KLS INTERIORS LIMITED CONDITIONS OF SALE
1. APPLICATION OF THESE CONDITIONS
1.1 How do these Conditions apply? These are the Conditions on which we supply products and provide installation services. These Conditions supersede all prior representations or arrangements and contain the entire agreement between you and us in connection with the products and installation services. All other terms and conditions, express or implied, are excluded. None of our employees or agents including our fitters has authority to modify or supplement these Conditions.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are KLS Interiors Limited, a company registered in England and Wales. Our company registration number is 10531527 and our registered office is at 33 Dundonald Road, Willesden, London NW10 3HP. Our registered VAT number is 912143955.
2.2 How to contact us. You can contact us by telephone: 020 8964 4502 or by writing to us by email: office@klsinteriors.co.uk or by post: 24 Scrubs Lane, London NW10 6RA
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in the Acceptance Form.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these Conditions, this includes emails.2
3. OUR CONTRACT WITH YOU
3.1 Our Acceptance Form. Please read these Conditions and our Estimate carefully before you sign the Acceptance Form. It is your responsibility to make sure that the Estimate is correct. Once you sign and return the Acceptance Form, you have entered into a Contract with us on and subject to these Conditions, the terms of your Estimate and the provisions of the Acceptance Form.
3.2 Your estimate number. We will assign an estimate reference number to your Contract on the Acceptance Form. It will help us if you can tell us this number whenever you contact us about your order.
3.3 Our Estimate. At our discretion, our estimate includes up to 3 visits to your site by any member of the KLS Interiors team. For example, 1 visit for an initial site survey, 1 visit to take final measurements and 1 visit to install the products. If project requires more than 3 visits in total, then this will need to be pre-arranged with the project manager and may incur further costs.
4. PRICE AND PAYMENT
4.1 Where to find the price for the product. The price of the product is set out in the Estimate. If the rate of VAT changes between the date of the Estimate and the date we issue an invoice, our invoice will reflect the changed VAT rate.
4.2 Deposit. We require full payment for special purchases (such as cushion pads, fabric, foam and shutters and hardware etc.), plus 50% of the remaining total (as stated on the Estimate) before any work can be started. This is a non-refundable deposit due to the bespoke nature of our products.
4.3 When you must pay and how you must pay. We accept payment with most debit and credit cards (but not Diners Club or AMEX) cheque or bank transfer. An invoice for the remainder of the balance of the products will be provided to you on installation. We will require payment of the invoice in full within 30 days of provision to you. Payment must be made in full and cleared funds without any set-off, counterclaim, deduction or withholding.
4.4 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of The Bank of England. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
4.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
5. OUR PRODUCTS AND SERVICES
5.1 Products may vary slightly from their pictures. To demonstrate the look of a product we may send you images or refer you to our website gallery; however your finished product may differ from the example images. Depending on your chosen materials, the finished product may differ in drape and style. All patterned fabric will be matched as accurately as possible. Fabric houses warn of up to 10% variance being acceptable. All samples, descriptive matter and advertising issued by us and any descriptions or illustrations provided to you are issued or provided for the sole purpose of giving an approximate idea of the products and/or services described in them. They will not form part of the Contract.
5.2 Make sure your measurements are accurate. Although we offer a measuring service, you may submit your own measurements to us and we will make your product to those measurements. You are responsible for ensuring that your measurements are correct. Any faults in the products resulting from incorrect measurements provided by you may be rectified at your request but we may charge an additional fee to do so.
5.3 Blackout treatments. Where blackout treatments are requested, we use blackout materials such as blackout lining and/or blackout fabric. Although these significantly help with minimising light seepage, we cannot guarantee complete blackout.
5.4 Alterations to existing curtains. If we are due to alter existing curtains, these must be dry cleaned first at your cost and arrangement. We are not liable for any effect dry cleaning may have on your fabrics and/or lining.
5.5 Motorised hardware. If we are due to supply motorised hardware, it is your responsibility to ensure that a qualified electrician has wired the areas correctly. Wiring needs to be in place prior to our final measuring visit and installation. We do not make final connections or integration, these need to be carried out by your own approved traders.
6. MAKING CHANGES, CANCELLATION
6.1 Your changes. Once you have signed and returned the Acceptance Form to us, you have no right to cancel the Contract or make any changes to the products or services. If you wish to make any changes, you may contact us and we may consider your request. Any change that we agree may affect the price of the product and/or the timing of supply.
6.2 Cancel or postpone an appointment If you wish to cancel or postpone an appointment or fitting with us then you must provide no less than 2 working days’ notice (9am – 5pm, Monday – Friday excluding public holidays in England). Failure to do so will result in a cancellation fee of £200.
6.3 Our changes. We may make minor changes to the product to reflect changes in relevant laws and regulatory requirements and/or to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
6.4 Our right to cancel without a refund. We may cancel the Contract if you do not (a) pay our invoices by the due date; (b) after a third postponed fitting date that you have requested, allow us to carry out installation of the product. If we cancel the Contract for either of these reasons, we will not refund you any sums paid to us and any outstanding sums will remain due.
6.5 Our right to cancel and refund We may also cancel the Contract if (a) we are unable to source the materials required to fulfil your Contract at a commercially reasonable price; (b) there is an incorrect price in the Estimate due to a typographical error; and/or (c) in our reasonable opinion, you or any of your representatives are rude, aggressive or otherwise behave towards our staff in an inappropriate manner. If we cancel the Contract for any of these reasons, we will notify you accordingly and refund any sums you have paid in advance.
7. PROVIDING THE PRODUCTS
7.1 Installation costs. The costs of installation will be set out in our Estimate. Mileage will be charged on projects outside of the M25 at a rate of £0.45/mile. The costs of the fitters time are also due as set out in Estimate. Delivery charges will be incurred for sundries delivered outside the agreed fitting date.
7.2 Delivery times. During the order process we will let you know when we will provide the products to you. This will be within our current lead time and judged on the scale of the project., and based on prompt payment by you of our invoices. Lead times are set out in the Acceptance Form or Estimate but are estimates only. We may deliver the products by instalments. We offer morning or afternoon fittings and will attempt to call you 1 hour before arrival. We cannot give specific appointment times. We retain the right to change delivery and fitting times on notice.
7.3 We are not responsible for delays outside our control. Any dates quoted for delivery, collection or installation are approximate only, and the time is not of the essence. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
7.4 We do not check fabrics on arrival. Fabrics are checked as and when the products go into manufacture. If you are supplying your own material and would like an immediate check to take place on arrival, then a charge of £1.50 per metre will be incurred.
7.5 Site access. By making an appointment or booking a fitting, you agree to provide access to the site at the allotted time. If no one is available at the site at the time when installation is due to take place, or access is otherwise blocked, the fitters will contact the number you have provided to us. If they are unable to reach you the installation will be cancelled and you will be charged a failed access fee of £200. Your project manager will contact you to re-arrange the installation for an additional fee.
7.6 Site condition. If an appointment has been made for fitting and the site is not in a suitable state for the installation of the product or if it is discovered that due to the condition of your walls or substandard building work, good fixings cannot be obtained for this to be carried out then a cancellation charge of £200 will be incurred. We will not install the products until the building work which is necessary to allow us to obtain good fixings has been completed correctly.
7.7 Access to window. Windows must be clear for fitting, with no obstruction to access. The fitters are not responsible for clearing the site for installation. If we do not have free unobstructed access to your window, or you have not cleared the access to your window in a satisfactory manner to allow us to complete the installation then a charge of £200 will be incurred.
7.8 If you do not re-arrange installation. If after a failed installation you do not re-arrange installation, we will contact you for further instructions and may charge you for storage costs of £5.00 per week per item, which will become enforceable after the second postponed fitting date, as well as any further installation costs.
8. RISK AND TITLE
8.1 When you become responsible for the products. The product will be your responsibility from the time we deliver the product to the site or when you or a carrier organised by you collect it from us.
8.2 When you own products. You own a product only when we have received payment in full and cleared funds. Unless we have installed the products, then, until you have paid for the product in full you shall store the products separately from all other goods held by you so that they remain readily identifiable as our property and you shall allow us to enter the premises to retrieve the products if you fail to pay any invoice by the due date or if we reasonably believe that you will fail to do so.
8.3 Excess fabric. Any excess fabric will be returned to you only if you have requested us to do so in the Acceptance Form. We will return the fabric that you within one month of installation and you must pay the costs of the return. If you do not request that any excess fabric will be returned to you we may dispose of it as we see fit.
9. DEFECTIVE PRODUCTS OR SERVICES
9.1 Warranty. We warrant to you that we shall make the products and provide the installation services to you with reasonable skill and care.
9.2 Your obligation to inspect. You shall inspect the products and installation services immediately on receipt and you shall be deemed to have accepted the products unless written notice of rejection setting out details of the damage or defect is sent to us within 5 days of the date of delivery, collection or installation as applicable.
9.3 Deemed acceptance. You shall be deemed to have accepted the products and installation services if, after a valid notice of rejection has been given to us in accordance with these Conditions, your conduct is inconsistent with such rejection, including if you or any third party attempts to fix the products or installs the products.
9.4 Refund or replacement. If it is shown to our reasonable satisfaction that the products were damaged or defective on delivery or after installation by us, we will either refund the price or repair or replace the products within a reasonable time, free of charge. SUCH REFUND, REPAIR OR REPLACEMENT SHALL BE DETERMINED BY US AND SHALL BE OUR SOLE LIABILITY IN RELATION TO ANY DAMAGE OR DEFECT. Replacement and repaired products are covered by these Conditions. Products shall as far as possible be preserved for inspection and where we agree to replace the products, the defective or damaged product shall be made available for collection by us.
9.5 When we have no liability. For the avoidance of doubt, we are not liable to you (a) for any defect in the products arising from any measurements, design or specification supplied by you; (b) for any damage or defect to the products that arises after delivery, collection or installation as applicable, including any damage or defect that occurs as a result of poor storage and/or your installation, arising from fair wear and tear, wilful damage, recklessness, negligence, failure to follow our instructions or misuse of the products; (c) if you or any third party alters or repairs the products; and/or (d) for any loss, theft or damage to material supplied by you if it occurs during transit to us.
10. LIABILITY
10.1 Limit on our liability. In no circumstances whatsoever shall we be liable (in contract, tort or otherwise) for any loss of goodwill, loss of business, loss of contracts, loss of profits, wasted expenditure, or for any indirect or consequential losses, in connection with the products, the services or the Contract. Our total aggregate liability in connection with the products, the services or the Contract (in contract, tort or otherwise), is limited to the price paid for the products and/or services concerned.
10.2 Exclusion of warranties. All warranties, conditions and other terms implied by statute or common law) save for the conditions implied by s.12 Sale of Goods Act 1979) are to the fullest extent permitted by law, excluded from the Contract.
10.3 Limited time to bring a claim. No action may be brought against us in connection with the products, the services or the Contract unless proceedings are issued within 6 months after you became or ought to have become aware of the circumstances giving rise to the action.
10.4 Exceptions. Nothing in these Conditions excludes or limits our liability for death or personal injury cause by our negligence, for fraud or fraudulent misrepresentation and/or for any other liability that cannot lawfully be excluded.
11. HOW WE MAY USE YOUR PERSONAL INFORMATION
How we will use your personal information. We will only use your personal information as set out in our Privacy Policy. You can find our Privacy Policy on our website: https://www.klsinteriors.co.uk
12. OTHER IMPORTANT TERMS
12.1 We may transfer the Contract to someone else. We may transfer our rights and obligations under the Contract to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights.
12.2 Nobody else has any rights under the Contract. The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.3 If a court finds part of the Contract illegal, the rest will continue in force. Each of the paragraphs of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.4 Even if we delay in enforcing the Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under the Contract, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
12.5 Which laws apply to this contract and where you may bring legal proceedings. The Contract is governed by English law and each of us can only bring legal proceedings in respect of the Contract in the English courts.