Terms & Conditions
We Kavanagh Designs Ltd sell goods and/or services on these terms. If you place an order with us the following terms will apply. Consumer Customers only: Nothing in these terms affects your statutory rights as a consumer. Business Customers only: These terms supersede any previous oral or email discussions, but liability for fraudulent or grossly negligent misrepresentation is not excluded. Any variations to these terms must be agreed in writing (but not by email). Kavanagh Designs may change these terms & conditions at any time without any prior notice. By purchasing goods or/and services you accept the stated terms & conditions as stated below.
- Errors and mis-descriptions
Occasionally errors can occur in descriptions or pricing of products. We, therefore, reserve the right, where there has been an obvious error, to cancel the contract by written notice or email to you, and to offer you the choice of a full refund (including delivery) or an exchange for the correct product and price or nearest equivalent.
The price of the goods can vary from time to time without notice at Kavanagh Designs discretion. All prices quoted shall be valid for 30 days from the date of quotation unless part of a seasonal sale.
Kavanagh Designs shall not be responsible for and reserves the right to pass on to the customer and handling, storage, transportation, packaging, delivery, transit insurance or installation charges, costs and other expenses incurred in delivering the goods to the customers address or to pass on any increase in those costs of delivery over and above that already quoted.
If delivery is delayed by the customer, or the customer is unable to take delivery of the goods for any reason, Kavanagh Designs is entitled to invoice the customer for the costs of attempted delivery or installation.
For supply only, you must pay 50% of total order price on placing the order. A further 50% will be due upon delivery of goods.
For supply and fit, you must pay 50% of total order price, a further 35% will be due upon delivery of goods and the final 15% upon completion.
We may charge interest on late payments in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 plus our costs in attempting to recover payment and / or repossess the goods.
For customers wishing to pay by credit card, please note, a 3% surcharge will be applicable to the total invoice value.
Any times or dates quoted for delivery are approximate only and Kavanagh Designs shall not be liable for any loss, damage, cost or expense resulting from any delay in advance of the quoted delivery time or date unless otherwise agreed in writing by the parties.
Customers have the right to inspect the goods and inform Kavanagh Designs within 24 hours if he/she has any complaints in relation to the quality or quantity of the goods.
Claims for shortages or visible damages to goods must be reported to the driver on delivery and any claims for visible damages or shortages will not be entertained once they have been signed for in full.
Any damages or shortages reported can take up to six weeks to arrive. Kavanagh Designs will not be responsible for any delay.
All goods will be delivered to your home address unless otherwise notified in writing.
Bathroom goods ordered will be kept in storage by Kavanagh Designs for no longer than two weeks from the customers requested delivery date as agreed and signed below.
Should the goods need to be kept in storage for a period longer than 2 weeks an additional charge of £75 plus VAT will be applicable per weel.
If you are unable to take delivery of a kitchen at the confirmed date then Kavanagh Designs will arrange storage and transport at a cost of £250 plus VAT per week
The original manufacturers packaging is part of the goods, so please retain it for at least 28 days in case you wish to return them for any reason.
- Transfer of ownership
All goods remain the property of Kavanagh Designs until we have received payment in cleared funds, but the Customer will be responsible for their safekeeping from the date they are delivered.
In the event of non-payment for any goods received, the Customer must return all goods to Kavanagh Designs upon request.
All goods must be stored in the original manufacturers packaging and must be identifiable as the property of Kavanagh Designs until they have been paid you have paid for in full.
The Customer must allow Kavanagh Designs or their representatives to enter The Customer’s premises to recover goods in the event of non-payment.
If the Customer has sold the goods or made an insurance claim in respect of them, The Customer must hold all proceeds on trust for us.
Please also note that if Kavanagh Designs are supplying the products only and not fitting the kitchen or bathroom, we shall not be held responsible for any measurements. It is The Customers responsibility to check that the kitchen or bathroom plan and unit list is correct.
Kavanagh Designs will not be responsible for giving any technical information on any products. It is the customer or fitter’s duty to obtain the information from the necessary brochures or the manufacturers direct.
Goods returned must be in the original packaging and in clean resalable condition. Goods returned otherwise will be refused, or a further additional restocking fee of a minimum of 25% will be charged to cover the additional costs involved. Bespoke kitchen and bathroom furniture cannot be returned as the items are made to order and manufacturers will not accept returned items.
In addition to your statutory rights as a consumer, we will pass on to you the benefit of any manufacturers warranties or guarantees, subject to any conditions that may apply (which will be specified in the documentation accompanying the goods). They may require return in the original manufacturer’s packaging.
Any recommendations, advice, suggestions relating to the use or storage of the goods given by Kavanagh Designs are made in good faith and shall not be liable for any loss, damage, expense arising from a customers’ reliance on such recommendations, advice and/or suggestions. Kavanagh Designs total liability for any reason (whether in contract, tort or by statute) is limited to the total order price (including VAT) We will not be liable for damage to other property, or for any consequential losses (e.g. loss of data, business or profits, liability to third parties). Applicable Law and Dispute Resolution. Your contract with us is made under English Law. If a dispute cannot be resolved by agreement, you or we may refer it to be mediated or take it to an appropriate court in the United Kingdom.
The customer shall indemnify Kavanagh Designs in full respect of any loss (including without limitation any special, incidental, direct, indirect, punitive or consequential loss or damages, including without limitation, loss of business, revenue or profits, loss of use or data, loss of savings or anticipated savings, loss of investments or loss of goodwill), damage, proceedings, suits, claims, judgement, awards, expenses and costs (including legal costs) incurred by Kavanagh Designs and a result of negligence, fault, errors or omissions of the customer or their employees, officers or representatives.
GENERAL DATA PROTECTION REGULATIONS
At Kavanagh Designs we take protecting your information and your privacy very seriously. Along with our other systems, this website is designed to comply with the EU General Data Protection Regulation 2018 (GDPR), and the UK Data Protection Act 1988 (DPA). Our partners (third party data processors) who support us in the provision of this website also comply with these provisions.
This policy explains how we collect, process, manage and store information.
1 Data collection and storage:
1.1 Log files:
As with all websites, each time your browser accesses our site our web server will collect and record information about your visit. This data is recorded in the sites log files and will include:
- Date & time of access
- URL of the referring website
- Browser type and version
- Operating system
- Files accessed
- Your IP address
This log data does not contain personal data and as a general rule we only access log data in order to remedy faults or to clarify security incidents.
1.2 Google analytics:
This site uses Google Analytics to track user interaction. We use this data to evaluate the number of people visiting this site and to understand how people find and interact with our site.
Google Analytics collects and records data such as:
- The date and time of access
- The URL of any linked website
- The files and pages accessed
- The browser type and version
- The operating system
- Your geographical location
- Your device type
In addition to the above, Google records your IP address which could be used to personally identify you. However, Google do not grant us access to this information.
None of the Google Analytics data available to us contains any personal information that could be used to identify you and none of the data is stored by us.
Disabling cookies on your browser will stop Google tracking your visit to this website.
1.3 Contact form:
Should you contact us through the contact form on our website or through an email link or telephone number link on this site, none of the data you supply will be stored on this website and none will be passed to third parties except to our data processers as specified below for the handling of your enquiry.
Data entered into our contact form is sent to us over the Simple Mail Transfer Protocol (SMTP). Our SMTP servers are protected by SSL/TLS meaning that the email content is encrypted.
Data provided to us through our contact form and / or received by us as email will be stored on our Gmail server. We retain all emails only on our Gmail mail server. No emails are stored locally.
All emails are stored indefinitely unless the removal of the data is specifically requested.
1.4 Customer data:
If you have purchased goods or services from Kavanagh Designs, we will have recorded data that could include your name, address, email address, phone number, mobile number, company name, job title and other details including a record of your purchases.
1.5 Supplier data:
If Kavanagh Designs has purchased goods or services from you, or shown an interest in doing so, we will have recorded data that could include your name, address, email address, phone number, mobile number, company name, job title and other details.
2 Data retention policy:
We do not share or distribute any of your personal data or any other information to any companies or individuals other than our third party data processors (see section 3 of this document).
If you do not want us to keep your details, you may contact us and request the data to be removed. Other than accounting and other data that we are obliged by law to retain for 6 years, your data will be removed within 48 hours.
Our legal grounds for processing and retaining data are as follows:
2.1 Data from website log files and analytics:
Our legal ground for processing and recording this data is to allow us to properly administer and keep up to date the content and relevancy of our website.
2.2 Data from our contact form, email or any other form of enquiry:
Our legal ground for processing and recording this data is to allow us to properly communicate with you about your enquiry.
2.3 Newsletter mailing list:
Our legal ground for processing and recording this data is that consent has been freely given by you for us to do so. You may at any time request removal of your email address from our mailing list by clicking the unsubscribe link on any of our email newsletters.
2.4 Customer data:
Our legal grounds for processing and recording this data are to allow us to properly implement and manage a contract to which you are party and also to maintain records of contracts as are required by law.
2.4 Supplier data:
Our legal grounds for processing and recording this data are that consent has been freely given for us to do so in order to facilitate communications and dealings between our respective companies, to allow us to properly implement and manage a contract or contracts to which the data subject is party and also to maintain records of contracts as are required by law.
3 Third party data processors:
We use the third party data processors who store data on our behalf. These third parties include Google, Xero and Hubspot. They are EU-US Privacy Shield compliant.
4 Data breaches:
We will report any unlawful data breach of this website’s database or the databases of any of our third party data processors to any and all relevant persons and authorities within 72 hours of the breach if it is apparent that personal data stored in an identifiable manner has been stolen
5 Data controller:
If you have any questions about this policy you may contact our data controller through our contact form here. Please include the words “For the attention of the Data Controller” in the first line of your message.
Alternatively, you may email our data controller at [email protected]
6 SSL encryption:
All traffic and transfer of files and data between this website and your browser is encrypted and delivered over HTTPS
7 External links:
This website might include links to other websites. We have no influence on those sites or their compliance with the provisions regarding data protection. We cannot be held liable for any damages or implications caused by visiting any external links mentioned
We collect, keep and use your data responsibly and securely, and only share it when absolutely necessary to provide you with a better service – for example giving your address to a delivery courier or a partner supplier