1. WHAT THEY COVER AND WHY YOU SHOULD READ THEM
These are the general terms upon which we as a business would supply ‘products’ to you as a consumer, meaning goods and (where applicable) includes any service for their installation at your property. Please read the terms carefully before you submit your order to us because they contain important information that would be part of any legally binding contract between us. However, they do not exclude or limit in any way your statutory rights and you can visit the Citizens Advice website at www.citizensadvice.org.uk for more information.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
We are Venus Property Solutions Limited (company number 7533658) whose registered office is at 1 Church Street, , Bedfordshire LU7 1AE trading as Venus Kitchens & Bathrooms and our vat registration number is 108735217. You can contact us by telephoning our sales representatives on 01923 – 819308, writing to us at our trading address at 258 -260 St Albans Road, Leighton Buzzard, Bedfordshire WD24 4AX or by e-mailing us at email@example.com
If we wish to contact you, we will do so through your contact details contained in your order. To avoid uncertainty, it is always preferable that the parties confirm important matters in writing.
3. FORMING A CONTRACT
3.1. Our quotation
If you express an interest in purchasing our products and request us to do so, we shall prepare a written quotation which contains a detailed description of the products and the price for selling them to you. You should also inform us if you intend to use the goods for any unusual purpose. Where our quotation is also for the installation of those goods, one of our designers shall arrange a visit to measure your property and we shall then rely upon our measurements to prepare a computer aided drawing with a recommended design for your approval. Our fitter will make a separate visit to survey the property and you must keep us fully informed of any changes to the property that are planned to take place after each visit since they might impact upon our recommendations. Where our quotation is for the supply of goods only and not their installation, you are responsible for the accuracy or correctness of any measurements, plans or drawings that you use or provide to us, we do not warrant the accuracy or correctness of any that might be produced by ourselves as part of the quotation process and you must rely upon your fitter’s survey for confirmation that the property and its services are suitable for the products and the materials to be used. It is important that you should read any quotation before approving it and signing a related purchase order, so please contact us promptly if you consider it contains any mistakes.
3.2. Our intellectual property rights
We own the intellectual property rights in the designs, plans, elevations, computerised images and other documents we prepare for you and shall provide you with a full set when you have approved our design. We licence you to use them but only in connection with our contract with you, they must not be shown to anyone without our consent save to those doing your installation works. We shall have a similar licence from you to use any documents you supply to us.
3.3. Your order and our acceptance
A contract shall only come into existence between us in relation to an approved quotation for which you have signed a completed order to purchase the products (see part 1 of the form on the reverse of these terms) followed by our counter-signing it by way of acceptance (see part 3 of the same form). We do not accept orders from or deliver to addresses outside the UK.
3.4. Your order number
We will designate the letters ‘VPS’ for goods and ‘VPSI’ for installations followed by a number to your order when it is accepted and having notified you, it would be helpful if you could then refer to it whenever contacting us.
4. OUR PRODUCTS
Variations between images and the products
The images of products shown in our brochure, on our website and in any computerised images that we create for you are for illustrative purposes only. Whilst we shall always endeavour to ensure that they are a fair representation and shall draw your attention to any possible differences before you enter into the contract, we do not guarantee that:
4.1. any computerised image illustrating the internal layout of any room with some or all of the products can be relied upon for installation purposes;
4.2. the display of colours shown on our website or on the printed page of our brochure reproduces the true colour of the products and there may be slight differences in shade; and
4.3. any sample that we give you will be an exact match for the product.
5. YOUR RIGHT TO MAKE CHANGES TO THE PRODUCT
If you would like any changes to the product after you have ordered it or to the approved design where we are doing the installation, please contact us and we shall let you know if it is possible together with any consequential changes including to the price, the timing of delivery and installation and we shall ask you to confirm your agreement to the changes on that basis or otherwise. Please note that in order to co-ordinate the various trades involved, we would normally require at least fourteen (14) days’ notice if you wished to vary an installation date.
6. OUR RIGHT TO MAKE CHANGES TO THE PRODUCT
We shall have a limited right to make changes to the product after you have ordered it but only as a result of changes in any relevant laws and regulatory requirements or to make minor technical adjustments and improvements that will not adversely affect your use of the product. If we propose more significant changes to their main characteristics (for example, as a result of any materials or colours being no longer available) then we shall notify you and you will have an opportunity to end the contract if you wish and to receive a full refund.
7. OUR PROVIDING THE PRODUCTS
7.1. Delivery and installation costs
The cost of delivery and installation (if applicable) will be as agreed with you during the order process.
7.2. What will happen if you do not provide information that we require
We may need certain information from you so that we can supply the products and install them. If so, we will contact you but if you do not provide it within a reasonable time or you give us incomplete or incorrect information, we may either end the contract (see clause 9.1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result.
7.3. Delivery of the products
We do not manufacture products and therefore, delivery to you is dependent upon the dates that our own suppliers can deliver them either to us or direct to you. Consequently, during the ordering process, we shall provide you with an estimated date or period for delivery and also for installation commencement and completion dates (if applicable). As soon as we have received commitments from our suppliers or manufacturers, we shall contact you again to confirm the dates or agree suitable alternatives. Often the products will be supplied to us from more than one source and therefore, we have to co-ordinate their delivery and it would be helpful if you were then to agree to deliveries by instalments. Please note that if we are installing the products then we shall be responsible for delivering them to a suitable storage area that you have designated within your property but if we are not installing them, delivery will be to your front door. Alternatively, you may arrange for the collection of the products from our premises during our working hours which are 09.00 to 17.00 on any weekday (excluding public holidays). Each delivery will be accompanied by a delivery note referring to your order number, type and quantity of the products and any special storage instructions. Please check the products against the note so far as you are able to do so without removing any labels or packaging or marking it and let us know as soon as possible (and in any event within three (3) days from delivery) if anything appears to be missing or damaged.
7.4. Your statutory rights if we deliver late
If we miss a deadline for delivering products, you have a statutory right to then treat the contract as at an end where: (a) we have refused to deliver the products; (b) delivery by the deadline was essential taking into account all of the relevant circumstances at the time we accepted your order; or(c) you told us before we accepted your order that delivery by the deadline was essential. However, if you do not wish to end the contract, you can set us a new deadline for delivery which must be reasonable and if we do not meet that new deadline, you can again treat the contract as at an end. You also have the option to keep the contract in place after our failure to deliver by either the original or the new deadline but instead to cancel products from your order including those that have been delivered (but not unpacked or installation commenced) unless splitting them up would significantly reduce their value. After that, we shall refund any sums you have paid to us for the cancelled products and if they have been delivered, you will have to return them to us or allow us to collect them from you and we will pay any related costs.
7.5. We are not responsible for delays outside our control
If our delivery or installation of the products is delayed by an event outside of our reasonable control, we will contact you as soon as possible to let you know and we shall take reasonable steps to minimise the effect of the delay. Provided that we do this, we shall not be liable for the resulting delays but if there is a risk of a substantial delay pursuant to clause 8.1.4., you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.6. If you are not at home when the goods are delivered
If you or your representative are not available at the delivery address to receive the products on the agreed date (s), we shall leave you a note informing you how to re-arrange delivery or collect them from our premises or a local storage depot. If you do not do so within 7 days, we shall contact you for further instructions and may charge you for any storage and re-delivery costs. If despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection, we may end the contact and clause 9.2 shall apply.
7.7. Installation of the goods by us
We shall arrange a separate meeting with you to agree a programme of works for the installation of the goods in accordance with our design to which you will be invited to give final approval. The cost of any additional work that is necessary but not reasonably foreseeable at the time of our quotation should be agreed by the parties as the need arises and you shall co-operate with us in all related matters, attending meetings following any reasonable request for you to do so and your being responsible for:
7.7.1. providing us with unrestricted access to your property and you shall co-ordinate any other contractors, suppliers or occupiers so that they do not interfere with our installation works;
7.7.2. putting your property in good structural order and condition, connected with all necessary mains gas, water, electricity, drainage and other relevant services and in all respects ready for the installation of the goods in accordance with our approved design save insofar as we have agreed to carry out works to put the property and its services into that condition and we shall have free access to those services. You will be responsible for contacting the local authority to arrange for the disposal of your old fridge-freezers and for paying any associated fees;
7.7.3. obtaining all necessary Building Regulation approvals, planning consents, listed building approvals, licences and permits before the agreed installation date and supplying us with copies; and
7.7.4. keeping the property in a secure and weather-proof condition so that it is suitable for the safe storage of the goods, our tools and any materials used.
If, despite our reasonable efforts we are unable to contact you to make the necessary arrangements or to carry out the works, we may end the contract and we shall be compensated as in clause 9.2.
7.8. We may suspend the supply of the products if you do not pay
If you do not make any scheduled payments to us for the products when you are supposed to (see clause 11.3) and you still do not make payment within seven (7) days of our reminding you that payment is due, we may suspend the supply of the products until you have paid us the outstanding amounts including any interest on overdue payments (see clause 11.5) save that we shall not suspend the products where you are disputing an unpaid invoice (see clause 11.6).
7.9. Responsibility for the product and transfer of ownership to you
The product will become your responsibility (including for insurance purposes) when we complete its delivery to your property (or to a carrier organised by you) or you collect it from us. You will own the product when in addition to its delivery or collection, we have received cleared funds from you representing full payment of the price.
8. YOUR RIGHT TO END THE CONTRACT
8.1. Your right to end the whole contract for good reason at any time prior to delivery You may end the whole contract at any time prior to our completing the delivery to you or your collection of the products from us for any of the following reasons:
8.1.1. we have told you about proposed changes to the product by our suppliers that are significant and you have not agreed to them (see clause 6); or
8.1.2. we have suspended or intend to suspend the supply of the products for technical reasons for a period of more than forty five (45) days (see clause 6); or
8.1.3. we deliver late (see clause 7.4.); or
8.1.4. there is a risk that the delivery of the product may be delayed by more than forty five (45) days beyond the agreed delivery date because of events outside of our control (see clause 7.5.).; or
8.1.5. we have told you about an obvious error or omission in the contract documentation affecting the price or description of the product and you have indicated that you do not wish to proceed on its corrected basis.
The contract will end as soon as you notify us about any of the above. We shall refund you in full for any advance payments that you have made subject to your returning to us at our expense any part deliveries. This is separate from your rights where there is a fault with the product or it is mis-described.
8.2. Your right to end the contract during the first 7 days other than for special orders
You may end the contract for any reason by notifying us to that effect but only during the seven (7) day period starting with the date of the contract, so long as our delivery or your collection of any of the products has not taken place during that period and provided always that in the case of:-
8.2.1. goods, we shall refund you for any advance payments less our net costs to compensate us for your cancellation. These are likely to be around 25% of their full price save that in the case of ‘special goods’ (designated as such in our quotation and meaning any goods that are made subject to a special order for you, made-to-measure, bespoke or otherwise unsuitable for return to the manufacturer for re-sale) where there shall be no such right to cancel or refund;
8.2.2. installations, we shall refund you in full for any advance payments.
Please note that after the seven day period, you may not cancel any products under clause 8.2.
9. OUR RIGHT TO END THE CONTRACT
9.1. We may end the contract if you break it
We may end our contract to supply a product at any time by writing to you if you do not:
9.1.1. make any payment to us when it is due and you still do not make payment within seven (7) days of our reminding you that payment is due;
9.1.2. provide us with information within a reasonable time following our request for you to do so and which is necessary in order for us to supply the products to you;
9.1.3. allow us to deliver the products to you or you collect them from us within a reasonable time; or
9.1.4. you do not allow us access to your property within a reasonable time in order for us to carry out our agreed installation works.
9.2. You must compensate us if you end the contract
If we end the contract in any of the situations set out in clause 9.1 we shall refund any money you have paid in advance for products we have not supplied but we may deduct or charge you as reasonable compensation for the net costs we incur as a result of your breaking the contract.
10. IF THERE IS A PROBLEM WITH THE PRODUCT
10.1. How to tell us about problems
If you have any questions about the product, please contact our sales representative that served you or in the case of any complaints, please contact one of our directors by telephoning 01923 – 819308 or by writing to us at our trading address at 258 -260 St Albans Road, Leighton Buzzard, Bedfordshire WD24 4AX or by e-mailing us at firstname.lastname@example.org
10.2 Your legal rights
We are under a legal duty to supply products that are in conformity with this contract. By the Consumer Rights Act 2015 this means they must be of a quality or standard that a reasonable person would consider satisfactory and reasonably fit for their particular purpose. They must match their description (this will be set out in our quotation) and in any pre-contract information that we have provided concerning their main characteristics (for example, our sales brochure or website may contain a specification for the goods or the results to be expected from their use). Goods must also match any samples that we provide or models that we show you (such as the displays in our showroom) unless we inform you about possible differences. If we are providing any design and installation services, they must be performed with reasonable skill and care and the conformity of the goods is assessed in their installed condition. If they do not conform to any of the above, you will have the following rights:
10.2.1. a short term right to reject non-compliant goods within the first 30 days of delivery
If you wish to exercise this right, you must prove that the goods were non-compliant as at their delivery but please note that this right ceases once we commence any installation of the goods. You must indicate to us clearly that you are treating the whole contract as at an end and make the goods available for our collection and at our expense. We shall make a full refund to you within 14 days in the same way as your original payment was made to us. Alternatively, you have the right to reject the non-compliant goods only, leaving the contract in place for the rest that are compliant with any refund being adjusted accordingly. If the goods that you intended to reject are part of a larger unit whose value and character would be affected by division from the rest, (for example, a faulty cupboard in the middle of a wall unit) then you could only reject the whole unit and not just the faulty part.
10.2.2. a right to the repair or replacement of non-compliant products within the first six months
If you choose to exercise this right, it is for us to prove that the product was actually compliant on the date it was delivered or its installation completed and failing that, its repair or replacement shall be carried out at our cost within a reasonable time. It would be your choice as to repair or replacement but it would not oblige us to do one that is impossible or disproportionately more expensive compared to the other or that would be unreasonable to request, bearing in mind the value of the products if they had conformed or if they could not be carried out without significant inconvenience to you.
10.2.3. a right to a price reduction or a final right to reject non-compliant products
If the products still do not conform after one repair or one replacement or it is impossible or would be disproportionately expensive for us to do or we have not done so within a reasonable time and without significant inconvenience to you, then you have the right either to an appropriate refund or to a price reduction (depending upon whether you have made an advance payment) or to a final right to reject (but not a right to both) the whole contract or the part that does not conform (but not to reject any part that does conform). If you exercise a final right to reject the products within six (6) months from the date being the later of their delivery or completed installation as the case maybe, then we shall make a full refund but if the right to reject is exercised after that six (6) month period, the refund may be reduced to take account of its use.
10.2.4. a two year warranty for installation services
During the period of two (2) years following their completion and upon your prior request, we shall make good as soon as practicable at our cost any installation works not performed with reasonable skill and care. Please note that is in addition to your rights set out above but that in the context of clause 10 goods and services would not normally be considered to be failing to conform with the legal requirements to the extent that any need for their repair or replacement arises from: (i) fair wear and tear; (ii) accident, negligence or intentional damage by you or any third party;(iii) unusual storage or working conditions; (iv) your installing, operating or using the products in a manner that disregards in important respects any user instructions supplied or in the case of goods installed by persons other than ourselves, any departure from best practices commonly operated by professional kitchen and bathroom installers; and (v) any alteration, addition or repair carried out by you or a third party.
11. PRICE AND PAYMENT
11.1. Where to find the price for the product
The total price of the product is shown in Part 1 of the Order Form together with its constituent amounts for goods and installation (where applicable). You can check that you are purchasing the correct goods and services from the cross references to the approved quotation (s) that are listed.
11.2. We will pass on changes in the rate of VAT
The price includes vat as at the date of your order. However, if the rate subsequently changes at any time up to the date we actually supply the product to you, then the rate of Vat that you pay will be adjusted accordingly unless you have already paid for the product in full before the change.
11.3. Payment dates and amounts
You must pay for the product on the dates and in the amounts set out upon the payments schedule in Part 2 of the Order Form. Any additional work that you request us to perform that is not covered by your order would be subject to your separate agreement with us.
11.4. Payment methods
Payments to us should be made by inter-bank transfer to our account at HSBC in the name of ‘Venus Property Solutions Ltd’, account number 41528254, sort code 40-28-12 with a reference to our invoice number. Alternatively, payment may be made by debit card and most credit cards (in the case of the latter there will be an additional charge equivalent to 1.5% of the amount paid) and cleared cheques.
11.5. Late payment interest charges
If you do not make any payment to us by the due date, we may charge interest on the overdue amount at the rate of 3% above the base lending rate of HSBC at the time and which shall be added on a daily basis until the date of actual payment, whether before or after judgment by the court.
11.6. What to do if an invoice is wrong
If you think an invoice is wrong, please contact us promptly and we shall not charge you interest until we have resolved the issue and only then charge interest if the invoice proved to have been correct.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1. We are responsible to you for foreseeable loss and damage caused by us
If we fail to comply with these terms, we shall be responsible for any loss or damage you suffer that is a foreseeable consequence of our failing to use reasonable care and skill. Loss is foreseeable if either it is reasonably obvious that it will happen or if at the time the contract was made, we both knew it might happen, for example if you discussed it with us during the sales process. We are not responsible for any loss or damage that is not foreseeable.
12.2. We are not liable for business losses
We only supply products for private domestic use and if you use them for any commercial, business or re-sale purposes then we shall have no liability for any loss of profit, loss of business, business interruption or loss of business opportunity.
12.3. When we are liable for damage to your property
If we are installing the products, we shall make good any damage to your property while doing so, however, we shall not be responsible for the cost of repairing any pre-existing faults.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
13.1. We will only use the personal information you provide to us in order to:(a) supply the products to you;(b) process your payment for the products; and(c) inform you about similar products that we supply, subject to your prior agreement and which we shall stop at any time you request us to do so.
13.2. We will only give your personal information to other third parties where the law requires us to.
14. OTHER IMPORTANT TERMS
14.1 Manufacturer’s guarantees
We shall notify you of any manufacturers’ guarantees offered free of charge to consumers to whom we have supplied products and it will be for you to deal with them direct at any time after delivery.
14.2. Nobody else has any rights under this contract
Unless a person is named as a party to the contract, they shall have no rights to enforce its obligations save for any future owner of your property who proves their ownership and that the benefit of this contract has been transferred to them.
14.3. If a court decides that part of the contract is illegal, the rest will continue in force
Each of the clauses and sub-clauses of these terms operates separately and if any court or relevant authority decides that any of them are unlawful, the remainder will remain in full force and effect.
14.4. Even if we delay in enforcing our rights under this contract, we can still do so later
No failure or delay by either you or us in exercising any right or remedy under the contract or by law shall prevent or restrict its further exercise at a later date.
14.5. Which laws apply to this contract and where you may bring legal proceedings?
These terms are governed by the laws of England and Wales and if there were to be any dispute or claim arising, it shall be settled by the courts of England and Wales.