Terms and conditions
Standard terms and conditions for the sale of goods
Some important points we'd like to bring to your attention:
- all our products are produced specifically to customers' design, and cannot be cancelled or refunded, as stated in the Consumer Contracts Regulations 2013
- orders typically delivered within 2 to 3 weeks.
- notify us as soon as possible if your received order has damaged or missing parts
- koobs operates dynamic pricing, according to market forces, so you may see the price for specified product rise or fall over time
- your payment information may be directed to secure payment servers outside the EU (legally required to state this)
These Terms and Conditions are the standard terms for the sale of goods by Koobs, trading as koobs and https://www.koobs.co.uk, a Private Limited Company registered in England under number 7424571, whose registered address is 67 Chorley Old Road, Bolton, BL1 3AJ
1. Definitions and Interpretation
- 1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
- “Business Day” or "weekday" means, any day other than a Saturday, Sunday or bank holiday;
- “Calendar Day” means any day of the year;
- “Commercial Unit” means a delivery of Goods, the character and/or value of which would be materially impaired if divided;
- “Contract” means the contract for the purchase and sale of Goods, as explained in Clause 3;
- “Goods” means the goods which are to be supplied by Us to you as specified in your Order (and confirmed in Our Order Acceptance);
- “Month” means a calendar month;
- “Price” means the price payable for the Goods;
- “Special Price” means a special offer price payable for Goods which We may offer from time to time;
- “Order” means your order for the Goods as attached;
- “Order Confirmation” means Our acceptance and confirmation of your Order as described in Clause 3;
- “We/Us/Our” means Koobs Design Ltd
- 1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, fax or other means.
2. Information About Us
- 2.1 Koobs, trading as koobs and https://www.koobs.co.uk, is a Private Limited Company registered in England under number 7424571, whose registered address is 67 Chorley Old Road, Bolton, BL1 3AJ.
- 2.2 Our VAT number is 139 0993 84.
3. The Contract
- 3.1 These Terms and Conditions govern the sale of goods by Us and will form the basis of the Contract between Us and you. Before making your Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.
- 3.2 Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our discretion, accept.
- 3.3 A legally binding contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided in writing.
- 3.4 We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:
- 3.4.1 The main characteristics of the Goods;
- 3.4.2 Our identity (set out above in Clause 2) and contact details (set out below in Clause 13);
- 3.4.3 The total Price for the Goods including taxes or, if the nature of the Goods is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
- 3.4.4 Where applicable, all additional delivery charges or, where such charges cannot be calculated in advance, the manner in which they will be calculated;
- 3.4.5 Where applicable, the arrangements for payment, delivery and the time by which We undertake to deliver the Goods;
- 3.4.6 Our complaints handling policy;
- 3.4.7 We shall ensure that you are aware of Our legal duty to supply goods that are in conformity with the Contract;
- 3.4.8 Where applicable, details of after-sales services and commercial guarantees;
- 3.4.9 Where applicable, the functionality, including appropriate technical protection measures, of digital content; and
- 3.4.10 Where applicable, any relevant compatibility of digital content with hardware and software that We are aware of or might reasonably be expected to be aware of.
4. Description and Specification of Goods
- 4.1 We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided on our website and other printed and electronic media. We cannot, however, guarantee that all illustrations and/or photographs will be precisely accurate due to discrepancies that may arise during the printing process, and differences in the colour reproduction of electronic displays.
- 4.2 If you receive any Goods that do not reasonably conform to illustrations, photographs or descriptions under sub-Clause 4.1 you may return those Goods to Us as provided in Clause 8.
- 4.3 If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any format, We will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible. If, as a result of any such error or omission, you have received the wrong Goods, you may return those Goods to Us for non-compliance with the description as provided in Clause 8.
- 4.4 We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.
- 4.5 Bespoke Goods are available from Us. If you Order bespoke Goods from Us, We will produce and alter those Goods to your specifications and requirements.
- 4.6 When placing an Order for bespoke Goods, please ensure that all information that you provide to Us is correct, accurate and complete. We cannot accept the return of any bespoke Goods if the return is due to incorrect information provided by you. Please note that this does not affect your legal rights (including but not limited to those described in these terms and conditions).
- 5.1 All Orders for Goods made by you will be subject to these Terms and Conditions.
- 5.2 You may need to make an amendment to your order. If so, please contact us within 24 hours of placing your order. If it is after this point it may still be possible to make the amendment, but you may incur a fee [at Our discretion].
- 5.3 We may cancel your Order at any time before We despatch the Goods in the following circumstances:
- 5.3.1 The materials are no longer in stock and We are unable to re-stock (if, for example, the materials are discontinued); or
- 5.3.2 An event outside of Our control continues for more than one month (please see Clause 12 for events outside of Our control).
- 5.6 If We cancel your Order and you have already paid for the Goods under Clause 6, the payment will be refunded to you within 5 to 7 working days. If We cancel your Order, the cancellation will be confirmed by Us in writing.
6. Price and Payment
- 6.1 The Price of the Goods will be that shown on our website at the time of your Order. The prices of materials, and other factors due to supply and demand, means that sales prices may vary considerably from day to day.
- 6.5 All Prices include VAT. If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where We have already received payment in full from you.
- 6.6 Our Prices include the cost of delivery, to a UK mainland address.
- 6.7 All payments for Goods must be made in advance before We can despatch the Goods to you.
- 6.8 We accept the following methods of payment; PayPal, and most credit and debit cards.
- 6.9 Credit and/or debit cards will be charged before made-to-measure products go into production.
- 7.1 Please note that delivery is currently only possible within the United Kingdom.
- 7.2 When We provide you with an Order Confirmation, We will provide an estimated delivery date. Please note that estimated delivery dates may vary according to the availability of Goods, your location, and circumstances beyond Our control. Unless agreed otherwise, the Goods will be delivered without undue delay and in any case no later than 30 Calendar Days after the date on which the Contract is formed.
- 7.3 If you indicate in your Order that you wish to collect the Goods from Us yourself you may do so after receiving Our instruction to do so, AND during Our business hours of 9am to 5pm, weekdays only.
- 7.4 Delivery will be deemed to have taken place when the Goods have been delivered to the delivery address indicated in your Order and you (or someone identified by you) have taken physical possession of the Goods or, if you are collecting the Goods from Us yourself, when you have collected the Goods.
- 7.6 The responsibility (sometimes referred to as the “risk”) for the Goods remains with Us until delivery is complete as defined in sub-Clause 7.4 at which point it will pass to you. Please note, however, that if you do not wish to collect the Goods and do not wish to use Our nominated carrier to deliver them, instead choosing your own carrier, the risk in the Goods will pass to you as soon as they are passed to your chosen carrier.
- 7.7 You own the Goods once We have received payment in full for them.
- 7.8 Please note that delivery to some areas may require more time
- 7.9 Please note carefully the following:
- 7.9.1 If We refuse to deliver the Goods, you may treat the Contract as being at an end and We will reimburse you within 5 to 7 working days.
- 7.9.2 If delivery of the Goods within the agreed time period or at the agreed time was essential (taking into account the relevant circumstances at the time the Contract was formed) and We fail to deliver, you may treat the Contract as being at an end and We will reimburse you within 5 to 7 working days.
- 7.9.3 If you have told Us that delivery within the agreed time period or at the agreed time was essential and We fail to deliver, you may treat the Contract as being at an end and We will reimburse you within 5 to 7 working days.
- 7.10 If any of the events in sub-Clause 7.9 occur you may, instead of treating the Contract as being at an end, specify a new delivery time or time period. If We continue to fail to deliver the Goods, you may treat the Contract as being at an end and We will reimburse you within 5 to 7 working days.
- 7.11 If, despite the events in sub-Clause 7.9 and 7.10, you choose not to treat the Contract as being at an end, your right to cancel your Order or to reject the Goods will be unaffected. If you do so, We will reimburse you wwithin 5 to 7 working days.
- 7.12 If the Goods form a Commercial Unit, you may only reject or cancel all of the Goods, not a portion of them.
8. Faulty, Damaged or Incorrect Goods
- 8.1 By law, We must provide goods that are of satisfactory quality, fit for purpose and as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any parts of the order are damaged or have been made incorrectly, please contact our Customer Service department urgently by email under the "Contact us" section. We will endeavour to send replacement parts within 5 to 7 working days.
- 8.2 Please be aware by placing your order for bespoke goods with us you waive your rights to a cooling off period, provided under UK law.
- 8.3 Bespoke goods cannot be returned for a refund.
9. Cancelling the Order.
- 9.1 You may cancel at any time within 24hrs of placing your order and your payment will be returned within 5 to 7 working days. 24 hours after placing your order, the manufacturing process has begun, and it will not be possible to cancel from this point.
- 10.1 Bespoke joinery using natural materials occasionally leads to manufacturing defects. Minor defects are repaired as part of the normal manufacturing process. It is also normal to observe a minor glue line where the edging has been applied. We guarantee that for a period of 12 months from the date of delivery, the Goods will be free from material defects. This guarantee is subject to the exceptions listed in sub-Clause 10.2.
- 10.2.1 Normal wear and tear;
- 10.2.2 Deliberate damage and/or misuse of the Goods;
- 10.2.3 Accidental damage;
- 10.2.4 Failure to use the Goods in accordance with their instructions; or
- 10.2.5 The alteration or repair of the Goods by you or any third party that is not authorised by Us.
11. Our Liability
- 11.1 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
- 11.2 Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
12. Events Outside of Our Control (Force Majeure)
- 12.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control (for example, supply chain issues). Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic, pandemic or other natural disaster, or any other event that is beyond Our reasonable control.
- 12.2 If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
- 12.2.1 We will inform you as soon as is reasonably possible;
- 12.2.2 Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
- 12.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
- 12.2.4 If the event outside of Our control continues for more than 14 (fourteen) days, We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;
- 12.2.5 If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to cancel under sub-Clause 5.4 above.
13. Communication and Contact Details
- 13.1 If you wish to contact Us, you may do so by email at email@example.com
14. Complaints and Feedback
- 14.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
- 14.2 All complaints are handled in accordance with Our complaints handling policy and procedure.
- 14.3 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
- 14.3.1 In writing, addressed to Managing Director, Koobs Design Ltd, Unit 5 Bluebell Business Park, Bolton Road, Atherton M46 9JZ.
- 14.3.2 By email, addressed to Koobs MD at firstname.lastname@example.org
15. How We Use Your Personal Information (Data Protection)
- 15.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
- 15.2 We may use your personal information to:
- 15.2.1 Provide Our Goods and services to you;
- 15.2.2 Process your payment for the Goods; and
- 15.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
- 15.3 We will not pass on your personal information to any other third parties
16. Other Important Terms
- 16.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.
- 16.2 You may transfer (assign) the benefit of the guarantee in Clause 9 to any person who purchases the Goods from you after you have completed purchasing the Goods from Us.
- 16.3 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
- 16.4 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions. This is subject to sub-Clause 16.2 and any purchaser to whom the guarantee has been transferred under that sub-Clause will be entitled to enforce the guarantee.
- 16.5 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
- 16.6 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
17. Governing Law and Jurisdiction
- 17.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with English law.
- 17.2 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency