1.1 Welcome to The Used Kitchen Company website: https://www.theusedkitchencompany.com (the “Website”). Please read these terms (the “Terms”) carefully as they govern your use of the Website and the terms of our service.
1.2 The Website lists used and ex display kitchens and other furniture for Sellers who have agreed to have their Items displayed on our site. Please note that we do not sell any kitchens or other items ourselves, these are all sold by third party sellers. We simply act as an introducer and therefore we are not party to your contract with the Seller and we are not liable for any issues which may arise.
1.3 The owner and operator of the website is TUKC LLP, (also referred to in these Terms as “we”, “us”, “our” or “The Used Kitchen Company”) whose registered office is at Lynton House, 7-12 Tavistock Square, London, WC1H 9BQ and whose registration number is OC353746.
1.4 We may vary the Terms from time to time and shall post such alterations on the Website. If you do not agree to the changes made to the Terms, then you have the right to stop using the Website, and should do so immediately. Your continued use of the Website after the date the changes have been posted will constitute acceptance of the amended Terms.
1.6 To use our Website, or purchase Items from Sellers, you must be at least 18 years of age. You may register with our Website by completing and submitting our registration form.
1.7 You warrant that all information you provide to us will be true, accurate and not misleading.
2. Additional definitions
2.1 These Terms make use of the following definitions:
“Items” means the kitchen or other item(s) of furniture which you purchase from a Seller.
“Order” means the order which sets out the terms on which you have requested to purchase Items from a Seller.
“Seller” means a seller of goods that is introduced to you through the Website.
3. Using the Website
3.1 You should agree the terms of the purchase of your Items directly with us as agent for the Seller, and not with the Seller direct. If we notify you that the Seller has accepted your offer then a binding contract will be automatically created between you and the Seller for the supply of those Items once you have made payment to us for the Items.
3.2 All payments (including any deposit required) for your Items must be made only through the Used Kitchen Company. You undertake not to pay or seek to make any payments directly or indirectly to Sellers in relation to the Items or anything else they are offering for sale. We will receive your payment as agent for the Seller in full prior to dismantle/collection date and will transfer the relevant payment to the Seller.
3.3 In the event that your Order is cancelled for any reason, or if you have any complaint or claim you wish to make in respect of any Items purchased, or you wish to seek a refund of your purchase price, you must do so directly with the Seller. We pass your purchase money to the Seller and therefore we are not in a position to refund to you any monies.
3.4 If the Seller has agreed a deposit, we will pass this on to the Seller. In the event that you wish to cancel your purchase or receive your deposit back from the Seller, for any reason, you must contact the Seller directly. We are not able to intervene in such matters and we will not be in a position to return your deposit.
3.5 You acknowledge that we are not responsible for any failure by a Seller:
(a) to deliver the Items you have ordered;
(b) to return any deposit;
(c) to return any other payment made to the Seller; or
(d) resulting from any defect of any nature you may find in the Items.
3.6 We have no obligation to be present on collection or delivery of any Items.
3.7 You will be responsible for arranging the dismantling, removal, delivery and/or fitting of any kitchens or other Items (or for delivery only if it has already been dismantled). We cannot do this for you, although we may recommend third parties to you who are able to do so. Accordingly, we are not responsible for their actions or for any damage that may occur as a result. If you have any claims resulting from removal or delivery of Items, such claims must be made directly with the removal/delivery company directly. If you do not wish to use removers recommended by us, you will be responsible for arranging the removal and delivery of your Items from the Seller and any costs involved in doing so (unless otherwise agreed between you and the Seller).
3.8 We cannot guarantee that the Items you purchase will match the description or the photographs which the Seller has given to us to post on the Website. If there is any discrepancy in your Order, you will need to take this matter up directly with the Seller. We are not responsible in such a case and we will have no obligation to enter into any correspondence with the Seller to try to resolve any dispute.
3.9 We highly recommend that you inspect the Items in person prior to placing an Order to confirm measurements, condition and working order and to check for any discrepancies against the sale description.
4.1 If you register on our Website, you will be asked to supply your email address and choose a password.
4.2 You must not use your account to impersonate any other person.
4.3 You must keep your password confidential.
4.4 If you wish to cancel your registration with The Used Kitchen Company, you can do so at any time by sending an email to [email protected] requesting removal from our database.
4.5 We have the right to remove anyone from our database, if we receive complaints about that person, or for any other reason at our entire discretion.
5. Price and payment
5.1. The price of any Items will be as quoted on our site from time to time, except in cases of obvious error or as otherwise agreed in writing between us.
5.2. Prices are inclusive of any applicable VAT unless otherwise stated.
5.3. Prices on our Website are liable to change at any time, but changes will not affect Orders which you have placed and which have been accepted.
5.4. Any deposit you pay is non-refundable.
5.5 Our site contains a large number of items and it is always possible that, despite our best efforts, some of the items listed on our site may be incorrectly priced. If an incorrect price is stated on our Website, the Seller is under no obligation to provide the item to you at that incorrect price.
5.6. We accept payment by bank transfer only.
5.7 Kitchens must be paid in full prior to collection.
6.1 We are not obligated to make the Website services available to you and we reserve the right to remove you from the Website at any time and for any reason at our discretion.
6.2 We make no warranty that the Website will provide an uninterrupted service or be error free, or that any defects will be corrected. While we take steps to prevent misuse of our systems, we cannot warrant that the Website will be free of viruses or other malicious code and accept no liability for loss or damage caused from the transmission of such code. We recommend that you always use up-to-date firewalls and anti-malware software to protect your equipment and data.
6.3 We make no warranty as to the identity, integrity or behaviour of Sellers and are not liable for any dissatisfaction, loss or damage you may incur as a result of an introduction to a Seller, including without limitation any failure by the Seller to provide the requested Items in accordance with your agreed Order or the quality of any Items.
6.4 You agree and understand that The Used Kitchen Company acts as an introducer and is not a party to any contract made between you and the Seller. You will be responsible for all legal and regulatory requirements relevant to your contract with the Seller.
6.5 You agree that, unless otherwise stated in these terms, we have no liability to you in relation to any Items obtained by you which you have seen on our Website. In the event you are dissatisfied in any way, your remedy is only against the Seller.
6.6 You acknowledge that:
(a) whilst we may perform certain checks on Sellers, we cannot guarantee that such checks will always be made in each case and we are not in a position to fully confirm the identity of any person or entity registering with us;
(b) we are not party to any contract for the provision of services that you obtain from a Seller and we are not legally responsible for any transaction between you and a Seller;
and accordingly we will not be liable to any person in relation to the provision of Items or services obtained via the Website and we are not responsible for the enforcement of any contractual obligations arising out of a contract for the provision of Items or services and we will have no obligation to mediate between the parties in the event of any dispute.
6.7 While we endeavour to ensure that the information on our Website is correct, we do not warrant the accuracy and completeness of the material on our Website. We may make changes to the material on our Website, or to the items and prices described in it, at any time without notice. The material on our Website may be out of date, and we make no commitment to update such material.
7. Limitation of Liability
7.1 Nothing in the Terms shall exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
7.2 If you are dissatisfied with the Website, or the Terms, your remedy under the Terms shall be to discontinue your use of the Website.
7.3 Other than as set out above, we shall not be liable in contract, tort, negligence, statutory duty, misrepresentation, or otherwise for any loss or damage whatsoever arising from or in any way connected with the Terms or your use of the Website.
7.4 Except as expressly set out in the Terms, all conditions, warranties and obligations which may be implied or incorporated into the Terms by statute, common law, or otherwise and any liabilities arising from them are expressly excluded to the extent permitted by law.
7.5 We shall not be liable for any loss of business, loss of profits, business interruption, loss of business information, any consequential loss or damage and any other economic loss.
7.6 In the event that any limitation or exclusion of liability in the Terms is not enforceable, then we shall not be liable to you for a sum greater than £100.
8. Intellectual Property Rights
8.1 You acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, the Website (the “Intellectual Property“), including the manner in which The Used Kitchen Company is presented or appears and all information and documentation relating to it, is our property (or that of our licensors), and nothing in the Terms shall be taken to transfer any Intellectual Property to you.
9. General Terms
9.1 If any of the Terms are held to be illegal or unenforceable, such provisions shall be severed and the rest of the Terms shall remain in full force and effect.
9.2 The Terms constitute the entire agreement and replace any previous agreement or understanding (whether oral or written, express or implied) between us in respect of the matters contained or referred to in the Terms.
9.3 We reserve the right at all times to edit, refuse to post, or to remove from the Website any information or materials for any reason whatsoever, and to disclose any information we deem appropriate to satisfy any obligation we may have under applicable laws, regulatory requirements, legal processes, or to satisfy any request of the police, government or any regulatory body.
9.4 You may not assign, transfer or sub-contract any of your rights under the Terms without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.
9.5 A person who is not a party to the Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision in the Terms.
9.6 No waiver by either of us shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us or you from acting upon any continuing or subsequent breach or default.
9.7 We may revise these terms and conditions from time to time. The revised terms and conditions shall apply to the use of our Website from the date of publication of the revised terms and conditions on the Website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. If you do not agree to the revised terms and conditions, you must stop using our Website.
9.8 The Terms shall be subject to the laws of England and the parties submit to the exclusive jurisdiction of the English courts in relation to any dispute arising from these Terms or from use of the Website.