Terms & conditions

These terms and conditions (“terms”) set out the basis on which Palmer & Palmer (HX) Ltd supplies its goods and services to you. Please read them carefully before placing an order. By paying a deposit or signing an order acceptance, you confirm that you have read, understood and agree to these terms.

1. About us

Palmer & Palmer is a trading name of Palmer & Palmer (HX) Ltd, a company registered in England and Wales (company number 08600427), whose registered office and showroom is at 1 George Street, Hipperholme, Halifax, West Yorkshire HX3 8DY.

You can contact us by telephone on 01422 201244, by email at design@palmerandpalmer.co.uk, or by post at the address above. Our showroom is open by appointment.

In these terms, “we”, “us” and “our” mean Palmer & Palmer (HX) Ltd, and “you” and “your” mean the customer placing the order.

2. Definitions

• “Goods” means the kitchen units, furniture, worktops, appliances, fittings, materials and any other items we agree to supply to you.
• “Services” means the design, supply, delivery, installation and any related works we agree to carry out for you.
• “Quotation” means our written quotation or estimate for the goods and services.
• “Order” means your acceptance of our quotation, confirmed by your signature and/or payment of the deposit.
• “Contract” means the contract between you and us for the supply of the goods and services, made up of your order, our quotation, the final approved design and these terms.
• “Design” means the drawings, plans, layouts, specifications and visualisations we prepare for your project.

3. The contract

3.1 Our quotation is an invitation for you to place an order; it is not an offer that you can accept to form a contract automatically.

3.2 A binding contract is formed only when you have approved the final design, signed our order acceptance and paid the deposit, and we have acknowledged your order in writing.

3.3 The contract is based on the final approved design and the quotation relating to it. Any sketches, room plans or prices issued earlier in the design process are for discussion only and are superseded by the final approved design.

3.4 These terms apply to the contract to the exclusion of any other terms you may seek to impose or incorporate.

4. Quotations and prices

4.1 Our quotation is valid for 30 days from its date, unless we state otherwise in writing. After that period we may need to re-quote.

4.2 All prices are quoted in pounds sterling. We are VAT registered, and unless stated otherwise prices are shown inclusive of VAT at the prevailing rate.

4.3 The price covers only the goods and services expressly set out in the quotation and final approved design. Anything not listed is not included.

4.4 We reserve the right to adjust the price before the contract is formed to reflect any change in the cost to us of materials or goods, or any change in your requirements. Once the contract is formed, the price is fixed except where these terms allow a variation (see clause 7).

5. Design and the bespoke nature of our work

5.1 Our goods are designed and made to measure specifically for you and your property. They are bespoke goods, made to your specification.

5.2 Before manufacture, we will provide a final design for your approval. It is your responsibility to check the final design carefully, including dimensions, layout, colours, finishes, materials, appliances and specifications, and to tell us about anything that is incorrect or that you wish to change.

5.3 Once you have approved the final design in writing (including by email or electronic signature), it forms the basis of the contract and manufacture will be ordered against it. We are not responsible for errors in an approved design that you could reasonably have identified at the approval stage.

5.4 Where final site measurements (“technical survey”) are required, manufacture will not normally begin until that survey is complete and any resulting amendments have been agreed.

6. Payment

6.1 Unless agreed otherwise in writing, payment is made in the following stages:

• a deposit of 25% of the total price on placing your order;
• a further 65% before delivery of the goods to site;
• the balance of 10% on completion of installation.

6.2 We accept payment by bank transfer (BACS) or cash.

6.3 Time for payment is of the essence. We are not obliged to deliver goods or begin or continue installation until any payment then due has been received in cleared funds.

6.4 If you do not pay any sum by its due date, we may suspend further work and/or charge interest on the overdue amount at 4% per year above the Bank of England base rate, accruing daily, from the due date until payment is made. This does not affect any other right or remedy available to us.

6.5 Goods remain our property until we have received payment in full (see clause 10).

7. Changes and variations

7.1 If you wish to change your order after it has been placed, please tell us as soon as possible. We will try to accommodate reasonable changes, but we cannot guarantee that a change is possible once manufacture has been ordered.

7.2 Any agreed change may affect the price and the timescale. We will confirm any variation, and any additional cost, in writing before carrying it out. Variations form part of the contract.

7.3 If, during installation, additional or different work proves necessary that could not reasonably have been foreseen (for example, because of the condition of the property), we will discuss this with you and agree any additional cost before proceeding where practicable.

8. Your right to cancel

8.1 Because our goods are made to measure and bespoke to your specification, they are exempt from the statutory 14-day right to cancel that would otherwise apply to certain off-premises and distance contracts under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, once the goods have been ordered into manufacture.

8.2 Where a statutory right to cancel does apply (for example, certain non-bespoke goods bought away from our showroom), we will tell you about it and provide the relevant information and cancellation form at the time.

8.3 If you cancel an order for bespoke goods after the contract is formed but before delivery or installation, you remain responsible for the cost of work done and goods made or ordered up to the point of cancellation. We will discuss this with you fairly and reasonably.

8.4 Nothing in this clause affects your legal rights if the goods or services are faulty or not as described (see clause 12).

9. Delivery, installation and timescales

9.1 We will agree estimated dates for delivery and installation with you. Any dates given are estimates only and, while we will use reasonable efforts to meet them, time is not of the essence.

9.2 We are not liable for delays caused by matters outside our reasonable control, including delays by suppliers or manufacturers, the condition or readiness of your property, or other trades working at the property (see also clause 16).

9.3 You are responsible for ensuring that we have safe and clear access to the property and the work area on the agreed dates, and that the area is ready for installation to begin.

9.4 Unless expressly included in the quotation, our price does not include builders’, electrical, plumbing, gas, tiling, plastering, flooring, decorating or making-good works. Where such works are required, they are your responsibility, and we recommend they are carried out by suitably qualified and certified tradespeople.

10. Title and risk

10.1 Risk in the goods passes to you on delivery to your property (or, where we install, on installation).

10.2 Ownership of the goods passes to you only when we have received payment in full of all sums due under the contract. Until then, you must keep the goods safe, identifiable and insured.

11. Your responsibilities

11.1 You are responsible for providing accurate information about the property and your requirements, and for obtaining any planning permission, building regulations approval, landlord’s consent or other permission required for the works.

11.2 You must tell us before work begins of anything that may affect the works, including the presence or suspected presence of asbestos, the location of concealed pipes, cables and services, and any structural matters. We are not responsible for damage arising from matters you have not disclosed and that we could not reasonably have identified.

11.3 Unless agreed in writing, removal and disposal of your existing kitchen, furniture or appliances is your responsibility.

12. Your consumer rights

12.1 We are under a legal duty to supply goods and services that conform to the contract. Nothing in these terms affects your statutory rights under the Consumer Rights Act 2015 or other applicable law.

12.2 Under the Consumer Rights Act 2015, the goods we supply must be as described, of satisfactory quality and fit for any purpose made known to us. The services we provide must be carried out with reasonable care and skill.

12.3 If the goods or services do not conform, you are entitled to the appropriate remedies under that Act. Please contact us promptly so that we can put things right (see clause 17).

13. Guarantees

13.1 We guarantee our installation workmanship for a period of 12 months from the date of completion, subject to fair wear and tear and proper use.

13.2 Goods are covered by the relevant manufacturer’s guarantee, where one applies. Appliances, sinks, taps and other third-party products are covered by their own manufacturers’ guarantees, which we will pass on to you; we are not the manufacturer of those products.

13.3 Our guarantee does not cover: fair wear and tear; damage caused by misuse, neglect, accident or failure to follow care instructions; damage caused by others working at the property; or changes in natural materials as described in clause 14.

14. Natural materials and finishes

14.1 Timber, stone, quartz and other natural or part-natural materials vary in grain, colour, veining and texture. Some variation between samples, displays, visualisations and the finished goods is normal and is not a defect.

14.2 Painted and timber finishes may move, settle or change slightly with temperature and humidity over time. This is a characteristic of the materials and is not a fault.

15. Our liability

15.1 Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited or excluded.

15.2 Subject to clause 15.1, we are not liable for any loss that was not reasonably foreseeable, or for business losses (we supply to you as a consumer for private use).

15.3 Subject to clause 15.1, our total liability arising under or in connection with the contract is limited to the total price paid under the contract.

16. Events beyond our control

16.1 We are not liable for any failure or delay in performing our obligations where that failure or delay results from events beyond our reasonable control, including supplier or manufacturer failure, shortages of materials, fire, flood, severe weather, industrial action, or the act or omission of any third party.

16.2 If such an event occurs, we will contact you to let you know and will take reasonable steps to minimise the delay.

17. Complaints

17.1 We aim to provide an excellent service, but if something is not right we want to hear about it. Please contact us as soon as possible by telephone on 01422 201244 or by email at design@palmerandpalmer.co.uk, with details of your order and the issue.

17.2 We will acknowledge your complaint promptly and work with you to resolve it fairly.

18. Intellectual property

18.1 All designs, drawings, plans, visualisations and specifications we prepare remain our intellectual property. They are provided for the purpose of your project with us and may not be copied, shared with or used by any third party (including another supplier or installer) without our written consent.

19. Data protection

19.1 We process your personal data in accordance with applicable data protection law and our privacy policy, which is available on our website (privacy policy). We use your information to prepare designs and quotations, fulfil your order, and provide after-sales support.

20. General

20.1 If any provision of these terms is found to be unlawful or unenforceable, the remaining provisions continue in force.

20.2 No failure or delay by us in exercising any right under the contract is a waiver of that right.

20.3 The contract is between you and us. No other person has any right to enforce any of its terms.

21. Governing law and jurisdiction

21.1 These terms and the contract are governed by the law of England and Wales, and any dispute is subject to the non-exclusive jurisdiction of the courts of England and Wales.

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Palmer & Palmer (HX) Ltd · 1 George Street, Hipperholme, Halifax, West Yorkshire HX3 8DY