Terms & Conditions

This page gives detailed information on the terms and conditions on which Frank Hadley Design Ltd (the Company) supply any of the Products (Products) listed on our website www.frankhadleydesign.co.uk to the customer. It should be read in conjunction with the current specification guide. It is important that you have read and understand these Terms and Conditions in detail before ordering kitchen furniture or other Products through Frank Hadley Design Ltd. Customers should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. Please print a copy of these terms and conditions for future reference.

GENERAL

Frank Hadley Design Ltd is a registered trading name, a company registered in England and

Wales under company number 11406504, registered office address: Unit 6, Riverside Business Centre, Brighton Road, Shoreham-By-Sea, West Sussex, England, BN43 6RE. Our main trading address is 10 Blackcap Close, Rowlands Castle, Portsmouth, Hampshire, PO9 6HD. Our VAT number is 317 0247 32. The Company consists of a supply only kitchen & bedroom business, using website www.frankhadleydesign.co.uk. The Company also operates a telephone service to deal with enquiries and after sales issues for those customers who wish to purchase or have purchased Products. The registered telephone number is 02392 412 008. Customers can also contact the Company online using the online quote form, enquiry form or emailing enquiries@frankhadleydesign.co.uk. All tenders and quotations are submitted, and all orders accepted solely upon and subject to the following terms and conditions to the exclusion of all other terms and conditions except such (if any) as are specifically accepted by the Company in writing. Acceptance of delivery shall be conclusive evidence of acceptance of these terms and conditions. Any provision or condition in the buyer’s order form or elsewhere which conflicts with or in any way qualifies or negates any of these terms and conditions shall have no effect and these terms and conditions shall prevail. No variations to these terms and conditions shall be binding unless in writing signed by an authorized representative of Frank Hadley Design Ltd. The Customer should not rely on any other documents or on any oral representations. 

CUSTOMER STATUS

By placing an order through Frank Hadley Design Ltd, you warrant that:

• you are legally capable of entering into binding contracts. 

• you are at least 18 years old; and 

• you have read and understood the guidance in our specification terms as to how orders should be made

• you have read and understood the terms and conditions outlined in this document 

• you are resident in the United Kingdom.

QUOTATIONS 

Any quotation, estimate or price given by the company is given in good faith but constitutes only an invitation to the customer to make an offer and any order of the customer placed with company pursuant of a quotation, price or estimate given by the company is not binding on the company until such time as the order is accepted by the Company 

SAMPLES & TELEPHONE ASSISTANCE 

The Company may, on the website or on request, provide to the customer samples, descriptions and/or drawings of the Products or advertising catalogues or brochures, these are produced solely to provide the customer with an approximate idea of the Products they describe. They are not provided to give an indication of the quality, size, colour or description of the Products, which the Company supplies. Certain samples are subject to a small charge, which will be notified to the Customer at the time the sample is requested. Such charge will be refunded either when a full order is made and Order Confirmation sent or when they are returned to the Company, in either case, provided they are returned in good and resalable condition.

In addition to the website the Company also provides a telephone number. This number is there for customer contact with kitchen designers, to answer enquiries and provide advice and assistance to customers in relation to our Products. It does not create any further obligations to customer from the Company contractual or otherwise, unless any such representations made are agreed with the customer in writing. Save in relation to fraud or fraudulent misrepresentation, the Company shall have no liability for any representations not agreed in writing, even if they prove untrue or misleading.

ORDERING INFORMATION

The Company are happy to accept orders through two different means. 1. Using the online quotation form. A designer will be in touch regarding customer requirements, provide 3d drawings if required, and provide the customer with a quotation for the exact specification. 2. By sending an e-mail with a general list of requirements and architectural drawings if appropriate. The Company will reply with a detailed quotation.

BESPOKE, MADE TO ORDER KITCHEN FURNITURE ORDERS

The Company’s process allows the customer to provide their own specific measurements and specifications, it also provides the customer with the opportunity to send to the Company any special requirements or instructions. Please ensure all of these are completed fully and accurately, as the Company shall not be liable for any defects or incorrect Products delivered as a result of the customer’s failure to provide correct information to enable the Company to deliver the Products in accordance with the Contract. Customers cannot cancel, return, or obtain refunds for items that are made to the customer’s own specification or size (unless manufactured incorrectly by Frank Hadley Design Ltd). It is essential that the customer is happy with the kitchen order prior to confirming/making any payment for the order (including deposit). All the kitchen units the Company produce are made to order (not taken from existing stock) to the customer’s own specification.

When placing an order for a painted kitchen please be aware of the following: –

•  Due to the bespoke nature of a painted product, it is not possible to cancel or return orders once they have entered the production stage or have been delivered. 

•  Although the Company strive to maintain consistency, for a bespoke painted product there will be batch-to-batch variances and the Company cannot guarantee an exact colour match between orders. 

•   Bespoke painted products are susceptible to cracking along joints. Touch-up paints are available to order. 

•  The paint colours on our sample doors are indicative of the colours and finish in our bespoke painted range but may not be exact due to batch variances mentioned above.

•   Depending on the timber used to manufacturer the doors, there maybe a variation in grain. This is unavoidable given that timber is a natural product (not man made). 

ORDER CONFIRMATION 

Orders are only placed at point of customer confirmation and acceptance of quotation. The Order Confirmation will include an order number, please quote this order number in all subsequent correspondence. The contract between Frank Hadley Design Ltd and the Customer (Contract) will only be formed when we send you the Order Confirmation. The Contract will relate only to those Products whose order we have confirmed in the Order Confirmation. 

V.A.T 

Frank Hadley Design Ltd reserve the right to revise any agreed prices to take account of changes in rates of value added tax and any new taxes or impositions by the United Kingdom government, which take effect after the date of contract.

CARRIAGE

An estimated carriage costs will be included within our quotation. Frank Hadley Design Ltd reserve the right to revise these charges to take account of actual delivery costs at the time of delivery. Frank Hadley Design Ltd cannot accept any liability for goods transported by others and/or contracted by a third party, namely you, the client. Once your goods have left our care, the designated freight forwarder is legally responsible for taking all the necessary steps to protect and preserve that consignment. This means the forwarder is liable to the owner (you) for any subsequent damage or loss, not Frank Hadley Design Ltd or any division of Frank Hadley Design Ltd as a company. Your chosen freight forwarder or third party will sign the ‘delivery note’ to confirm all goods received in perfect condition.

DELIVERY

Delivery dates are given in good faith and are adhered to as closely as possible but as all products are made to order no responsibility is accepted for any unforeseen delays subsequently arising or for any consequential loss or damage caused to the customer or third parties as a result of any delays for whatever reason. Time should not be of the essence in relation to the times and dates of delivery and the Customer should accept reasonable variations of such dates and times. The Company does not undertake to deliver or collect any load over roads or ground which it considers unsuitable and accepts no responsibility for damage to roads, driveways or paved areas, save where such damage is occasioned by proved negligence of a Company servant. Where delivery is refused by the Customer or is delayed at the request of the Customer or where the Company is unable to deliver the Goods due to circumstances beyond it’s reasonable control, the Company on giving notification of readiness to deliver shall be entitled to treat the contract as fulfilled and shall place the goods into store. Delivery will be deemed to have taken place for invoicing payment and the passing of risk. The Company at the Customer’s request shall and in any event may arrange insurance covering the major perils endorsing his own interest. Should the customer delay delivery beyond 5 days of the initial agreed delivery date, the cost of storage and insurance of the goods shall be for the Customer’s account, at a minimum amount of £20.00 per day.

CLAIMS

Risk of loss passes to the Customer at time of shipment. Customer shall inspect all Products upon receipt for visible damage to the Product as well as the packaging. Damage to the packaging alone does not constitute damage to the Product and will not be considered valid for claim purposes. Customer must note any damages on the delivery receipt upon delivery and notify Frank Hadley Design Ltd. Any damages must be reported to Customer Service within 24 hours of receipt. The Company will repair or replace Product damaged in shipment only if the customer has notified the Company of the damage within 24 hours of receipt. All Product and packaging must be retained for inspection.

PRICING AND PAYMENT

Terms of payment are 50% of total cost with order. The balance payable 5 DAYS prior to delivery, failure to meet this request may result in delivery being rescheduled/delayed and an administration fee of £50.00 + vat and subsequently potentially any storage costs mentioned below. The Company accepts Bank Transfer as payment. The price of the Products and our delivery charges will be as quoted on the website and the specification guide, except in cases of obvious error. Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation. We reserve the right to set a minimum order value for complete kitchen orders. This is due to the manufacturing process of making each kitchen to order. Please note that small orders for extras for existing kitchen orders and door/unit samples can still be ordered.

TITLE OF GOODS

Ownership of the goods shall not transfer to the Customer until the Company has received full payment. The risk to the goods of loss or damage passes to the Customer on delivery irrespective of whether title to the goods has passed or not. Goods collected from the Company’s premises shall be deemed to have been delivered when they have been loaded on to the Customer’s vehicle or otherwise in the Customer’s possession

CANCELLATION

We do not hold stock. All sales are final and cannot be returned. Should the customer not wish to accept delivery of bespoke commissioned furniture manufactured for them, we cannot offer a refund. These are considered as special orders; all sales are final and may not be changed or cancelled at any time.

CANCELLATION OF ORDERS BY THE COMPANY

The Company reserves the right to cancel any order at any time for whatever reason, in which case all funds paid by customer will be returned.

HELD ORDERS/STORAGE

If customer requests that an order be held or delayed, prices and terms and conditions in effect at time of order shall apply. Arrangements for holding/storage will be made directly between the customer and the Company. Should the customer delay delivery beyond 5 days of the initial agreed delivery date, the cost of storage and insurance of the goods shall be for the Customer’s account, at a minimum amount of £20.00 per day. Any costs associated with the storage including demurrage, preparation for storage, storage charges and handling shall be billable by the carrier and payable by the customer before delivery.

CUSTOMER COMMUNICATION

By providing contact details to Frank Hadley Design Ltd, the customer will be indicating consent for the Company to make contact by email and SMS with order updates, delivery or offers/promotions, which may be of interest, unless the customer indicates an objection to receiving such messages. You can also unsubscribe from marketing email communications from within our emails.

GUARANTEE

Frank Hadley Design Ltd guarantees the products it manufactures are free of defects in workmanship and material, and on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which Products of that kind are commonly supplied. If any defect covered by the guarantee appears to a product during the applicable guarantee period (20 years) from the date of shipment, Frank Hadley Design Ltd shall, upon prompt notice, repair or replace, at its option and costs, the affected part or parts. The liability of the Company is limited to the replacement of products supplied by the Company and does not extend to any consequential loss, damage, or expense suffered by the Customer or third party. This guarantee does not apply to: normal wear and tear, or acts or omissions of parties other than Frank Hadley Design Ltd including user modification, dramatic temperature and humidity variations or exposure to unusual conditions.

LIMITATIONS OF LIABILITY

The Company, its contractors and subcontractors or suppliers of any tier shall not be liable to the customer for any special, indirect, incidental or consequential damages arising from Products or from a breach of this Agreement. Except as specifically provided in these conditions, no liability is accepted for any direct or indirect costs, damages or expenses relating to damage to property or injury or loss to any person firm or company or for any loss of profits or production arising out of or occasioned by any defect in or failure of goods or materials or parts thereof supplied by the Company. To the extent that the laws of any jurisdiction do not permit limitations or exclusions of implied warranties, incidental damages and consequential damages, the above limitations may not apply. In such jurisdictions, the above limitations shall be enforced to the greatest extent permitted by applicable law.

CLAIMS

Any dispute and /or claim, which cannot be settled amicably, shall (except in the case of consumer sales) be referred to arbitration by a sole arbitrator appointed in accordance with the provisions of the Arbitration Acts 1950 to 1979.

SPECIFICATION

The Company reserve the right to modify or amend without notice the specification of any Products. There is a high proportion of handwork in the Products, consequently there will be slight variations in items, and this should be accepted within reason. Any goods manufactured, treated or milled to the design, quantity, measurement or specification of the Customer are produced without warranty of any kind except their compliance with the design, quantity, measurement or specification. The Customer will unconditionally fully and effectively indemnify the Company in respect of any claim resulting there from including the infringement of patent, copyright, design, trademark or any other industrial or intellectual property rights resulting from the Company’s use of the said design or specifications.

DELAY/FORCE MAJEURE

The Company shall not be liable for failure to perform or for delay in performance due to fire, flood, strike, trade dispute or other labour difficulty, act of God, act of any governmental authority or of the customer, riot, embargo, fuel or energy shortage, wrecks or delay in transportation, inability to obtain necessary labour, materials or manufacturing facilities from usual sources or failure of suppliers to meet their contractual obligations or due to any cause beyond its reasonable control. If any such event occurs, the Company may extend delivery date by a period of time necessary to overcome the effect of such delay, allocate available Product or cancel any purchase order.

COMPLIANCE WITH LAW

CUSTOMER IS SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL LAWS, ORDINANCES, REGULATIONS, RULES, AND STANDARDS RELATING TO THE

INSTALLATION, MAINTENANCE, USE AND OPERATION OF THE PRODUCTS.

STATUTE

Nothing in these Terms and conditions shall be deemed to exclude or restrict the Company’s liability for death or personal injury resulting from negligence To the extent that any condition herein would by virtue of the Unfair Contract Terms Act 1977 be of no effect that condition shall not apply.

SEVERANCE

If any of these conditions or part of a condition is found to be invalid for any purpose it shall for that purpose be deemed to have been omitted without prejudice to the effectiveness of all other conditions or parts of conditions.

LAW APPLICABLE

All contracts are deemed to be entered into in England and shall be governed and constructed in accordance with English law.

Effective March 2022

Frank Hadley Design Ltd