Terms & Conditions
1. WHO WE ARE
We (Premium German Kitchens Ltd) are a limited liability company registered in England and Wales with Company Registration Number 10949982 and whose registered office is situated at: Unit E4 Up Bounds Green Industrial Estate, South Way, London, United Kingdom, N11 2UD
2. THESE TERMS
These terms apply to all contractual agreements made between us and you, the customer. We may change these terms from time to time. Please check them before you make a new purchase. None of your statutory rights are affected by these terms.
Any order you place with us (“Order”) is subject to these terms and conditions. You should read them very carefully as they contain some very important terms. If you have any questions about any part of these terms or would require the same in larger print, please contact us at the number quoted on this page.
These terms are standard and non-negotiable. They supersede all other terms whether oral or written. Our sales staff will do the best to help, but are not authorised to do any of the following:
- Make any variations to these terms;
- Make any representation, agree any condition or enter into any collateral agreement;
- Accept any offer or counter-offer by you.
The Managing Director may from time to time by means of a written notice to you make alterations to these terms but only in relation to the individual order in question.alterations to these terms but only in relation to the individual order in question.
3. QUOTATIONS
All quotations sent to you are contractual offers on our part.
Our Quotations are valid for a period of 14 days. No binding contract for an Order is formed between us until such time as:
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you accept our Quotation by confirming the same by email or signature of contract.
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Payment is received by us in the form of either the whole price of the Quotation (the “Price”) or a non-refundable deposit (the “Deposit”). Deposit is defined as a payment of £1000, 25% or 50% of the Quotation.
The Price will 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 changes.
After the survey, we reserve the right to make any deviation from the Quotation which would not materially affect the design if in our opinion it would facilitate the proper installation of any goods supplied to you by us.
The products and services to be supplied will be set out in the Quotation. The installation of any goods supplied is your responsibility and is not included in the Contract. They are also subject to correction of any errors or omissions whether on your part or ours.
Note – once a quotation is accepted by you an “Order” is created and a one-off binding contract between the two of us (“Contract”) is also created. This does not under any circumstances constitute a continuing contractual relationship (whether renewable or otherwise) between us.
Once you have paid the Price and we have discharged our delivery and performance obligations, the contractual relationship between us is terminated.
4. CANCELLATION
Cabinets are made to your specific requirement and therefore once we have accepted your order, it cannot be cancelled in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“CCR”). It is possible that amendments may be accepted prior to product manufacture being started. Any amendment applicable must be made and accepted in writing.
Appliances which are not made to your specific requirement may be cancelled but are subject to a restocking charge. Cancellations which fall outside your statutory right to cancel are subject to a restocking charge of 50%. Your statutory rights as a consumer in relation to damaged or defective Goods will not be affected by this condition.
You must allow us entry onto your premises for the purposes of exercising our rights under this clause. 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.
5. THE DEPOSIT
We require a nonrefundable deposit in 2 stages;
- Stage 1 payment of a £1000 deposit will be required to initiate a site survey and secure the quotation, the quotation will be valid for 14 days (the Site Survey Deposit).
- Stage 2 payment of 50% of the Price (less any payment for the Site Survey Deposit) is payable with cleared funds as a condition precedent to the forming of a Contract.
6. AVAILABILITY
All items are subject to availability. We can only guarantee availability whilst stocks last. If the goods ordered are unavailable, we will contact you with suggestions of goods of equivalent quality and price.
7. DESCRIPTION
We will use our reasonable endeavors to display as accurately as possible the colours of our products that appear on our Website and brochures and at our showrooms. However, we cannot guarantee that the display of any colour will accurately reflect the colour of the actual product.
We will do our best to be as accurate as possible in our all descriptions, however please note that all sizes, weights and measurements quoted must be treated as approximate.
8. PAYMENT
You can pay for your order by bank transfer, debit or credit card (excluding American Express). Credit and/or debit cards may only be used in store to make payments, up to £5000 per day on an order. Any balance outstanding must be paid by bank transfer.
A binding agreement arises once you accept our Quotation and a deposit of the total quotation is paid,
We will only dispatch the goods upon receipt in cleared funds of the outstanding balance of the Price. This will be required 14 days prior to dispatch, non-applicable to approved finance applicants
9. FINANCE OPTION
We may be able to offer you finance options subject to satisfactory credit checks. Further details can be provided by staff members.
If a finance option is agreed, the deposit required will be 25% of the Quotation. The finance agreement will commence from delivery of the Order. You must be present to accept the delivery when we deliver and sign off the delivery completion form.
A binding agreement arises once you accept our Quotation and a deposit of the Quotation is paid.
An approved and signed finance agreement must be in place on Sign off of the order.
*We will take all reasonable care to keep your order details and payment secure, but, unless we are negligent, we will not be liable for any losses if an unauthorised third party obtains access to your information.
VALUE ADDED TAX (VAT)
VAT is payable by you at the appropriate rate. All prices quoted in any of our brochures include VAT unless otherwise stated.
10. RETENTION OF TITLE
Ownership of all goods and services delivered to you remains ours and will not pass to you until we are paid in full by the client or the finance provider. If you are overdue in paying for any goods or services supplied by us to you we are entitled to recover possession of those goods and to resell them.
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.
11. DELIVERY
We only deliver to addresses in Mainland UK.
Our standard delivery times and schedules run from Monday to Friday 8am to 5pm. Any agreed delivery time outside of these hours may result in an additional charge being made.
Any amendment to booked deliveries requires 3 working days written notice or a cancellation fee of £400 will be applied as an addition to your order.
Time for performance of any obligations under any contract is not of the essence.
Delivery dates mentioned in any Quotation, Order or other document are approximate only and not of any contractual effect. We shall not be liable for any delay in delivery howsoever caused. Late delivery of the Goods does not entitle you to do any of the following:
- Reject the Goods
- Terminate the contract
- Withhold payment of any part of the Price.
Site Conditions – Prior to the delivery, it is customer’s responsibility to ensure that the room where furniture will be stored and installed is completely dry with a moisture level below 65% and has a minimum of 12 degrees Celsius heat and the space is cleared to accept the delivery. PGK will not be liable for any damage to furniture caused by site conditions which do not meet the requirements above.
A clear access to the property must be provided for the delivery team. In the event that access is blocked, unstable, or poses a risk to the team while transporting goods, delivery will be suspended and a failed delivery fee of £400 will be charged.
Protection of floors, walls and other surfaces is recommended and is the responsibility of the customer. Any damages to fixtures and fittings must be noted on the delivery paperwork at the time of delivery. Claims made after the delivery crew have left the premises will not be accepted.
We will be responsible for any damage to goods sustained during transit but any damage caused to those goods once delivery has been accepted by you will be your responsibility.
Upon receiving the goods, a signature is required. Upon receipt of a signature the responsibility of the goods then lies with you, and from this time you will be responsible for any loss of or damage to the goods.
Please check your items carefully upon delivery. Items must be inspected upon delivery and damages noted within 96 hours of delivery. This is your only opportunity to report any damage. No claim for damage will be considered or accepted after this point.
We will not be liable for failure by you to give us a correct email or delivery address or notify us of any change of address.
12. STORAGE
If the agreed delivery date is extended after confirmation of the order, the Company reserves the right to apply a charge for the storage of your order. A charge of £100 plus VAT per week will be applied as an addition to your order for all orders where the delivery date is extended by 2 weeks. We will communicate to you in writing prior to any charges being applied.
13. INSTALLATION
The order price is exclusive of the installation. On your request, dry fit installation service can be provided by PGK Interiors. This service is subject to separate agreement and charges.
Specific products my only be ordered if they are installed by PGK. In this instance, the installers would be contracted by Premium German Kitchens Ltd to complete the installation
14. FAULTS/MIS-DELIVERY
In the unlikely event of mis-delivery or faults, we will use all reasonable endeavors to resolve the issue as soon as possible.
For special order terms or units which have to be made, an indication of the period of delay will be given by the Company.
Remedial – We will replace or repair any goods which sustained damage during transit. If the fitting is done by a PGK recommended fitter, PGK is responsible for delivering and fitting of any remedial. In the event that customer uses their own fitter, PGK will deliver the item but will not cover the cost of installation. Please note remedial is estimated to arrive in 8 weeks for non-special and 14 weeks for special, subject to the current lead time.
Goods damage:
- Non cosmetic and non-structural = Repair
- Structural = Replaced
- Cosmetic (visible when doors closed) = Replace
- Cosmetic (internal units, back unit etc) = Repair
Contractor damaging property, written notice with images to be sent to info@pgkltd.co.uk.
15. SURVEY AND DESIGN
When you are ordering from us we will carry out a survey at your premises prior to confirming the order upon payment of the initial deposit. This deposit will be deducted from the total cost of the Order, once an Order has been placed.
You are responsible to ensure:
- the accuracy of any room dimensions given to us where such dimensions are not measurable at the time of the site survey;
- that any goods not supplied by us are suitable for use with our design
16. VISUALS
All visuals are provided on condition that they are accepted as an artistic interpretation only, and not intended to offer an actual representation of the proposed design.
17. GUARANTE
All products supplied are fully guaranteed by the manufacturer. Please contact us for further details.
18. LIMITATION OF LIABILITY
We shall not be liable for any indirect, incidental, or consequential loss arising out of the Contract or the performance or use of any of the goods or services.
The maximum liability of either you or us under any Contract between us shall be limited to the Price.
19. COMPLAINTS
If you are not entirely satisfied with your purchase, please contact us immediately on 0203 903 7835. It may be requested that you put your complaint in writing to the person dealing with your matter. This is usually the member of staff who designed and sold your product to you. You should receive a response to your complaint within 10 working days.
If you are not happy with the response provided by the person dealing with your matter, your complaint will be escalated to a member of the management team. In this instance, please contact us where you will be provided with the contact details of the person responsible for resolving your complaint and you will also be provided with a time frame as when you can expect a response.
On the rare occasion that we are unable to resolve your complaint to your satisfaction, you can contact the furniture and home improvements Ombudsman on 0333 241 3209 https://www.fhio.org/page/contact.
20. DELAY OR FAILURE TO PERFORM
We shall not be liable to you if we are prevented or delayed in the performance of any of our obligations to you if this is due to any cause beyond our 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
If this happens, we shall inform you as soon as is reasonably practicable and if these circumstances continue for 30 days either you or we will be free to cancel the contract. If so, we will give you a full refund of any payment we have received from you within 30 days of cancellation.
21. FURNITURE WARRANTY
Where we are not the manufacturer of the goods, we shall endeavour to transfer to you the benefit of any warranty or guarantee given to us by the manufacturer.
Extent of the Furniture Warranty:
The warranty period begins upon product delivery and is valid for a period of 5 years. This warranty period is not extended by any services carried out under the terms of the warranty, nor does it restart from the beginning if a claim is made during the warranty period.
PGK’s warranty supplements the manufacturer’s guarantee, and we will process any warranty claims on your behalf, liaising with the manufacturer as required. The warranty includes the free delivery of a replacement part of the same kind, quality, and type in the event of defects proven to be the result of construction, manufacturing, or material faults. In some cases, optically and technically amended spare parts may be supplied.
The benefit of the product warranty is conferred only upon the original purchaser of the product. The warranty is non-transferable and cannot be assigned to any subsequent owners of the product. Legal warranty rights remain unaffected.
Warranty for Electrical Appliances, Fixtures, and Fittings:
For electrical appliances, mixer taps, built-in sinks, lights, knobs and handles, and any hardware used within the furniture, the warranty is separate from PGK’s furniture warranty and is covered by the respective manufacturer’s warranty. PGK will assist in processing any claims related to these items with the manufacturer, but PGK’s warranty specifically covers only the furniture.
Exclusions
The warranty does not cover the following:
Damage caused by heat transmission and or water penetration, cuts, blows and or inappropriate use.
Damage caused or contributed to by poor, faulty or incorrect use, installation or maintenance.
Damage caused or contributed to by events outside PGK’s control including but not limited to Acts of God, fire, explosion, contact with corrosive matter, extreme weather conditions, flood, vandalism, soiling, misuse, abrasion, improper storage following delivery, rot and/or infestation following delivery, leaks (or similar incidents), damage due to non-domestic use.
Damage or colour deterioration caused or contributed to as a result of normal wear and tear.
Damage caused or contributed to by alterations, repairs, willful damage, abuse, mistreatment, negligence, abnormal storage or environmental conditions
The warranty is also voided by unauthorised intervention, failure to observe care and user instructions, or damage caused by improper installation or misuse.
Any claims beyond the entitlement to the delivery of a spare part, such as reimbursement of installation costs, compensatory payments, or rectification of damage will not be accepted.
22. WAIVER
No waiver by us of any breach of these conditions shall constitute a waiver of any other breach. No failure by us to exercise any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
23. JURISDICTION AND LAW
Any disputes arising out of these terms and conditions will be dealt with exclusively by the Courts of England and Wales and will be exclusively subject to English law only.
