Kingfisher Home Solutions

TERMS AND CONDITIONS OF SUPPLY

These terms and conditions shall apply to and be incorporated into the Contract. These terms and conditions tell you the terms and conditions on which we supply any of the services (Services) listed on our website www.kingfisherhomesolutions.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Services. You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions. The conditions below apply exclusively to the contract between us and you.

IF YOU HAVE ANY QUESTIONS OR ARE UNCERTAIN ABOUT ANY OF YOUR RIGHTS UNDER THESE CONDITIONS, PLEASE CONTACT US AT THE ADDRESS LISTED AT CLAUSE 9.

You should print a copy of these terms and conditions for future reference.

Your attention is specifically drawn to condition 7.

1. INFORMATION ABOUT US

www.kingfisherhomesolutions.co.uk is a site operated by Kingfisher Home Solutions Limited (we). We are registered in England and Wales under company number 6396162 and with our registered office at Ullswater House, Duke Street, Penrith, Cumbria, CA11 7LY. Our main trading address is 4 Kingfisher Drive, Aiskew, Bedale, North Yorkshire DL8 1XG. Our VAT number is 921 5634 36.

2. SERVICE AVAILABILITY

Our site and Services are only intended for use by people resident in the United Kingdom. We do not accept orders for the Services from individuals outside the United Kingdom.

3. YOUR STATUS

By placing an order, you warrant that:

(a) you are legally capable of entering into binding contracts;

(b) you are at least 18 years old; and

(c) you are resident in the United Kingdom.

4. CONSUMER RIGHTS

4.1 If you are contracting as a consumer, you may cancel the Contract at any time within seven (7) working days, beginning on the day after the Contract is formed. In this case, you will receive a full refund of the money you have paid for the Serv ices. To cancel the Contract, you must inform us in writing.

4.2 If you give us consent to start the Services immediately, you will be waiving your right to cancel the Contract as set out above. This is because we will already have spent time and money undertaking the Services.

4.3 PLEASE NOTE – IF YOU WISH TO RETAIN YOUR RIGHT OF CANCELLATION AND WITHHOLD CONSENT,

WE WILL NOT BEGIN THE SERVICES UNTIL THE 7 DAY CANCELLATION PERIOD HAS EXPIRED. THIS MAY DELAY THE SEARCH.

4.4 In the event that you wish to cancel your order for the Services after the Services have begun, you should send to us written confirmation that you wish to cancel to the address set out at clause 9, Notices. If we have already incurred expense on your behalf, we will retain those reasonable expenses and costs from the Deposit you have supplied.

4.5 This provision does not affect your statutory rights.

5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

5.1 You contact us as a result of our publicity or via our site.

5.2 After choosing the Services you require and placing an order by sending us a completed Criteria Profile and paying the Deposit, you will receive an e-mail or letter from us acknowledging that we have received your order. Your order constitutes an offer to us to purchase the Services.

5.3 All orders are subject to acceptance by us and we must accept the order before the Contract is formed. We will confirm such acceptance to you by sending you an e-mail or letter that confirms that the Services have been commenced or confirming the date the Services will commence (Service Acknowledgement).

5.4 The contract between us (Contract) will only be formed when we send you the Service Acknowledgement.

6. PRICE AND PAYMENT

6.1 The price of the Services will be as quoted on our site from time to time, except in cases of obvious error (Fee) and is made up of the Deposit and the Balance as defined on the Site.

6.2 These prices exclude VAT.

6.3 The Fee is liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Service Acknowledgement.

6.4 A Deposit is due from you when you submit your Criteria Profile. This is to meet initial expenses that we have to pay to begin the Services. We will not begin the Services until the Deposit has been paid. You should return the Deposit with your Criteria Profile.

6.5 The Balance shall be payable 14 days following the issue of the invoice.

6.6 Payment for all Services must be by cheque, BACS transfer or Visa. Payment by way of BACS Transfer or Visa can be arranged by calling your relocation agent. If you pay by cheque we reserve the right to delay the start of the Services until the cheque has cleared. If payment is made by cheque and that cheque is dishonoured we reserve the right to charge you for any costs that we reasonably incur.

6.7 We reserve the right to charge you interest in respect of any amount outstanding after the period for payment set out in clause

6.4 and 6.5 above (both before and after any judgment) from the date of the invoice up to and including the day of payment at the rate of 2% per annum above the base rate of the HSBC Bank Plc.

7. OUR RESPONSIBILITY

7.1 We will do our best to provide the Services ordered in accordance with your Criteria Profile and the Service description on our site and with reasonable skill and attention.

7.2 We will do our best to meet all dates specified in your Criteria Profile, but any such dates shall be estimates only. Rarely dates may need to be extended to ensure that the Services are completed correctly. In this event we will contact you in advance to discuss.

7.3 We will do our best to satisfy all criteria specified in your Criteria Profile and the Service description on our website, but any such criteria must be recognised as guidelines only and you acknowledge it may not be possible to satisfy all criteria in your Criteria Profile on each occasion, however, we will always try to achieve the best possible match.

7.4 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the Fee of the Service you ordered.

7.5 This does not include or limit in any way our liability:

(a) for death or personal injury caused by our negligence;

(b) under section 2(3) of the Consumer Protection Act 1987;

(c) for fraud or fraudulent misrepresentation; or

(d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

7.6 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:

(a) loss of income or revenue;

(b) loss of business;

(c) loss of profits or contracts;

(d) loss of anticipated savings;

(e) loss of data; or

(f) waste of management or time

however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

8. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or by post as required, however, if you specify an email address on your Criteria Profile this will be the primary means of communication. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

9. NOTICES

All notices given by you to us must be given to Kingfisher Home Solutions Limited at 4 Kingfisher Drive, Aiskew, Bedale, North Yorkshire DL8 1XG or This e-mail address is being protected from spambots. You need JavaScript enabled to view it . We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

10. EVENTS OUTSIDE OUR CONTROL

10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

10.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a) strikes, lock-outs or other industrial action;

(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

(e) impossibility of the use of public or private telecommunications networks;

(f) the acts, decrees, legislation, regulations or restrictions of any government.

10.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

11. WAIVER

11.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

11.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

11.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 9 above.

12. SEVERABILITY

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority (for example a Court) to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

13. OUR RIGHT TO CHANGE THESE TERMS AND CONDITIONS

13.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

13.2 You will be subject to the policies and terms and conditions in force at the time that you order services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Service Acknowledgement (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the services).

14. LAW AND JURISDICTION

Contracts for the purchase of Services through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.