TERMS OF SERVICE
About these Terms and Conditions
These terms and conditions below, which includes any hyper-linked sections e.g. terms and conditions of using this website, supply and install terms and conditions, privacy terms, govern your on line dealings with KITCHENS4U and using our website. Please read them carefully before using our website. They do not affect your statutory rights.
Manvin Kitchens Limited is a Irish registered limited liability company (669022) with its registered office at Unit 45, Grange Avenue, Baldoyle Industrial Estate, Baldoyle, Dublin 13. Eircode D13 X924. Manvin Kitchens Limited is trading as KITCHENS4U.
These general terms and conditions and the policies may change from time to time so please check these terms and conditions each time before making any purchase.
Using our website
These terms and conditions are specific to using our website.
Information and images on our website
We try our best to make sure that all information on our website, including descriptions of our products and listed prices are accurate at all times. However, if we do make a mistake we’ll try to resolve it as soon as possible, and if we spot that an error has affected your order we’ll do our best to let you know.
When browsing our website the colours of products may vary depending on a few factors in your display settings.
Pictures and images on our website are for illustration purposes only. We will take reasonable steps to display as accurately as possible the colours, appearance and other detailing of our products in the images that appear on our website. However, we do not guarantee that the images, appearance and other detailing that appear on the website will exactly reflect the colour, appearance or detailing of the physical product. Your products may vary slightly from those images. For an accurate description of any product and details of what is included with the product, please read the product description or telephone us on 01- 806 3445 or 01- 8167518 or email us at firstname.lastname@example.org
Any information on our website regarding sizing, weights, capacities, specifications, dimensions and measurements of products is included as a guide only. If you are concerned about the precise size, weight, capacity, specifications, dimensions or measurements of any product you require, we recommend that you telephone us on 01- 806 3445 or 01- 8167518 or email us at email@example.com prior to placing an order and/or purchasing a product.
Products Made to Measure
PLEASE NOTE: If your order includes products that are made according to measurements you provide us, please ensure these measurements are correct and accurate as your right of return will not be available unless the products are faulty or incorrectly delivered.
Where we agree to provide a specifically designed plan as part of or in connection with your order, you will be responsible for checking the accuracy and suitability of the plan and ensuring it meets your requirements before placing an order. Any such plan is, and remains, our property and may not be reproduced in whole or in part without our prior written consent. You may purchase this plan for €250.00. Any such plan may only be used by you in connection with a quotation or order for products and/or services from us and/or the provision of products and/or services by us to you. You are responsible for checking that the details of the plan, and any resulting quotation, are complete, accurate and meet your requirements before committing yourself to an order.
Unless otherwise stated, prices stated for products are exclusive of VAT and delivery charges. VAT will be calculated before payment at check-out.
Please see our delivery information page for delivery charges.
We may update prices at any time. Despite our best efforts, some of the products we sell may occasionally be mispriced. If this happens then we will not be obliged to supply the products at the incorrect price or at all. We will (at our discretion) either cancel your order and refund the price you have paid or endeavour to contact you and ask you whether you wish to continue with the order at the correct price. If we are unable to contact you or you do not wish to continue with the order at the correct price, we will cancel your order and refund the price you have paid.
All products displayed are subject to availability and so we may not be able to supply your order. In unforeseen circumstances and with or without notice we may have to stop selling products through either temporarily or permanently.
We will not be liable for any losses you sustain as a result of updating or modifying our website.
Site survey service
We offer a site survey service. If we carry out a site survey and you subsequently cancel your order you will be charged €300.00 for the cost of the survey. This will be deducted from any amounts you have paid for the products.
Eligibility to order products
You can only purchase from us if you are aged 18 or over. You will need an active email address and a telephone number so that we can easily contact you.
Domestic use only
All products sold through our online shop are intended for domestic use only: products are not suitable for commercial or industrial use unless expressly stated.
Your online account
Please make sure that your login details, password and all your other account details remain confidential at all times. If you use our website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorized person from using your account. You agree to accept responsibility for all activities that occur under your account or password. If you know or suspect that the security of your account is at risk, you should immediately telephone us on 01- 806 3445 or 01- 8167518 or email us at firstname.lastname@example.org and you should also log into your account and change your password.
We will do our best to check our website for viruses but we do not warrant that the website is free of viruses or other malicious content.
Shopping with us
Each order you place and purchase you make from KITCHENS4U is subject to these terms and conditions, our delivery terms (where relevant), and any additional terms that apply to any quote we may give.
Your agreement with us
Your order is an offer to purchase from us. When you place an order with us you do so in accordance with the terms of our agreement, subject to our acceptance of your order. When you place an order via our website we will send you an email acknowledging receipt of your order, together with your order number and details of the products you have ordered. Please note this email is an acknowledgement and is not an acceptance of your order.
Unless we have notified you that we do not accept your order or you have cancelled it in accordance with our returns policy, we accept your order as follows:
a. where you place an order via our website we accept your order when the products are despatched to you or at the point the products are collected by you in store (as the case may be);
b. where you place an order via our website for products which are cut, made to measure or mixed to your requirements, or otherwise customised or made to your specifications, we accept your order seven days after the date of your order or when we start to cut, make, mix or customise those products, whichever is earlier; and
c. when you place an order by telephone, we accept your order when we confirm that the order has been placed and processed.
We may choose not to accept your order (or part of an order) for any reason and we will not be liable to you or to anyone else in those circumstances. If we do not accept your order we will refund any monies paid in connection with that order (or that part of the order that we do not accept).
You can pay with all major credit and debit cards.
We will take payment from your card at the time you place your order. Taking payment does not mean we have accepted your order and if for any reason we are unable to accept your order we will provide you with a full refund within 14 days.
The total cost of your order is the price of the products and applicable delivery charges.
If you use a credit/debit card to pay for your order, you must use your credit/debit card that you are authorised to use. All credit/debit card holders are subject to validation checks by third parties and authorisation by the card issuer. If the issuer of the card refuses to authorise payment or any other validation checks return adverse results, we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
We are not responsible for the card issuer or bank charging the cardholder as a result of our processing of the credit/debit card payment in accordance with your order.
Security of your credit card
Card payments are not processed through pages controlled by us. We use Bank of Ireland Payment Acceptance as our online payment service provider who will encrypt your card or bank account details in a secure environment. https://www.boipa.com/our-solutions/online-payments/
Delivery general terms
About these terms
If you have any further questions please visit our delivery information page.
We sub-contract our delivery service to trusted transport service providers, however, we’ll always remain responsible for the performance of the delivery service.
For more details of our delivery fees, please see our delivery information page.
We aim to deliver your online order within 14 days of purchase, depending on stock availability and the delivery address. We will deliver your order within 30 days of the order date unless otherwise agreed between us.
We will try our best to meet the delivery date, however there may be times where we are unable to do this and your confirmed delivery date will be different. We would advise you not to make any plans to accept your delivery, for example booking time off from work, until we have confirmed the date with you. If you will not be available, please request a different delivery date as soon as possible and no later than 48 hours before the planned delivery date by telephoning us on 01- 806 3445 or 01- 8167518 or emailing us at email@example.com
Changing the date of delivery
If you would like to change your delivery time or date, please telephone us on 01- 806 3445 or 01- 8167518 or email us at firstname.lastname@example.org
Our liability for delivery
In the event of any unforeseen circumstances (such as lorry breakdown, traffic accident, major traffic delays or severe weather) we will do our best to contact you to rearrange an alternative delivery timeslot or date. We will not be responsible for any losses (including loss of revenue, profits, anticipated savings, goodwill or business opportunity, for any injury to your reputation) incurred due to a delay in delivery arising out of any cause beyond our control.
Before the delivery, please ensure that there is sufficient access and space and that any staircases and lifts providing access are suitable for the delivery. Please move fragile objects which could be damaged during the delivery, such as lights, vases, and pictures.
Our delivery staff do not carry any specialised lifting equipment and they will not lift or carry the products into your room of choice without assistance from you or another adult. It is your responsibility to ensure that an able bodied adult is present at time of delivery to assist in the lifting of your products.
Every effort will be made to deliver the products to your room of choice, provided it is safe and practical to do so. However, if our delivery staff believe it is unsafe to deliver the products to this room, then an alternative room will be agreed with you where possible. If our delivery staff consider that delivery to the room of your choice is likely to cause damage to the products or to the property, they will let you know and record the concern on a delivery document. You can still accept the delivery but we will not be liable for any damage caused to the products or the property. However, our delivery staff will take reasonable care when delivering the products.
Our delivery staff are not permitted to and will not: remove doors, windows, doorframes etc. in order to complete the delivery. You must arrange this before the delivery takes place. Our delivery staff do not carry any specialised lifting equipment and will not unpack or assemble delivered products or remove any packaging. Our delivery staff will not remove their footwear whilst making deliveries. If you are concerned about possible damage to flooring, please make sure you cover the flooring with protective sheets.
Important delivery information
When you arrange your delivery, we will ask you to provide certain information. This information will be recorded on the delivery document and the delivery will take place at the delivery address you specify. If you provide us with incomplete, incorrect or inaccurate information or instructions, we may cancel the delivery by giving you written notice.
We may deliver the product in instalments if they are not all available at the same time for delivery.
You are responsible for ensuring that you are available to accept delivery. If you are not, there must be an adult aged 18 years or over available who is capable of receiving delivery on your behalf, and you agree that we can rely on their instructions as if they were your own.
You are responsible for ensuring that an able bodied adult is present at time of delivery to assist our delivery staff in lifting the products.
Our delivery staff are not permitted to leave any products that have not been signed for. If you are not at home at the agreed time for delivery and collection our service partner will try to contact you to make another appointment. Please note that this will result in a new service order and is therefore chargeable.
On delivery, you will be asked to examine the products, check the condition of the packaging and whether the correct number of packages have been delivered and be asked to sign the delivery document confirming this. If there are any issues, you should record this on the delivery document. Missing products will be re-ordered and damaged/incorrect products will be returned and replaced and delivered free of charge. This will not affect your legal right to notify us within 5 days after delivery of your products if you find a defect in your products. If you refuse to sign the delivery document, this will be taken as refusal to accept delivery.
Damaged items on delivery
You are asked to examine and check the condition of the product at time of delivery. If items within packaging are faulty or damaged, please notify the delivery driver who will seek to resolve this. If you notice any damage to items following delivery, Please telephone us on 01- 806 3445 or 01- 8167518 or email us at email@example.com as soon as possible after delivery and no later than 5 days after delivery of your product. Please keep any damaged product so that we can inspect it at a later date. If you dispose of any damaged product before we have had the opportunity to inspect it, then this could affect any claim. We will always attempt to replace any damaged product. However, if we are unable to do so we will refund you with the full amount you have paid for the product(s) together with any relevant delivery charges. Nothing in these terms affect your consumer rights.
Returns and Cancellation
Your right to cancel
Under the European Union Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel your order within 14 days from when we have accepted your offer to purchase from us without giving any reason.
The cancellation period will expire 14 days after we have accepted your offer of purchase ie. when our agreement is made. That means you can cancel before we have delivered your purchase to you.
Your right to cancel is subject to the limitations and exclusions set out in these Terms and Conditions.
PLEASE NOTE THAT MOST OF OUR PRODUCTS ARE MADE TO MEASURE AND YOUR RIGHT TO CANCEL DOES NOT APPLY TO THESE ORDERS. YOUR CONSUMER RIGHTS ARE UNAFFECTED.
Please telephone us on 01- 806 3445 or 01- 8167518 or email us at firstname.lastname@example.org
How to cancel
To meet the cancellation deadline, it is enough for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
To exercise the right to cancel, you must inform us of your decision to cancel your agreement by a clear statement, sent to us by post at KITCHENS4U, Unit 45 Grange Avenue, Baldoyle Industrial Estate, Dublin 13. Eircode D13X924 or e-mail email us at email@example.com. or telephone us on 01- 806 3445 or 01- 8167518.
You may use the sample cancellation form below or you can use your own words as long as your intention to cancel is clear.
sample cancellation form
To: KITCHENS4U, Unit 45 Grange Avenue, Baldoyle Industrial Estate, Dublin 13. Eircode D13X924
I/We hereby give notice that I/we cancel my/our agreement of sale of the following products [enter details of goods and any reference].
Ordered on [date]/received on [date],
Name: [enter name or names in which the order was made],
Address: [enter your address],
Signature: (only if this form is notified on paper)
Cancellation and Refund
KITCHENS4U will provide a refund for product(s) returned with the original proof of purchase, in new and unused condition and with the original packaging. You are responsible for any costs incurred in the returning of the product(s) unless the product is faulty or not as described. KITCHENS4U will refund the price paid for the goods via the original payment method.
You must arrange for the return of the product(s) as soon as possible and in any event not later than 7 days after the day on which you cancel your order. If you do not have the means to return the product we will arrange collection during normal business hours (Monday to Saturday) if requested. In such circumstances, a charge of no more than €50.00 will be made to cover the cost of collecting and returning the product.
To receive a refund for an online order, the product(s) in question must be in a resaleable, 'as new' condition and be in their original, undamaged packaging.
Where a product is out of its packaging or the seals are broken, a restocking charge of 30% will be applied.
Where we have conducted a site survey a charge of €300.00 will be deducted from your refund.
You must keep the product(s) you wish to return in your possession and take reasonable care of the product(s) at all times while they are in your possession. This means that you must not use the products (except to the extent reasonably necessary to inspect and examine them).
There are certain circumstances, where at our sole discretion we are not able to accept returns, cancel orders or offer a refund unless the product(s) is faulty (or unless there is any other breach of your statutory rights). These exclusions are as follows:
where you do not have proof of purchase;
where the product(s) are returned without full packaging;
where the product(s) are not returned in a saleable condition;
where the products were cut, made to measure or mixed to your requirements, or otherwise customised or made to your specifications unless they are faulty; and
where the products has become mixed inseparably with other items after delivery or collection (which may be the case where the products are installed).
YOUR CONSUMER RIGHTS ARE NOT AFFECTED
Faulty or damaged products
On receipt of the products you must check they match your order. If there is any problem, or if they are defective or damaged you must notify us within 5 days of receiving your product. Claims may be reduced or rejected if we have not been given an opportunity to put matters right.
In addition to the right to cancel an order as described above if there is a problem with your order or the product(s) you purchase is(are) faulty, we may offer a repair, exchange or refund as appropriate in accordance with your consumer rights.
To notify us of faulty or damaged products please telephone us on 01- 806 3445 or 01- 8167518 or email us at firstname.lastname@example.org.
If you are acting as a consumer
If you are acting as a consumer (which for these purposes means anyone who acts outside the course of a business, trade or profession) in your ordering and/or purchasing of products, to the extent not prohibited by law, we accept no liability for any:
a. loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our agreement);
b. loss which arises when we are not at fault or in breach of our agreement; and
c. business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses).
d. If you are acting as a consumer, you may have certain legal rights regarding claims in respect of losses caused by our negligence or failure to carry out our obligations. Nothing in our agreement is intended to limit your legal rights as a consumer. For further information about your legal rights you can contact your local authority Citizens Advice Bureau.
If you are acting as a business customer
If you are acting in the course of a business, trade or profession in your ordering and/or purchasing of our products (a business customer), we shall have no liability to compensate you (whether in contract, tort (including negligence), breach of statutory duty or otherwise), other than any refund we make under our agreement or otherwise at our discretion.
Without prejudice to the statement above if you are acting as a business customer in your ordering and/or purchasing of products, we accept no liability (whether arising in contract, tort (including negligence), for breach of statutory duty or otherwise) for any of the following losses:
a. loss of profits, revenue, sales, income, or business;
b. loss of savings;
c. loss of use or production;
d. loss of goodwill;
e. business interruption;
f. subject to our terms governing faulty products remedial costs if the products are damaged or defective;
g. damage to property or possessions through use or misuse of the products;
h. loss caused by delay or other late performance; and
i. indirect or consequential losses.
If you are acting as a business customer in your ordering and/or purchasing of products, you acknowledge and agree that all our obligations to you are set out in our agreement.
If you are acting as a business customer in your ordering and/or purchasing of products, except as set out in our agreement, all other terms, warranties, representations and conditions implied by statute, common law or otherwise (including fitness for purpose) are excluded to the fullest extent permitted by law.
Subject to the liability statement below we will not be responsible to you or, if you are undertaking work for another person, to any other person, for the use or installation of any products by you (or on your behalf). Accordingly, as a business customer, you hereby agree to hold us harmless, and indemnify us, against any liability associated with any claim or allegation that we are responsible for any failings in the installation or use of products that we supply.
Liability provisions that apply whether you act as a consumer or business customer
Nothing in our agreement limits or excludes our liability for fraud or fraudulent misrepresentation, death or personal injury caused by our negligence or for any other liability which cannot be limited or excluded by law.
Our Website or catalogues provided may contain information and materials created and submitted by third parties, and, subject to our terms on faulty product we exclude liability for all losses arising from any error, omission or inaccuracy in any such information and material.
Our right to cancel
We may cancel our agreement by notice in writing to you if you are in breach of our agreement, you become unable to pay your debts when they fall due or proceedings are or are reasonably likely to be commenced by or against you alleging bankruptcy or insolvency or an administrator, receiver or administrative receiver is appointed or is reasonably likely to be appointed over all or part of your undertaking and assets. Upon cancellation, any money due to us in respect of our agreement which has been cancelled shall become immediately due and payable and we shall be under no further obligation to supply products to you, provided that where you have paid for products in advance of our cancellation of our agreement, we shall, at our discretion, supply those products to you or cancel the supply of those products and refund you the price paid for those products.
Events beyond our control
We shall have no liability to you for any failure or delay in supply or delivery, nor if performance of any of our obligations is prevented or restricted, nor for any damage or defect to products supplied or delivered under our agreement, in each case that is caused by any event or circumstance beyond our reasonable control (including, without limitation, the following to the extent these are outside our reasonable control: accidents, extreme weather conditions, pandemics, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition of restrictions on imports or exports).
You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by us. Manvin Kitchens Limited reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
In the event you have a complaint regarding a product you purchased from us please telephone us on 01- 806 3445 or 01- 8167518 or email us at email@example.com.
In the unlikely event that we are unable to resolve your complaint, and you are still not satisfied following the conclusion of our complaints handling procedure, you may refer your complaint to the Competition and Consumer Protection Commission which maintains a list of Alternative Dispute Resolution (ADR) entities. We will engage in this process in good faith with you as required.
When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
Waiver and severability
No failure or delay by us to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
If any term or provision of this agreement is at any time held to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of the Republic of Ireland and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
These terms are governed by the laws of the Republic of Ireland and you and we both agree to submit to the exclusive jurisdiction of the Irish courts.