TERMS AND CONDITIONS
BACKGROUND:
These Terms and Conditions are the standard terms for the provision of services by Addyson Limited
a limited company registered in Scotland under number SC735825, whose registered address is c/o
McCreath Accountancy, Phoenix House, Phoenix Business Park Paisley PA1 2BH.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following
expressions have the following meanings:
“Contract” means the contract for the provision of Services, as
explained in Clause 3;
“Deposit” means an advance payment made to Us under Clause 6;
“Month” means a calendar month;
“Price” means the price payable for the Services;
“Services” means the services which are to be provided by Us to you
as specified in your Order (and confirmed in Our Order
Confirmation);
“Order” means your order for the Services;
“Order Confirmation” means Our acceptance and confirmation of your Order as
described in Clause 5;
“We/Us/Our” means Addyson Limited.
2. Information About Us
Addyson limited registered in Scotland under number SC735825, whose registered address is
c/o McCreath Accountancy, Phoenix House, Phoenix Business Park, Paisley PA1 2BH.
3. The Contract
3.1 These Terms and Conditions govern the sale and provision of Services by Us and will
form the basis of the Contract between Us and you. Before submitting an Order,
please ensure that you have read these Terms and Conditions carefully. If you are
unsure about any part of these Terms and Conditions, please ask Us for clarification.
3.2 Nothing provided by us including, but not limited to, sales and marketing literature,
price lists and other documents constitute a contractual offer capable of acceptance.
Your Order constitutes a contractual offer that We may, at our discretion, accept.
3.3 A legally binding contract between Us and you will be created upon our acceptance
of your Order, indicated by Our Order Confirmation. Order Confirmations will be
provided in writing.
3.4 We shall ensure that the following information is given or made available to you prior
to the formation of the Contract between Us and you, save for where such
information is already apparent from the context of the transaction:
3.4.1 The main characteristics of the Services;
3.4.2 Our identity (set out above in Clause 2) and contact details (as set out below
in Clause 11);
3.4.3 The total Price for the Services including taxes or, if the nature of the Services
is such that the Price cannot be calculated in advance, the manner in which it
will be calculated;
3.4.4 The arrangements for payment, performance and the time by which (or
within which) We undertake to perform the Services;
3.4.5 Where applicable, details of after-sales services and commercial guarantees;
3.4.6 The duration of the Contract, where applicable, or if the Contract is of
indeterminate duration or is to be extended automatically, the conditions for
terminating the Contract;
4. Service
The Services include kitchen wrapping, door replacement, splashbacks, worktop wrapping,
and associated refurbishment works. Kitchen wrapping is a cosmetic refurbishment process
and does not constitute a full kitchen replacement. Minor cosmetic imperfections may occur
and shall not constitute a defect.
5. Orders
5.1 All Orders for Services made by you will be subject to these Terms and Conditions.
5.2 You may change your Order at any time before We begin providing the Services by
contacting Us.
5.3 If your Order is changed, We will inform you of any change to the Price in writing.
5.4 You may cancel your Order within 14 days of placing it in accordance with the
Consumer Contract Regulations 2013, unless you have expressly requested that the
Services begin within this period.
5.5 Where you request that the Services begin within the 14 day cooling off period, you
acknowledge that you will be liable for all work completed and materials ordered up
to the date of cancellation.
5.6 We may cancel your Order at any time before We begin providing the Services due to
the unavailability of required personnel or materials, or due to the occurrence of an
event outside of Our reasonable control. If such cancellation is necessary, We will
inform you as soon as is reasonably possible. If you have made any payments to Us
under Clause 6 (including, but not limited to the Deposit), the payment(s) will be
refunded as soon as is reasonably possible, and in any event within 14 Calendar Days
of Us informing you of the cancellation. Cancellations will be confirmed in writing.
6. Price and Payment
6.1 The Price of the Services will be that shown in Our Quotation in place at the time of
your Order.
6.2 All quotations are valid for 30 days from the date of issue unless otherwise stated.
6.3 Our Prices may change at any time but these changes will not affect Orders that We
have already accepted.
6.4 All Prices include VAT. If the rate of VAT changes between the date of your Order
and the date of your payment, We will adjust the rate of VAT that you must pay.
Changes in VAT will not affect any Prices where We have already received payment in
full from you.
6.5 Before We begin providing the Services, you will be required to pay a Deposit of 25%
of the total Price for the Services. The due date for payment of your Deposit will be
included in the Order Confirmation.
6.6 Where an Order is cancelled after materials have been ordered, prepared, cut or
where labour has been scheduled or carried out, the Deposit shall be non-refundable
and shall be applied towards the Company’s incurred costs.
6.7 In certain circumstances, if your Order is cancelled, your Deposit will be refunded in
full or in part
6.8 Payments shall be made in stages as follows, unless otherwise agreed in writing:
6.8.1 25% deposit on acceptance of the Quotation;
6.8.2 25% on Day 1 of installation;
6.8.3 25% on Day 2 of installation;
6.8.4 25% on completion and sign off.
6.9 If you do not make payment to Us by the due date as shown in/on our Invoice, We
may charge you interest on the overdue sum at the rate of 8% per annum above the
base lending rate of Bank of Scotland from time to time. Interest will accrue on a
daily basis from the due date for payment until the actual date of payment of the
overdue sum, whether before or after judgment. You must pay any interest due
when paying an overdue sum.
6.10 All materials supplied remain the property of the Company until paid for in full.
7. Providing the Services
7.1 We will provide the Services with reasonable skill and care, consistent with best
practices and standards in the industry, and in accordance with any information
provided by Us about the Services and about Us.
7.2 We will begin providing the Services on the date confirmed in Our Order
Confirmation.
7.3 We will make every reasonable effort to complete the Services on time (and in
accordance with your Order). We cannot, however, be held responsible for any
delays if an event outside of Our control occurs.
7.4 The Company may engage sub-contractors for specialist works including but not
limited to, sink and hob installation. The Company remains responsible for the
standard of such works.
7.5 If We require any information or action from you in order to provide the Services, We
will inform you of this as soon as is reasonably possible.
7.6 The Customer must ensure that the work area is clear, accessible, and suitable for
installation. The Company accepts no responsibility for delays or damage arising
from failure to prepare the area.
7.7 Where delays arise due to the Customer’s failure to provide access, information, or
cooperation, the Company shall not be liable for any resulting delay and may charge
additional costs arising from rescheduling, wasted labour, or extended hire of
equipment.
7.8 In certain circumstances, for example where there is a delay in you sending Us
information or taking action required under sub-Clause 6.4, We may suspend the
Services (and will inform you of that suspension in writing).
7.9 In certain circumstances, for example where We encounter a technical problem, We
may need to suspend the Services in order to resolve the issue. Unless the issue is an
emergency and requires immediate attention We will inform you in advance in
writing before suspending the Services.
7.10 If you do not pay Us for the Services as required by Clause 5, We may suspend the
Services until you have paid all outstanding sums due. If this happens, We will inform
you in writing.
8. Completion and Acceptance
Signed completion documentation or confirmation by the Customer shall constitute
acceptance of the Services.
9. Chargebacks
The Customer agrees not to initiate any chargeback or payment reversal without first
engaging in the Company’s complaints procedure. Unauthorised chargebacks shall be
treated as a breach of contract.
10. Warranties
10.1 Installation workmanship is guaranteed for 12 months from the date of completion.
10.2 Manufacturer warranties of up to 10 years apply to supplied materials and are
subject to manufacturer terms.
10.3 Guarantees do not cover damage caused by misuse, neglect, alterations, or third
party works.
11. Problems with the Services and Your Legal Rights
11.1 We always use reasonable efforts to ensure that Our provision of the Services is
trouble-free. If, however, there is a problem with the Services We request that you
inform Us as soon as is reasonably possible.
11.2 We will use reasonable efforts to remedy problems with the Services as quickly as is
reasonably possible and practical.
11.3 We will not charge you for remedying problems under this Clause 11 where the
problems have been caused by Us, any of our agents or employees or sub-
contractors. If We determine that a problem has been caused by incorrect or
incomplete information or action provided or taken by you, sub-Clause 6.6 will apply
and We may charge you for remedial work.
11.4 As a consumer, you have certain legal rights with respect to the purchase of services.
For full details of your legal rights and guidance on exercising them, it is
recommended that you contact your local Citizens Advice Bureau or Trading
Standards Office. If We do not perform the Services with reasonable skill and care,
you have the right to request repeat performance or, if that is not possible or done
within a reasonable time without inconvenience to you, you have the right to a
reduction in price. If the Services are not performed in line with information that We
have provided about them, you also have the right to request repeat performance or,
if that is not possible or done within a reasonable time without inconvenience to you
(or if Our breach concerns information about Us that does not relate to the
performance of the Services), you have the right to a reduction in price. If for any
reason We are required to repeat the Services in accordance with your legal rights,
We will not charge you for the same and We will bear any and all costs of such repeat
performance. In cases where a price reduction applies, this may be any sum up to
the full Price and, where you have already made payment(s) to Us, may result in a full
or partial refund. Any such refunds will be issued without undue delay (and in any
event within 14 calendar days starting on the date on which We agree that you are
entitled to the refund) and made via the same payment method originally used by
you unless you request an alternative method. In addition to your legal rights
relating directly to the Services, You also have remedies if We use materials that are
faulty or incorrectly described.
12. Our Liability
12.1 We will be responsible for any foreseeable loss or damage that you may suffer as a
result of Our breach of these Terms and Conditions or as a result of Our negligence
(including that of Our employees, agents or sub-contractors). Loss or damage is
foreseeable if it is an obvious consequence of the breach or negligence or if it is
contemplated by you and Us when the Contract is created. We will not be
responsible for any loss or damage that is not foreseeable.
12.2 We provide Services for domestic and private use (or purposes). We make no
warranty or representation that the Services are fit for commercial, business or
industrial purposes of any kind. By making your Order, you agree that you will not
use the Services for such purposes.
12.3 If we cause damage to your property while provided the Services, We will make good
such damage at no additional cost. We are not responsible for pre-existing faults,
defects or hidden damage.
12.4 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for
failing to perform the Services with reasonable care and skill or in accordance with
information provided by Us about the Services or about Us.
12.5 Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a
consumer. For more details of Your legal rights, please refer to Your local Citizens
Advice Bureau or Trading Standards Office.
13. Events Outside of Our Control (Force Majeure)
13.1 We shall not be liable for any failure or delay in performing our obligations under this
Contract where such failure or delay results from events beyond our reasonable
control.
13.2 Such events include, but are not limited to: acts of God, extreme weather conditions,
flooding, fire, epidemic or pandemic, war, terrorism, civil unrest, strikes or industrial
disputes, failure of utilities or transport networks, supplier failures, or government
restrictions.
13.3 Where a Force Majeure event occurs, we will notify you as soon as reasonably
practicable and our obligations under this Contract shall be suspended for the
duration of the event.
13.4 We will use reasonable efforts to resume the Services as soon as the Force Majeure
event has ended.
13.5 If a Force Majeure event continues for more than 30 consecutive days, either party
may terminate the Contract in writing. Any payments made for Services not yet
provided will be refunded, subject to deductions for work completed and costs
incurred.
14. Cancellation
14.1 You may cancel your Order within 14 days of placing it in accordance with the
Consumer Contracts Regulations 2013, unless you have expressly requested that the
Services begin within this period.
14.2 Where you have requested that the Services begin within the 14-day cooling-off
period, you acknowledge that you will be liable for all work completed, materials
ordered or prepared, and costs incurred up to the date of cancellation.
14.3 Once the Services have begun, you may cancel the Contract at any time by giving
written notice. In such circumstances, you will remain liable for all work completed,
materials supplied or prepared, and any reasonable losses incurred by the Company.
14.4 If you cancel after work has commenced and the Company’s incurred costs exceed
any payments made, the Company reserves the right to invoice you for the
outstanding balance.
14.5 We may terminate this Contract immediately by written notice if:
14.5.1 you fail to make payments when due;
14.5.2 you breach this Contract and fail to remedy such breach within 14 days of
written notice;
14.5.3 you prevent access to the property or unreasonably delay the Services.
14.6 Upon termination for any reason, any outstanding sums shall become immediately
payable.
15. Communication and Contact Details
15.1 If you wish to contact Us, you may do so by telephone at 0141 459 169 or by email at
hi@kitchenwrapper.com.
15.2 In certain circumstances you must contact Us in writing (when cancelling an Order,
for example, or exercising your right to cancel the Services). When contacting Us in
writing you may use the following methods:
15.2.1 Contact Us by email at hi@kitchenwrapper.com;
16. Complaints and Feedback
16.1 We always welcome feedback from Our customers and, whilst We always use all
reasonable endeavours to ensure that your experience as a customer of Ours is a
positive one, We nevertheless want to hear from you if you have any cause for
complaint.
16.2 If you wish to complain about any aspect of your dealings with Us, including, but not
limited to, these Terms and Conditions, the Contract, or the Services, please contact
Us in one of the following ways:
16.2.1 By email, addressed to Alex McHendrie at, hi@kitchenwrapper.com;
16.2.2 By contacting Us by telephone on 0141 459 1629.
17. How We Use Your Personal Information (Data Protection)
We will only use your personal information as set out in Our Privacy Policy available from
https://kitchenwrapper.com/privacypolicy.
18. Other Important Terms
18.1 We may transfer (assign) Our obligations and rights under these Terms and
Conditions (and under the Contract, as applicable) to a third party (this may happen,
for example, if We sell Our business). If this occurs you will be informed by Us in
writing. Your rights under these Terms and Conditions will not be affected and Our
obligations under these Terms and Conditions will be transferred to the third party
who will remain bound by them.
18.2 You may not transfer (assign) your obligations and rights under these Terms and
Conditions (and under the Contract, as applicable) without Our express written
permission.
18.3 The Contract is between you and Us. It is not intended to benefit any other person
or third party in any way and no such person or party will be entitled to enforce any
provision of these Terms and Conditions.
18.4 If any of the provisions of these Terms and Conditions are found to be unlawful,
invalid or otherwise unenforceable by any court or other authority, that / those
provision(s) shall be deemed severed from the remainder of these Terms and
Conditions. The remainder of these Terms and Conditions shall be valid and
enforceable.
18.5 No failure or delay by Us in exercising any of Our rights under these Terms and
Conditions means that We have waived that right, and no waiver by Us of a breach of
any provision of these Terms and Conditions means that We will waive any
subsequent breach of the same or any other provision.
19. Governing Law and Jurisdiction
19.1 These Terms and Conditions, the Contract, and the relationship between you and Us
(whether contractual or otherwise) shall be governed by and construed in
accordance with the law of Scotland.
19.2 As a consumer, you will benefit from any mandatory provisions of the law in your
country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your
rights as a consumer to rely on those provisions.
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