1. Interpretation
1.1 The following Conditions shall apply to all contracts concluded by Riley James Ltd, trading as shopkitchensonline. Company Reg Number: 8721590. Trading address: 299c Westward Road, Ebley, Stroud, Gloucestershire. GL5 4TX.
In these Conditions, the following words shall have the following meanings; The Seller and We shall mean Riley James Ltd. The Goods shall mean the products which are supplied by the Seller in accordance with these Conditions. The Buyer shall mean the person, firm or company entering into the Contract to purchase the Goods from the Seller. Writing includes e-mail or post.
1.2 The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. Basis of the Sale
2.1 The Seller shall sell and the Buyer shall purchase the Goods in accordance with any order acknowledgement provided by the Seller to the Buyer, subject to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions, even though a buyer might seek to impose other Conditions submitted later which purport to exclude or supersede any Conditions contained herein.
2.2 No variations of these Conditions are permitted unless expressly permitted by a Director of the Company or other authorised person in Writing.
3. How to place order
3.1 You can use our website to place an order by following the online order process and selecting the product you wish to buy. Items you do not require can be removed from your basket at any time.
3.2 Any carriage charges will be shown prior to you placing your order.
3.3 You will be required to pay for the goods in full at the time of ordering.
3.4 We use secure payment facilities for online purchases. You can pay for your order by Visa/Electron, Mastercard/Maestro or Amex. You may also pay via a Bank Transfer, please ask us for more details if this method is preferred. We do not accept Cheques for our website orders.
3.5 Any promotional prices will only apply during the promotional period stated.
3.6 All prices quoted on our website are in UK pounds and include Value Added Tax at the current rate.
3.7 Once your order has been confirmed, any alterations to the order may incur additional charges or delays.
3.8 Once your order is complete, we will notify you of the dispatch date.
4.0 Making a contract with Riley James Ltd
4.1 When you confirm an order with us, you are making an offer to purchase goods. We will always send you an e-mail to confirm that we have received your order.
4.2 Once your order has been reviewed, we will e-mail you again to confirm that we accept your order, and that a contract has been made between us.
4.3 In the unlikely event that we are unable to provide the goods, if they are no longer available, or that we have made a pricing mistake, we will advise you of this. You will not receive an e-mail confirming acceptance of your order, and there will be no contract between us.
4.4 Images of products on this website are for illustrative purposes only. Your goods may vary slightly from the image shown on the website and will not include any of the pictured accessories, unless stated in the specification of the goods. Whilst goods may be shown assembled they may require assembly by you. If you are placing a large order, or are trying to match an existing item, we strongly recommend that a sample is requested to save any disappointment.
4.5 We have made every effort to display as accurately as possible the colours of our products that appear on this website. However, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the actual goods. If you are placing a large order, or are trying to match an existing item, we strongly recommend that a sample is requested to save any disappointment.
4.6 Whilst we try to be as accurate as possible, all information provided is approximate and is provided in good faith.
4.7 This contract is covered by English law.
4.8 By placing an order with us, you agree to and accept these terms, as well as our privacy policy and the terms of website use.
5. Delivery and Carriage Charges
5.1 Goods will normally be dispatched from our warehouse within 11-15 working days and any estimated dispatch date provided by us is an estimate, which can change without notice.
5.2 We will normally deliver goods within 1-2 working days of dispatch.
5.3 Although every effort will be made to deliver all ordered items in one delivery, your order may arrive in multiple deliveries. If this is not practical, please let us know at the point of order or as early as possible. We will always endeavour to meet our customers’ requirements where practicably possible.
5.4 We can deliver our products anywhere in mainland Great Britain and Republic of Ireland. Unfortunately, we do not deliver to the Channel Islands or the Highlands/Islands of Scotland, however we are able to deliver to a mainland courier company on your behalf for onward shipping.
5.5 We will deliver the goods to the premises you specify on your order. You must be at home to accept delivery of your order, which is normally between 9:00am and 6:30pm Monday-Friday. We will not accept responsibility for loss or damage if you instruct the delivery company to leave the goods unattended or enter any agreement directly with the delivery company or driver. The Seller reserves the right to make delivery of the Goods by instalments. Failure by the Seller to deliver the Goods in a single instalment constitutes no right on the Buyers behalf to repudiate any part of the Contract.
5.6 Most of our products are relatively weighty items and you may be required to assist the driver in offloading your order.
5.7 Disposal of packing materials is your responsibility.
5.8 After any failed delivery attempts (or if you are not at home for an agreed delivery) the goods may be returned to the factory and we reserve the right to charge you an additional re-delivery charge.
5.9 If you change the delivery address once the goods have been dispatched to you, we reserve the right to pass on any extra charges made by our carriers for redirecting your delivery.
5.10 Please check the goods on delivery – any goods found to be missing or damaged should be notified to the delivery driver at the time of delivery or ourselves within 24 hours.
5.11 If the goods are lost or damaged in transit, please let us know promptly.
5.12 Deliveries are made to a ground floor entrance only and on the condition that there is reasonable access for the safe and prompt delivery of the goods. You should tell us about any special delivery requirements or conditions when you place your order.
5.13 Sometimes, for reasons beyond our control we may be prevented from delivering your goods as planned. These might include things such as accidents, breakdowns, fire, flood, storm, severe weather, acts of god, war, riot, civil commotion, malicious damage or the default of our suppliers. We will try to put things right as soon as possible however we can’t be responsible where this causes a delay or failure in delivering your goods.
5.14 Time is not the essence of the contract unless expressly stated otherwise in writing by a Director of the Company.
5.15 Some bulky or heavy items will be a ‘kerb side delivery’ only. In these instances, it will be the buyer’s responsibility to unload and/or move the delivery from where the driver establishes the safest place for them to sensibly leave the delivered goods. The buyer must also be aware that many of the delivery vehicles are large goods vehicles, so the buyer must advise the company prior to delivery if there are any delivery restrictions that could impede the delivery or the goods vehicle making the delivery. This could be a narrow road, or the property being elevated from the main highway to the property. If the delivery driver deems the access to be unsuitable or unsafe to make the delivery the company holds no responsibility of a failed delivery, unless the customers has already advised of the potential issues.
6. Cancellation and returns
6.1 This policy does not apply to goods ordered by businesses which are exempt from the Distance Selling Regulations, or the following goods which are exempt from the right to cancel.
Any items which have been personalized or modified to your specification, such as doors made to non standard sizes (sizes which do not appear on our price list), colours/styles outside of the options listed on our website, or any door which you have asked us to drill for hinge holes.
6.2 You can cancel your contract at any time up to 14 days after the day of delivery. To do this, please e-mail, fax or write to us. We are unable to accept cancellations by phone.
6.3 You do not have to give any reason for cancellation. However, a brief explanation will help us to improve the service we offer to customers in the future.
6.4 If you cancel, you must return the goods within 14 days of cancellation, complete with the original packaging to us and/or our supplier (or any other UK address specified by the company), at your own expense. You must ensure that the goods are packaged adequately to protect against damage. Any damages will incur a charge to cover any damaged items.
6.5 You may properly examine the goods for 14 days as you would do had you visited the showroom; however, you may not return any goods that have been installed unless they are faulty.
6.6 If you fail to return the goods, we will collect them, and we will charge you the direct cost of collection. If you fail to take reasonable care of the goods before they are returned to us, and this results in damage or deterioration, we will charge you for the reduction in value.
6.7 We will refund all monies paid to us by you including any postage / carriage within 14 days, less any costs due under this contract.
6.8 Business customers, or customers exempt from the distance selling regulations may not cancel an order without our mutual agreement.
This cancellation policy does not affect your legal rights – for example, if goods are faulty or mis-described.
7. Guarantee and Faulty Goods
7.1 If there is a problem with the goods, please notify us by email or in writing providing details of the problem. It’s helpful if you can provide us with a digital photograph of the problem as this normally saves you having to return the goods for inspection. We will deal with the matter in accordance with your legal rights.
7.2 All goods are covered by a manufacturer’s warranty against faulty workmanship and materials, subject to the terms and conditions of that warranty.
7.3 The manufacturer’s warranty is provided in addition to the rights that the law says you have as a consumer and accordingly, your statutory rights are not affected.
7.4 If an exchange is necessary, this will be arranged without unreasonable delay and without charge. Replacement goods will not be dispatched until the original goods have been received at our warehouse and checked.
The cost of returning goods to us is your responsibility, however on inspection we will refund your reasonable postage costs, providing that the goods are found to be faulty. If the goods are not faulty, we will return them to you, however you will be required to cover our reasonable postage costs.
7.5 Doors, drawers, and colour matched accessories from our Bella and Zurfiz ranges are guaranteed against materials and workmanship defects for a period of 6 years
7.6 Doors should be cleaned in accordance with our care and maintenance instructions.
7.7 Items situated below a sink, covering a dishwasher, washing machine or other similar appliance should be protected against excessive water contact
7.8 Items located near any source of heat or steam should be protected either by heat deflectors or other suitable protection.
7.9 Within this time scale we will replace defective goods free of charge, at our discretion, providing that you have returned to us any faulty goods upon request.
7.10 Other items such as hinges, handles and drawers are guaranteed for 1 year from the date of delivery. Within this time scale we will replace defective goods free of charge.
7.11 If an item is no longer available, we will offer an alternative. However our liability will be to replace the faulty goods only and we are unable to guarantee an exact match. In this instance you will have the option of a refund.
7.12 Where we replace faulty goods you are responsible for their disposal if they have not previously been returned to us.
7.13 We are unable to guarantee and exact colour match due to the nature of the product.
7.14 All products are manufactured within tolerances of +/- 1.5mm.
7.15 The manufacturing process and materials used in the production of frame (glazed) doors means that we are unable to guarantee that the vinyl will always be pushed tightly into the internal corner of the frame. This is not a manufacturing fault, and can only be seen from the back of the door. This does not affect the performance or guarantee of the product.
8. Liability
8.1 The products sold on this website have been designed to comply with all relevant UK legislation. We cannot warrant or represent that they comply with any legal requirement outside the UK.
8.2 We do not accept liability for any consequential loss of profit or indirect losses. You should therefore not book installation of the goods until you have received them and inspected them.
8.3 The Seller shall not be liable for any indirect, incidental, consequential loss arising out of the Contract or the performance or any use of the Goods or Services.
8.4 Nothing in clause 8 shall be deemed to exclude or restrict the Sellers liability for death or personal injury resulting from the Sellers negligence.
8.5 The price shall be affected by any material changes that you request, or which are agreed provided for herein, even if we were advised of the possibility of such damages.
8.6 The maximum liability of the Buyer or the Seller under any Contract between the Buyer and the Seller is limited to the price.
8.7 This clause only covers defects caused by faulty design, manufacture, materials or workmanship. It does not cover defects caused by abnormal use, misuse or neglect. It does not cover faulty design, manufacture materials or workmanship supplied or undertaken by the Buyer or third parties. In respect of goods not designed or manufactured by the Seller, the Seller only gives such guarantee or warranty to the Buyer as the Company itself receives. The Seller agrees that if any defect covered by clause 8.7 is discovered during the period of twelve months commencing from the date of despatch, the Seller will either repair the Goods at its own expense or, if it chooses to do so, replace them. The Seller does not bear any responsibility for defects arising or introduced by a Buyer during storage or handling of the products where that Buyer acts as an agent or distributor of the Seller’s products.
8.8 The Buyer should consult the Seller if any doubt exists regarding the appropriate storage or handling requirements of the Goods. The Buyer must inform the Seller of any defect applicable to this clause within 3 working days of discovery. These Goods are to be returned to the Seller, at the Buyers expense in the same fit state as the Goods were delivered to the Buyer. The risk of accidental loss while the Goods are being returned will be borne by the Buyer. In consideration for receiving the benefit of this clause, the Buyer agrees that, apart from those terms set out in Clauses 7, no other terms, conditions, warranties or innominate terms, express or implied, statutory or otherwise, shall form part of this Contract.
8.9 Exclusion of Consequential Loss the Seller shall not be liable for any consequential or indirect loss suffered by the Buyer whether this loss arises from breach of duty in Contract or in any other way (including loss arising from the Seller’s negligence). Examples of consequential or indirect loss are, but not limited to: loss of profits, loss of contracts, damage to property of the Buyer or anyone else, and personal injury to the Buyer or anyone else (except when such injury is attributable to the Seller’s negligence).
8.10 Limitation the Seller’s total liability for any one claim or for the total of all claims arising from any one act or default of the Seller (whether arising from the Seller’s negligence or otherwise) shall not exceed £1,000,000.
9. Trade or Business Customers
The following conditions apply to orders placed by Trade or Business Customers.
9.1 Orders may not be cancelled except with our mutual agreement and having been confirmed in writing by a Director or our company. We reserve the right to make cancellation and/or re-stocking charges.
9.2 Claims for missing or damaged items must be made within 2 days of delivery.
10. Retention of Title
10.1 Ownership of all Goods sent to the Buyer remains the Seller’s and will not pass to the Buyer until one of the following events occurs: We are paid for all Goods and Services supplied to you by us and no other amounts are owed by you to us in respect of other Goods and Services supplied to you. Where Goods are attached to or incorporated in other Goods or are altered by you, ownership of Goods shall not pass to you purely by virtue of the attachment, incorporation or alteration if the Goods remain identifiable and, where attached to or incorporated in other Goods, can be detached or removed from them.
10.2 The Buyer must store the Goods away from any other Goods until they become your property in accordance with these terms.
10.3 You must allow the Seller or the Sellers agents’ entry onto your premises for the purposes of exercising our rights under these Terms. If necessary, you must allow us to detach or remove Goods from any other goods. This does not affect any other rights you may have.
11. Lien and Stoppage
Until the title in the Goods has passed to the Buyer the Seller has the right to withhold delivery if the Buyer (being a Company) has a petition presented for its winding-up or for an administration order under the Insolvency Act 1986 or passes a resolution for voluntary winding-up other than for the purposes of a bona fide amalgamation or reconstruction or compounds with its creditors or has a receiver appointed of all or part of its assets or (being an individual) becomes bankrupt or insolvent or enters into any arrangements with creditors or takes or suffers any similar action in consequence of debts or carries out or undergoes any analogous act or proceedings under foreign law.
12. Delay or Failure to Perform
12.1 The Seller shall not be held liable to the Buyer if the Seller is prevented or delayed in the performance of any obligations to the Buyer if this is due to any cause beyond the Seller’s reasonable control, for example but not limited to: An act of God, explosion, flood, fire or accident. War or civil disturbance. Strikes, industrial action or stoppages of work. Any form of government intervention. A third-party act or omission. Failure by the Buyer to provide the Seller with a correct e-mail or delivery address or notify us of any change of address or inform us of any highway restrictions preventing delivery to the Buyer. Shortage of materials, labour, or manufacturing facilities.
12.2 Should the Seller be prevented from delivering in the above circumstances, it shall give the notice of this fact as soon as reasonably practicable.
12.3 If the circumstances preventing delivery are continuing three months after the Buyer receives the Seller’s notice, then either party may give written notice to the other cancelling the Contract.
12.4 If the contract is cancelled in this way, the Seller will refund any payment which the Buyer has already made on account of the price (subject to deduction of any amount the Seller is entitled from the Buyer) but the Seller will not be liable to compensate the Buyer for any further loss or damage caused by failure to deliver.
13. Copyright
All information contained herein alongside any other information provided to the Buyer remains the intellectual property of Riley James Ltd. Any use of these trademarks, literature, images is strictly prohibited unless expressly permitted in Writing by a Director of the company or an authorised representative.
14. Notice
Any notice to be given hereunder shall be in Writing and shall be deemed to have been duly given if sent or delivered to the party concerned at its address specified herein or such address as the party may from time to time notify in Writing and shall be deemed to have been served, if sent by post, 48 hours after posting.
15. Law and Jurisdiction
The contract shall be governed by and construed in accordance with the laws of England and Wales.
17. Assignment
Neither the Seller nor the Buyer shall assign or transfer or purport to assign or transfer the contract or the benefits thereof to any other person without the prior written consent of the other.
17. Waiver
No waiver by the Seller of any breach of these conditions shall constitute a waiver of any other breach. No failure by the Seller to exercise any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
19. Privacy
19.1 Whilst the Seller has taken every precaution in the preparation of this website and all other relevant information provided to the Buyer, this information is supplied for the Buyer’s general guidance only, and the particulars contained therein shall not constitute representations by the Seller and the Seller shall not be bound thereby.
19.2 Images, descriptions and sizes refer to patterns and specifics of all Goods as made at the time of publication. In view of continued improvements and variations in availability of materials, the right is reserved to supply Goods of similar quality which may not correspond exactly with the particulars given.
19.3 Riley James Ltd do not disclose any customer information to third parties, except for Goods delivery purposes. Cookies are used on this site to enable Customers to use the Shopping Cart, process Customer Orders and to store Customer details.
19.4 We do not store credit card details, nor do we share financial details with any 3rd parties