Distinctly Living - Kitchen Design & Fitting Terms & Conditions
These conditions of sale apply to goods & services supplied by Distinctly Living. No contract exists between you and Distinctly Living for the sale of any goods until Distinctly Living has received and accepted your order and the initial deposit payment has cleared. Please note that by placing an order with Distinctly Living, you are agreeing to these terms and conditions.
If you have any questions about these terms, please ask your designer.
Kitchen Design & Planning
Stage One - Informal Chat
We offer a free, no obligation, ballpark estimate based on an initial meeting and your rough measurements and requirements.
Stage Two - Complete Planning
During this stage we will undertake a full site survey (if possible), prepare full 3D drawings and a complete quotation including costings for worktops, appliances and installation. To enter the complete planning stage there is a charge of £350 – this fee is fully deductible from your deposit once the order is placed. Upon payment of a deposit, we will present a full set of elevations, electrical drawings and fitting notes as required. Should the kitchen not go ahead or be cancelled, this fee is non refundable.
All kitchen plans, designs and layouts remain the property of Distinctly Living and shall not be shared, distributed or reviewed with 3rd parties without Distinctly Living’s permission. All 3D and 2D drawings are artistic representations of the final product and subject to variances from final manufactured product.
Confirmation of Order
Confirmation of an order will only be sent when all details have been agreed with Distinctly Living and the first payment has been made. This forms a binding and legal contract between you and Distinctly Living. The customer shall not receive electrical or plumbing plans or detailed elevations until the contract has been entered.
Payment, Supply & Installation
On confirmation of order a first payment of 20% of the total purchase price is due. Two weeks prior to delivery of goods the balance on the kitchen units and any appliances or worktops is due and this payment must have cleared one week before delivery. Non-payment will result in delivery being delayed until funds are received. Payment to tradespeople is due within 14 working days of completion of the installation or according to their terms.
If you delay your delivery, the payment will still be due, unless otherwise agreed in writing with Distinctly Living. Distinctly Living reserves the right to charge interest on any outstanding or overdue payments at 3% above the current UK base rate, which will be calculated on a daily basis. In the event of late or non payment and without affecting any other rights or remedies of Distinctly Living, Distinctly Living shall be entitled to either suspend delivery of the goods and their installation without notice and charge interest until all amounts owing (including accrued interest) have been paid in full or terminate the contract by notice to you in writing. Should there be any minor items that are incomplete, due to circumstances beyond the control of Distinctly Living – the value of these as determined by Distinctly Living may be retained by the client until satisfactory completion.
Payment – Supply Only
Terms are as above but with a 25% deposit required on placing the order and full balance prior to delivery. Failure to pay will result in delivery being delayed until balance received as cleared funds.
If the agreed delivery date is extended by the customer after confirmation of the order, Distinctly Living reserves the right to make a charge for the storage of your furniture.
Delivery date is scheduled upon placing the order, all details having been agreed. Distinctly Living will endeavour to meet this date but are not liable for delays caused by the manufacturer’s lead times, unavailability of contractors and sub contractors or the site not being ready for installation or delays caused by previous client installations knock on effect. Responsibility of the
goods will pass to the client upon delivery. Any damage or loss caused by persons not employed by Distinctly Living such as builders or other trades persons is the responsibility of the client. The risk in the goods not installed by Distinctly Living shall pass to you on delivery. For goods installed by Distinctly Living risk shall pass after installation. Damage in either case due to inadequate site access shall be at your risk. Reasonable kerbside access is required for delivery, a failed delivery due to difficult access that was not made clear to Distinctly Living, will be charged at £250. If we are working on a supply only basis and additional items are required to complete the kitchen, that have not been delivered with the initial free delivery we offer, there may be an additional charge.
All goods must be inspected for damage or shortfall on delivery in the presence of the delivery driver. Any obvious loss or damage must be clearly written on the delivery note.
All 1st and 2nd fix plumbing and electrics for the kitchen are to be undertaken and paid for by the client unless agreed and confirmed in writing by Distinctly Living.
It is the customer’s responsibility to ensure the site is ready for installation. Commencement of fitting will only begin on the specific instruction from the client or client’s nominated project manager. We will however advise if we do not consider the commencement date to be appropriate. It is the responsibility of the client to notify Distinctly Living in writing of any variances in floor levels or room dimensions that may have changed since site measurements are taken, prior to manufacture or delivery of cabinets.
In the event of orders placed from architects plans (extensions, modifications and new builds) the customer is responsible for checking that built sizes after plastering comply exactly with the final kitchen plan sizes given. We strongly advise that customers continuously monitor and check sizing, and advise of any discrepancy in good time for alterations to be made prior to manufacture.
We accept no liability for goods not fitting if internal dimensions have changed without ample notification. Any on-site modifications may incur an additional charge.
Whilst we will try to ensure our Fitter keeps dust and disruption to a minimum during the provision of the installation services, you should take all reasonable and necessary steps to minimise the impact of the installation services, for example by moving breakables/delicate items and covering areas likely to be affected with dust sheets.
Whilst the Fitters will endeavour to clean up after themselves, you should expect some dust to result from the installation services and you agree that we will not be liable for any cleaning expenses resulting from such dust.
In respect of installation you are responsible for:
ensuring that all measurements taken by you are correct and accurate;
obtaining all planning permission and building regulations consents;
ensuring that the Fitter has clear, safe and uninterrupted access to the delivery address and the area where the installation services are to be carried out;
ensuring that all services which may affect or be affected by installation of the Products are disconnected;
ensuring that the area where the installation services are to be carried out is clean, level and clear of debris;
ensuring the space the kitchen is being fitted completly dry and aired with no excess humidity - failure to do so can cause damage to cabinets which we will not be held liable for.
providing adequate power, lighting, heating and other necessary facilities for the Fitter to be able to carry out the installation services;
ensuring that flooring has been laid in the area where the kitchen is to be installed;
to notify us of any changes to the condition of your property at the time agreed for the provision of the installation services; and
If during the installation services, you agree with the Fitter to deviate from the plan, then this is your responsibility and we shall not be liable for any costs, damage or loss arising from this.
If at anytime, throughout the installation, you have any concerns about the Fitter or the quality of work, you must contact us immediately, do not wait until the installation is complete.
Where the customer undertakes to supply appliances it is their responsibility to ensure they are the correct size and specification. They must be available on site at the commencement of the installation. If for any reason the customer fails to have them available, causing the installation work to be delayed, any resultant cost incurred by Distinctly Living must be borne by the customer.
Neptune kitchens are sent to site pre-painted either in the standard colour or a bespoke Neptune colour as per the client’s order. Neptune will not decorate kitchens in 3rd party paints or colours. Neptune recommend that newly fitted kitchens have an on-site topcoat of paint at the customer’s cost. This will be advised to customers before commencement but there is no obligation to commit to this.
Building Waste & Cleaning
If required, Distinctly Living can arrange for old kitchen cabinets, worktops and appliances to be removed by specialist waste contractors as well as all waste created by the kitchen fit including packaging and excess materials i.e. cornice and end panel remnants but the cost for this will be passed on to the client. If required, Distinctly Living can arrange for a top level clean of the kitchen after fitting but will not be liable for any subsequent dirt or damage caused by other work being undertaken on site. The cleaning costs will also be charged back to the client.
On Site Storage
After delivery cabinets must be stored in a warm and dry atmosphere and adequately protected when moved around site.
Should you wish to return any units or furniture, through no negligence on part of Distinctly Living or the manufacturer – all goods must be returned undamaged, in their original packaging and will be subject to the manufacturer’s restocking fees. Any ‘made to order’ items are non-returnable and non-refundable (e.g. all bespoke kitchen ranges).
Fitting & Manufacturing Tolerances
Voids and fillers surrounding the installed furniture are part of normal fitting tolerances and cannot be accepted as a basis for complaint. Manufacturing tolerances in terms of cabinet and door alignment are +/- 2-3mm, only miss-alignments greater than this are considered faults to be rectified.
Cancellation of orders will only be accepted if Distinctly Living has agreed in writing and on condition that you reimburse Distinctly Living all costs and expenses or losses and damages resulting from the cancellation.
We may wish to use images of your kitchen in marketing or advertising. Please advise us if you wish to opt out.
Warranty & Guarantee
All goods supplied by Distinctly Living are warranted free from defects. All goods must be inspected immediately following delivery (no later than 48 hours) and will be repaired or replaced free of charge if found to be defective or damaged in any way before installation. Damaged items must not be installed unless agreement has been given by Distinctly Living. After installation the kitchen should be inspected within 7 days and items will be repaired or replaced free of charge if found to be defective or damaged in any way arising from the installation by Distinctly Living’s representatives.
This warranty does not apply to any defect arising from fair wear and tear, wilful damage, accident, environmental conditions such as damp, negligence by you or any third party, use otherwise than as recommended by Distinctly Living, failure to follow Distinctly Living’s instructions on aftercare or any alteration or repair carried out without Distinctly Living’s approval.
Distinctly Living Kitchens and Neptune Kitchens come with standard 12 month guarantee, which we extend to 10 years if installed by Distinctly Living fitters. Neptune also offer an extended guarantee details of which can be found on www.neptune.com
Theses guarantees are against manufacturing defects in materials or workmanship. It does not extend to: damage resulting from normal wear and tear or misuse or changing colour on exterior appearance.
The guarantee on fitted kitchen cabinets is valid only for the original purchaser and the original installation. The guarantee is not transferable.
Appliances, worktops and taps sourced by Distinctly Living are subject to the manufacturers own guarantees and products should be registered accordingly by the client.
Distinctly Living LTD
Registered Company Number: 12050186
Registered Office: 35 Lower Street, Damouth. Devon TQ6 9AN