or Cancel your Order, please contact customer services.

You may Cancel your Order within 14 days from the date of making the Order for any reason. If you Cancel your Order via telephone your Order will be put on hold. You must confirm your wish to Cancel the Order in writing via email or post within 7 working days. Your Order will not be considered Cancelled until notification in writing is received.

If you decide to Cancel an Order after the Products have been dispatched and commenced their carriage to you by carrier or post, we may charge you for the carriage of those Products and any administration incurred. We advise you check the status of the Order before you request Cancellation. Any charges will be communicated to you before we confirm the Cancellation.

You are entitled to Cancel any payment at any time where fraudulent use has been made of your credit or debit card by another person not acting on your behalf or as your agent and be re-credited by us to the extent that such sums are not reimbursed by the card issuer.

Returns

Before you request or arrange return of a Product, please read the below information carefully.

You may Return any Delivered Products you have purchased within 7 working days of Delivery. To do so you must notify us in writing via email or post within 7 working days of Delivery. All returns must be notified to us in advance via email or a phone call. Each return must be authorised prior to return commencing. Unauthorised returns may be refused, and/or amounts being deducted from your resulting refund. If You are Returning a Product for any reason, you must pay the costs of Returning the Products to Us or our suppliers.

To return an item due to damages and/or discrepancies, you must request to do so within 7 days of receipt of your order. A request must be sent to us by email requesting the return, and confirming which items you would like to return. Your order number should be quoted in all correspondance, and if you've been issued with one, your returns number. Please specify the reason for return of each item. Please note: All returned items must include the returns request sent to us, and should be sent back in the same condition as they were received, in original boxes and suitably packaged for transit. If you wish to return or cancel an order for an item that has had a finish added, the refund will not include the cost of the finish and a re-stocking fee of 20% of the original cost of the item will be deducted. If you are returning an item as unwanted, you will be liable for the cost of carriage and we reserve the right to charge an admin and re-stocking fee for bespoke items or made to order goods.

On request, we will collect the Products from you, but the cost of this will be charged to you and we may deduct this from the Refund. If:

* the Product delivered is not what you Ordered (including an unapproved Substitute Product), or does not correspond with its description;
* the Product delivered is not of a satisfactory quality,
* the Product arrives damaged or faulty And you have notified us within 7 working days, we may replace the item or affected parts or you may Cancel the Order and receive a full Refund. You will not be charged for the costs of returning an unapproved substitute or defective product. If Products arrive in a damaged condition you must make a note on the carrier's Delivery consignment note where possible and inform us within 7 working days of the Delivery. If the Product becomes defective soon after 7 working days have passed, and-thekitchensink.co.uk will, at its option, repair the product, replace the Product or Refund you. You will not be charged for the cost of Returning a defective Product.

We will not accept Returns or Cancellations if the Products have been altered by applying chemicals or paints to the surfaces or by altering or customizing the Product in any way that could be deemed as you using or treating the Products as your own. While in your possession, you must keep any Products you intend to Return to us in good condition. Products must be Returned in the same condition as they were delivered. If products were delivered flat packed they must be Returned in the same way. Care must be taken to ensure the Return Products are packed well to avoid damage or loss of parts in transit. Products Returned which cannot be re-sold as new due to damage or wear and tear may be subject to a reduction in the Refund given.

Refunds

Refunds will be processed within 30 days. Where exchange rates of currency are involved, the Refund will be made in £GBP at the current exchange rate. We do not accept responsibility for any loss or gain caused by changes in the exchange rate between the time of Ordering and the time of issuing the Refund.
General

We may assign, transfer, novate or subcontract any or all of our rights and obligations under these Terms and Conditions at any time.

We may alter these Terms and Conditions from time to time and post the new version on our web site, following which all use of our web site will be governed by that version. You must check the Terms and Conditions on the web site regularly.

These Terms and Conditions together with the privacy policy, any Order form and payment method instructions, if any, are the whole agreement between you and Us. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by Us or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these Terms and Conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the Terms and Conditions, privacy policy, Order form and payment method instructions.

If any provision or terms of these Terms and Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other Terms and Conditions and shall be deemed to be deleted from them. These Terms and Conditions and your use of our web site are governed by Scottish law and you submit to the non-exclusive jurisdiction of the Scottish court. Except in respect of a payment obligation, neither you nor and-thekitchensink.co.uk will be held liable for any failure to perform any obligation to the other due to causes beyond your or and-thekitchensink.co.uk's respective reasonable control. Failure or delay by either party enforcing an obligation or exercising a right under these Terms and Conditions does not constitute a waive of that obligation or right.

These Terms and Conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.

Notices

All notices shall be given:

* to us via email or by post at:

and-thekitchensink.co.uk
111 George Street
Edinburgh
EH2 4JN

No returns should be sent to this address, unless authorised and confirmed by a member of our staff. We will confirm the returns address to you by email in up your return being authorised.

* to you at either the email or postal address you provide during any Ordering process. Notice shall be deemed received when an email is received in full by 5pm (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.

Modifications to web site

We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our web site or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content shall be subject to these Terms and Conditions.

Please note that although we try to ensure that the content of our web site is accurate, our web sites may contain typographical errors or other inaccuracies.

These Terms and Conditions replace all other Terms and Conditions previously applicable to the use of our web site and/or sale of the Products.
Nature of our web site

Our web site is a place for you to select and Order kitchen products (the "Products"). Our web site describes the Products in more detail.

Please note that our web site is available only to individuals that can form legally binding contracts under applicable law. You must be over 18 years to purchase the Products, using the payment methods displayed on our web site If you do not qualify you may not use our web site
Liability

We promise that for any Product you purchase from our web site:

* We have the right to sell the Product to you;
* The Product will correspond with the description we have given to you; and
* The Product will be of satisfactory quality.

We also promise that any service we provide to you will be provided with reasonable skill and care. Subject to our Delivery statements, we shall not be liable for any delay or inability to perform our obligations to you if such delay is due to any cause whatsoever beyond our reasonable control. We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any products (including without limitation the Products), our web site or any information or service provided through our web site If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Product concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation. The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permissible by applicable law.
Information you provide to us

The following applies to any information you provide to us, for example during the registration or Ordering process.

* You authorize us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our web site by us, our suppliers, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties (together our "Partner Companies").
* If you obtain or choose to buy Products from our web site then we may collect information about your buying behavior and if you send us personal correspondence such as emails or letters or other messages, then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in our privacy policy shall be known as the "Purposes"). All such information collected by us shall be referred to in these Terms and Conditions as "Personal Information".
* You must ensure that the Personal Information you provide is accurate and complete and that all Ordering or registration details (where applicable) contain your correct name, address and other requested details. For more information about how we deal with your Personal Information, please read our privacy policy. By accepting these Terms and Conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. If you would like to review or modify any part of your Personal Information then you should email us at customer services. In addition, the following applies to all messages, emails, ideas, suggestions, concepts and other material submitted by you to us ("Content"): • You must own or have the right to submit Content for publication on our web site and all Content submitted by you must be legal, honest, decent and truthful and comply with all applicable laws, regulations, standards and/or codes of practice;
* You must ensure that all Content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libelous or defamatory of any person or be otherwise unlawful;
* You must ensure that the Content does not advertise or otherwise solicit for funds or is a solicitation for Products or services; and
* We have the right to monitor Content and may elicit, reject remove or change Content if we believe it does not comply with the above and, in particular, we reserve the right to block incoming emails and other Content if we believe that their content is or may be inappropriate or otherwise does not comply with the above.You grant us a non-exclusive, irrevocable, royalty free, worldwide licence to publish all Content that you submit to us except any portion of the Content that is Personal Information.You have sole responsibility for the Content which you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by you to us. You warrant and undertake that you will not use our web site for any purpose that is illegal or prohibited by these Terms and Conditions, including without limitation the posting or transmitting of any libelous, defamatory, inflammatory or obscene material. If you breach these Terms and Conditions then your permission to use this web site terminates immediately without the necessity of any notice being given to you. We retain the right to deny access to any person who fails to comply with these Terms and Conditions.

Security

You are responsible in all respects for all use of and for protecting the confidentiality of any username, email verification and password that may be given to you or selected by you for use on our web site You may not share these with or transfer them to any third parties. You must notify Us immediately of any unauthorized use of them or any other breach of security regarding our web site that comes to your attention.
Applicability of online materials

Unless otherwise specified all content and materials published on our web site are presented solely for your private, personal and non-commercial use.

Our web site is controlled and operated by us from our offices in Scotland. Where content published on our web site is supplied by third parties, you understand that we do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or offline) and the use of such content except for content which relates directly to Products you purchase. You assume total responsibility and risk for your use of our web site and use of all information contained within it.

We have used our best endeavors to ensure that our web site complies with UK laws. However, we make no representations that the materials on our web site are appropriate or available for use in locations outside the UK. Those who visit our web site from other locations do so on their own initiative and are responsible for compliance with all applicable laws.

If use of our web site and/or viewing of it, or use of any material or content on our web site or services, or products offered through our web site are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorized to view or use our web site and you must exit immediately. and-thekitchensink.co.uk makes no representations and gives no warranties, express or implied that making the Products available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or regulations. Accordingly, if making the Products or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you.

You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to purchase the Products. and-thekitchensink.co.uk accepts no liability, to the extent permitted by applicable laws, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.
Copyright and monitoring

The contents of our web site are protected by international copyright laws and other intellectual property rights. The owner of these rights is and-thekitchensink.co.uk, its affiliates or other third party licensors. All product and company names and logos mentioned in our web site are the trade marks, service marks or trading names of their respective owners, including us. You may download material from our web site for the sole purpose of placing an Order with Us or using our web site as a shopping resource.

However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our web site including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in Order to complete any test or questionnaire.
Linked sites

and-thekitchensink.co.uk make no representations whatsoever about any other web sites which you may access through our web site or which may link to our web site When you access any other web site you understand that it is independent from Us and that we have no control over the content or availability of that web site In addition, a link to any other web site does not mean that and-thekitchensink.co.uk endorses or accepts any responsibility for the content, or the use of, such a web site and and-thekitchensink.co.uk shall not be liable for any loss or damage cause or alleged to be caused by or in connection with use or reliance on any content, Products or services available on or through any other web site or resource. Any concerns regarding any external link should be directed to its web site administrator or web master.

Availability of our web site

We will try to make our web site available but cannot guarantee that our web site will operate continuously or without interruptions or be error free and can accept no liability for its unavailability.

You must not attempt to interfere with the proper working of our web site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, web site, router or any other Internet connected device. We will do our best to ensure that all materials and information published on our web site are accurate, but please note that all content, materials and information on our web site are provided on an 'as is' basis and you assume total responsibility and risk for your use of our web site and use of all information contained within it.

We accept no liability for any indirect, consequential loss, damage or special or punitive damages, or costs, or for any loss of data, profit, revenue, business contracts (whether direct or indirect) in each case, however caused, even if foreseeable and even if we have been advised of the possibility of such damages. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our web site or its contents other than as a direct result of purchasing Products (which shall be subject to the exclusions and limitation of liability set out in these Terms and Conditions), we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of Us or our servants, agents or any other person or entity.

You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our web site and is compatible with our web site You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our web site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

Data Protection Statement

The Data Protection Act 1998

The Data Protection Act 1998 (hereafter referred to as "The Act") is a statutory act of the government of the United Kingdom of Great Britain and Northern Ireland. The Act defines what types of data are allowed to be collected, how they should be stored and what can and cannot be done with that information. In particular The Act states that personal data relating to individuals must be stored securely and only used for legitimate purposes. Full text of The Act can be found here.

Definitions:

"Us" means "and-thekitchensink.co.uk" as defined elsewhere on this web site
"Customer" means anyone who requests services from us and has entered in a contract with us.
"Contract" means the contract between us and the customer covering the supply of services or products by us to the customer.

Personal Data Collected (Part 1)

The following customer data is collected by us as part of the formation of a contract between our customers and us and is necessary for us to enter into said contract with the customer. In addition, some of this data is also collected each time customers request services from us (either via our web site or via written purchase orders):

1. The customer's full name.
2. The customer's full mailing address.
3. The customer's email address.
4. The customer's access username and password.
5. The customer's invoice contact and address if different from 1. and 2.

What the above information is used for:

The information collected above is used solely to implement our contract with the customer (Setting up of an account with us, supplying of goods by us and the issuing of invoices by us) and is not disclosed to any third party or used for any other purpose.

Where the above information is kept:

The above information is maintained on an electronic database used solely by us and only available to us.

Personal Data Collected (Part 2)

The following information is logged by our web and mail servers when customers contact us by these means:

1. The internet protocol address (IP address) of the computer used to send the request.
2. The version of web browser and the computer operating system used to send the request.
3. The email address of the requestee.

What the above information is used for:

The information collected above is used solely for the purposes of implementing the contract between us and the customer, monitoring web and mail usage and the diagnosing and rectifying of problems that may occur

Where the above information is kept:

The above information is maintained on the server logs and is used solely by us and only available to us. We also place a cookie on customers machines which allow it to enable our order processing system to complete their details in event of a re-order.

If you have further questions or want to see the personal data we hold:

If you require further information or clarification of any of the statements made above, please contact us. We respect the personal privacy of our customers and their right to access the information held about them by us. Any customer wishing to obtain a copy of the information about them held by us should contact us (in writing) asking for the information. A charge of £10 sterling is levied for each request.