TERMS AND CONDITIONS OF SALE

1. Definitions In these Conditions, unless the context otherwise requires:

a. “Buyer” means the person who buys or agrees to buy the goods from the Seller;

b. “Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller;

c. “Goods” means the goods and/or services which the Buyer agrees to buy from the Seller;

d. “Price” means the price of the Goods;

e. “Seller” means Kaboodle Limited, a company incorporated in England and Wales with Registered Number: 5908201 and having its Registered Office at Unit 5B Motorway Industrial Estate, Babbage Road, Stevenage, Hertfordshire SG1 2TU.

2. Conditions Applicable

2.1 These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchaser order, confirmation of order or similar document. Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

2.2 Catalogues, brochures, sales literature or oral or written representations made by the Seller’s employees are not intended to form part of these Conditions.

2.3 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions and acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.

3. Price and Payment

3.1 The Price of the Goods shall be the Seller’s quoted price and it shall be exclusive of VAT, which shall be payable in addition. Unless otherwise stipulated by the Seller, the Price shall be inclusive of carriage, packing and insurance.

3.2 The Seller may at any time before Delivery of the Goods by giving notice to the Buyer increase the Price to reflect any increase in the cost to the Seller which is due to factors beyond the reasonable control of the Seller, including (but without limitation) foreign exchange fluctuations, taxes, the cost of labour, materials and other manufacturing costs, provided that the Buyer may cancel the contract within 7 days of any such notice from the Seller.

 3.3 The Buyer will pay the Price in on the due date for payment as set out in the Seller’s invoice and the time for payment shall be of the essence. The Buyer may not withhold payment of any invoice or other amount due to the Seller by reason of any right of set off or counterclaim which the Buyer may have or allege to have for any reason whatsoever.

3.4 If the Buyer fails to pay the Price (or any part thereof) on the due date for payment then, without prejudice to any of the Seller’s other rights, the Seller may (i) suspend or cancel delivery of the Goods to the Buyer; and/or (ii) appropriate any payment made by the Buyer to such of the Goods (or Goods supplied under any other contract with the Buyer) as the Seller may in its sole discretion think fit; and/or (iii) charge interest on all sums outstanding from the due date for payment until receipt of payment in full from day to day at a rate of 2% above the base rate of Barclays Bank plc from time to time, both before as well as after any judgement.

4. The Goods

4.1 The Goods shall be supplied in accordance with the description contained in the Seller’s specification or manufacturer’s catalogue. The Seller may from time to time make changes to the specification of the Goods without notice to the Buyer which are required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the Goods.

4.2 All specifications, drawings, samples and information provided by the Seller to the Buyer shall remain the exclusive property of the Seller and shall not be disclosed by the Buyer to any third party without the Seller’s prior written consent.

4.3 All Goods sold in retain packaging may be resold by the Buyer only in the packaging supplied by the Seller and in no case should any trade mark other than those applied by the Seller be marked on or applied in relation to the Goods. No right or licence under any patent, trade mark, copyright or other intellectual property is granted under these Conditions other than the right to use or resell the Goods.

5. Delivery

 5.1 Delivery of the Goods shall be made to the address stipulated by the Buyer. The Buyer shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery and the Buyer shall be deemed to be responsible for any damage to the Goods occurring during unloading.

5.2 Any date quoted for delivery of the Goods is indicative only and the Seller shall not be liable for any loss or damage whatsoever due to failure by the Seller howsoever caused to deliver the Goods (or any part of them) promptly or at all.

5.3 The Seller may deliver the Goods by separate instalments and the failure of the Seller to deliver any one or more of the said instalments shall not be deemed to constitute or to manifest an intention to abandon the contract in any respect and shall not entitle the Buyer to treat the contract as repudiated.

5.4 The failure or refusal of the Buyer to take delivery of the Goods (or any part thereof) shall entitle the Seller, without prejudice to any of the Seller’s other rights, to (i) without notice suspend further deliveries of the Goods; and/or (ii) store the Goods until actual delivery and charge the Buyer for the cost of storage and insurance and any other incidental costs; and/or (iii) sell the Goods at the best price readily obtainable by the Seller and (after deducting all storage, insurance and other selling expenses) charge the Buyer for any shortfall below the Price.

6. Acceptance of Goods

6.1 The Buyer must carefully examine all Goods immediately on delivery. If any of the Goods are damaged or there are any shortages the Buyer must notify the Seller of the same in writing, providing reasonable detail of the claim within 24 hours of delivery. If the Buyer fails to comply with these provisions the Goods shall be conclusively presumed to be in accordance with the contract and free from any defect or damage and the Buyer shall be deemed to have accepted the Goods.

6.2 The Goods may be covered for defects in accordance with a manufacturer’s warranty.  Any such claims should accordingly be intimated to the manufacturer direct. The Buyer should seek confirmation from the Seller as to whether such a warranty exists in relation to the Goods.

6.3 On receipt of a valid claim in accordance with clause 6.1 the Seller may (at the Seller’s sole discretion) repair or replace the damaged Goods (or the appropriate part thereof), deliver the missing Goods, or refund the Price (or the appropriate part thereof) and the Seller will have no further liability to the Buyer.

7. Risk and Property

7.1 The Goods shall be at the Buyer’s risk as from delivery and where delivery is to be made at the Seller’s premises the time of delivery shall be deemed to be the time when the Seller notifies the Buyer that the Goods are available for collection.

8. Liability

8.1 The Seller shall be under no liability whatsoever to the Buyer for any indirect loss and/or expenses (including loss of profit) suffered by the Buyer arising out of a breach by the Seller of these Conditions.

8.2 The Seller shall not be liable for any breach of these Conditions arising from circumstances beyond the reasonable control of the Seller, including (but without limitation) any act of God, war, civil disturbance, strike or other industrial action, inclement weather conditions, or compliance with any law or governmental order.

9. Insolvency of the Buyer

9.1 If the Buyer fails to make payment of the Price or commits any other breach of these Conditions or if any distress or execution shall be levied upon any of the Buyer’s goods or if the Buyer offers to make any arrangement with its creditors or if any bankruptcy petition is presented against the Buyer or if the Buyer is unable to pay its debts as they fall due or if being a limited company, any resolution or petition to wind up the buyer (other than for the purpose of bona fide amalgamation or reconstruction without insolvency) shall be passed or presented or if a receiver, administrator, administrative receiver or manager shall be appointed over the whole or any part of the Buyer’s business or assets or if the Buyer shall suffer any analogous proceeding under foreign law, all sums outstanding in respect of the Goods shall become payable immediately. The Seller may at the Seller’s sole discretion and without prejudice to any of the Seller’s other remedies (i) suspend all future deliveries of the Goods to the Buyer; and/or (ii) terminate the contract without liability on the Seller’s part; and/or (iii) exercise any of its rights pursuant to clause 7.5.

10. Notices

10.1 Any notice under or in connection with these Conditions shall be in writing and shall be served by first class recorded delivery post or by hand to the address of the party set out in these Conditions and in the absence of evidence of earlier receipt, any notice shall be deemed to be duly served if sent by recorded delivery post 3 days after posting and if delivered when left at the relevant address.

11. General

11.1 Headings are for ease of reference only and shall not affect the construction of these Conditions.

11.2 Any provision of these Conditions which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of these Conditions.

11.3 No waiver or forbearance by the Seller (whether express or implied) in enforcing any of its rights under these Conditions shall prejudice its right to do so in the future.

11.4 The Seller may sub-contract all or any part of its rights and obligations under these Conditions without the Buyer’s consent.

11.5 These Conditions shall be governed by the English Law and the parties hereby submit to the exclusive jurisdiction of the English Courts.

11.6 Kaboodle do not accept retention deductions from any payments.


Trade Sales

Please note that all B2B trade sales fall outside the Consumer Contracts regulations and are covered only by the Sale of Goods Act 1979 to which we will adhere.


Guarantee

All items carry a minimum twelve months parts and labour guarantee issued by the manufacturer which is limited to domestic use only. Appliances used in a commercial environment will not be covered under this guarantee unless otherwise stated.


General Points

Please check that your appliances are correct and undamaged prior to arranging installation. Any damage must be reported to Kaboodle within 3 working days of delivery. The connection or installation of an appliance is deemed to be an acceptance of that appliance, exchanges will only be possible in the event of a fault beyond reasonable repair.

Kaboodle can only collect old machines at the time of our delivery, we cannot return to collect old machines that were not ready at this time.

The cost of your new appliance does not include installation, disconnection of old appliances, furniture or door removal or any alteration that may be required to accommodate your new appliance.

Kaboodle are not able to offer specific times for delivery. However Kaboodle will make a pre-call (usually 1 hour) prior to delivery.


Website Information

Descriptions and dimensions of products on the Kaboodle website are sourced from the manufacturers own specifications. Sizes given are of the product itself and do not include any handles, knobs, controls or other projections. Kaboodle makes every effort to provide 100% accuracy however if things go wrong we will endeavour to put them right as soon as possible. Images on this site should be used as a guide only.


Matters beyond our control

1.1 The Company will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by events outside our reasonable control (Force Majeure Event).

1.2A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:

Industrial action, strikes, or other Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or Impossibility of the use of public or private telecommunications networks

Our obligations under these terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take all reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these terms can be performed despite the Force Majeure Event.


Delivery Failures

Whereas Kaboodle take the utmost care in supplying and delivering your order, we accept no liability for claims for consequential loss as a result of failed deliveries.

Goods which are specifically ordered to your requirements will be subjected to a 15% handling and administration charge should you decide not to accept delivery, change or cancel the order. No credit will be given for goods which are not returned in their original packaging or arrive damaged in any way. It is at the customer’s own expense to arrange the return of unwanted goods and to ensure safe carriage.

Our delivery service is limited to, and costed for, delivery to your ground floor property by our two man teams. Delivery is also costed for one delivery, if multiple deliveries are required on separate days this may incur an additional delivery charge.

We ask that you advise us of any difficulties which may necessitate the need for an extra person. If we are asked to unpack or manoeuver appliances in your home we will of course endeavour to assist and we will take every care, but we cannot be held responsible for any damage howsoever caused when acting under your instruction.

Please note that in some situations we may use a kerbside delivery service for orders outside our delivery area. Please ask at the point of ordering for alternative options if this is a problem.

The title to the goods shall not pass to the buyer until payment has been received in full.

Any queries regarding deliveries being made by ourselves should be directed to our customer care team on 020 3191 1077.

Data Protection Act Notice: Your details may be passed on to other related companies for marketing purposes, should you wish to be excluded from this please advise us.


Customer Reviews

Any customer reviews of the products we sell are the opinions of our customers and do not form part of the specification or description of the product. We shall not be liable if any of the information contained in a customer review proves inaccurate.

You acknowledge and agree that: The copyright in the photos, videos, data and text used on our website belongs to us or our suppliers and the general look and feel and format of our website belongs to us. You are permitted to use this material only as expressly authorised by us or our suppliers.

We are entitled to change or amend our website without giving you notice (but the terms and conditions applicable when you placed your order will continue to apply to those products).


Information About Us and How to Contact Us

Kaboodle Limited is a company registered in England and Wales. Our company registration number is 5908201 and our registered office is at:

Unit 5B Motorway Industrial Estate, Babbage Road, Stevenage, Hertfordshire, SG1 2TU

Our registered VAT number is 856269193

If you have any questions please contact us. Our intention is to give you all of the information you need so you can deal with in a convenient way. However, if you want to check something, change something, ask a question or simply find out about life in general then please call us on 020 31911077. Alternatively, you can email us on sale@kaboodleit.com or write to us at the address given above.


General

The contract made between us and all our and your rights and obligations shall be governed by English law and any disputes arising under it shall be heard in the English courts.

Security & Privacy

1) Privacy Policy

Kaboodle is committed to the compliance of the rules laid out in the data protection act 1998. Every single care is taken to ensure safe transfer, storage and protection of all customer related data.

2) Safe shopping from a site you can trust

Kaboodle have been in business for over 16 years now, our website is designed to be easy and safe to use.

3) Secure online ordering and payment processing

All credit or debit card transactions are processed through STRIPE which utilises 128 bit SSL encryption, the same high standard as Internet banking, to process card transactions through this website. Payment details are captured within our secure STRIPE infrastructure and stored on our secure server to enable you to shop with confidence.

4) Order by phone

If you still prefer to order by phone feel free to do so on 020 3191 1077

5) Kaboodle may occasionally use tracking software to monitor customer usage on this website. Your IP address is not logged, just your actions, what you search for so we can make the website as good as possible.


Consumer Terms & Conditions

There are some areas in the UK where we may be unable to deliver certain products. These are: Channel Islands, Isle of Skye, Isle of Man, Orkney Isles, Scottish Isles Minor, Shetland Isles and Ireland. Please call us for delivery and installation charges applicable across England and Wales.


Installation Terms and Conditions

Installation

We offer an installation service for most of the products we sell, but we won't be able to connect your new items if:

  • Any electrical/plumbing supplies needed fail the delivery team's testing or are unsuitable.
  • Any water supply needed cannot be isolated or is unsuitable.
  • Any drainage/waste facilities needed are unusable.
  • Mechanical adjustments are required to the item(s) to overcome such things as water pressure etc) Alterations to existing plumbing and electrical are required.

 If you're making use of a connection/installation service and haven’t opted for our disconnection service, please disconnect (and defrost if necessary) the appliance before we arrive.

 From time to time we may offer installation services as part of a promotion, for example half price or free installation. Postcode restrictions apply, you can find out if installation is available in your area in the checkout.


Conditions for Gas and Electric Installation

We have an elite team of Gas Safe engineers who are also skilled in electrical connections and able to install your new cookers, range cookers, hobs and ovens. The charges for our gas and electrical installations are clearly highlighted on our Gas and Electrical Connection page.

If you need us to disconnect your old appliance, we will do this when we arrive (and for gas and hard-wire installations, disconnection is included in the installation charge).

As you can probably imagine, for your safety, there are a lot of rules around connecting cookers so there are things that we need you to check before we arrive:

Please ensure that you have suitable ventilation. This could be an extraction fan or a window that opens.

You need to check the dimensions of your new appliance and make sure there'll be enough room around the back and side for ventilation once we've installed it. You need to make sure you've got an adequate gap between your cooker or hob and anything above it. The dimensions of this space, known as the "Hot Zone", need to comply with the manufacturer requirements and Gas Safe legislation. It also needs to be completely clear of any flammable materials, such as wallpaper, cupboards or shelves and plug sockets. If we arrive and the Hot Zone isn't clear, we won't be able to complete your installation.

There needs to be an existing gas supply to the installation point. The room that we're connecting into needs to have a door or window to the outside of the property to allow for adequate ventilation and we also need access to a 3 pin electric socket within 1.5 metres of the installation area

If you're planning to run your appliance using cylinder gas, you'll need to make us aware when you place your order. This helps us make sure we've got everything we need to connect it when we arrive!


Installing Hobs and Cookers

We will install all hobs based on the current hole in the worktop not being any larger than the size of your new hob. If required, we can make this hole bigger to install the new hob but we can only cut into worktops that are made of wood. This means surfaces such as granite, composite or metal will have to be the right size for installation before we get there.

For electric cookers and hobs, we need to be able to access an isolation switch and electricity supply at the connection point.

There are some induction hobs we can't connect due to the type of wiring required and we'll only be able to know for sure when we arrive. If this happens, you'll need to call out an electrician to complete your installation.

If we are connecting a built-in or built under oven, we'll also assess the housing before installation to make sure it's safe for use and can hold the weight of the appliance. We'll check to make sure there isn't any existing damage and unfortunately, if we do find damage, we'll not be able to fit your appliance.  You need to make sure you've got an adequate gap between your cooker or hob and anything above it. The dimensions of this space, known as the "Hot Zone", need to comply with the manufacturer requirements and Gas Safe legislation. It also needs to be completely clear of any flammable materials, such as wallpaper, cupboards or shelves and plug sockets. If we arrive and the Hot Zone isn't clear, we won't be able to complete your installation.

There needs to be an existing gas supply to the installation point. The room that we're connecting into needs to have a door or window to the outside of the property to allow for adequate ventilation and we also need access to a 3 pin electric socket within 1.2 metres of the installation area

If you're planning to run your appliance using cylinder gas, you'll need to make us aware when you place your order. This helps us make sure we've got everything we need to connect it when we arrive! To install a gas item, our engineers will need to switch off your gas supply so that they can carry out the work safely. We'll always turn back on and attempt to restart any items you need us to. However, on occasion, some gas items - such as boilers - may not restart and you'll need to call out a Heating Engineer. This is very rare but if it does happen, we will not be responsible for any boiler repair costs.


Wet fit terms and conditions

1)     Standard wet fit connection in Domestic property

For customers within our territory, we can connect/install your freestanding/Built-in appliance. In order to make your installation go as smoothly as possible we need to bring to your attention the following points below including the limitations within the standard installation service. Please take time to read the points below;

2) Please ensure water feed pipes and valves plus waste outlets and electric points are fully accessible and within 1.5 metres of either side of the appliance. Where possible, please check the water shut off values are in working order as our standard service charge does not cover the cost of any major plumbing or electrical works.

3) Minor plumbing work for example blanking caps will be charged as extra should they be required. You will be advised prior to commencement of any extra charges.

4) Please ensure you have correctly measured the space for your appliance as it may be taller, wider or deeper than your old one, in which case, you may require a specialist installer at extra cost to make the necessary adjustments to your cabinetry.

5) Large heavy items require us to use trolleys. Under your instructions, our installer will walk your planned route with you and expect you to have any special floor coverings you may require in place. Our installer will advise on any delicate items or obstructions that may need to be removed.

6) Can you please ensure any vinyl or soft flooring is protected, we will always take every care to avoid damage, however we will not accept any claims for damage that may occur to your unprotected flooring whilst under your direction.

7) Prior to commencement

a) Our driver will check all connections to confirm suitability for reconnection. Please locate your mains shut off valve prior to our arrival.

b) The standard service is a like for like service and does not include carpentry, major electrical work, or plumbing other than a straightforward connection to a suitable supply in good working order.

c) We will not be able to connect your machine in a bathroom or shower room.

d) We will advise you of any problems or risks with your services that we perceive prevents us disconnecting the old & reconnecting the new appliance. Our assessor may offer advice on a satisfactory outcome but you are not obliged to act on such advice and should not use it as the basis of a professional opinion.

e) Kaboodle cannot be held responsible for damage or leakage on existing pipe work or any item not installed by us.

f) Kaboodle reserve the right to refuse to disconnect & or reconnect as a standard service, should it be deemed by our assessor to place the customer, the property or our staff at risk in any way. In these instances the standard service charge will be refunded in full and a suitable specialist recommended.


Can you recycle my old appliance?

For a small fee of just £10 (£15 for refrigeration appliances) we can take away your old appliance and recycle it for you.

We would reserve the right to charge up to £25 for larger items such as heavy Range Cookers or American Fridge Freezers. Please ask for further information if in any doubt and make sure you request this service at the time of ordering.

We can generally only collect items that we deliver on our own vehicles within our territory, however there are some exceptions to this, so please ask for details.

We will take your old appliance following disconnection. Please ensure that Refrigeration appliances are emptied and defrosted prior to our arrival.

Our Gas Safe registered installers can disconnect Gas appliances for you and our 17th Edition electrical installers can disconnect all mains wired cookers.

All the goods collected for recycling are deemed to be without value.

Not all council sites are able to collect all types of waste electrical goods but to find your nearest participating site, and for advice on all aspects of recycling at home, please visit www.recycle-more.co.uk


What is WEEE?

The Waste Electrical or Electronic Equipment (WEEE) Directive requires countries to maximise separate collection and environmentally friendly processing of these items. In the UK, distributors (including retailers) must provide a system which allows all customers buying new electrical equipment the opportunity to recycle their old items free of charge. Those establishing their own take-back scheme must as a minimum offer all customers buying new electrical equipment free take back of their old electricals on a like-for-like basis.

Find more information on WEEE recycling, and locate your local recycling centre, at www.recyclenow.com.


Returns Policy

Consumer Contracts Regulations 2013

This legislation offers you the following cancellation rights when you buy online or by phone: You are entitled to cancel your contract provided that you exercise your right no longer than 14 days after the day on which you receive the goods or services.

Your right to return product does not apply to goods made to your specification, personalised or by their nature be unsuitable for return.

If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them. To exercise the right to cancel, you must inform us in writing of your decision to cancel your contract by a clear statement, including details of your name, address, phone number and email address (where available) along with details of the order you wish to cancel.

You can cancel by email at sales@kaboodleit.com or by writing to us at; Customer Care, Kaboodle, Unit 5B Motorway Industrial Estate, Babbage Road, Stevenage, Hertfordshire, SG1 2TU.

If you decide to cancel, you should return the goods to us at your own cost within 14 days of such cancellation and we will reimburse you the amount in relation to goods to which cancellation rights apply including any cost of delivery by the same method used to pay for the original transaction.


Kaboodle reserve the right to make a deduction from the reimbursement for any loss in value of goods supplied as a result of unnecessary handling by you. We strongly recommend that goods should be returned by a recorded method of delivery as proof of return may be required. They should also be insured in case the goods are damaged during return transit. You are responsible for the security and safety of the goods until they are received and accepted back into our warehouse. If you do not use insurance and the goods are damaged or go missing you are fully liable for the cost of the goods. Please do not install any damaged or unwanted appliance(s). This could be viewed as acceptance of goods and any return may be rejected. We reserve the right to request photographic evidence of the appliance(s) and/or packaging prior to collection. Upon receipt of the returned appliance(s) these will be inspected to ensure they are in perfect condition (in the original packaging) and meet our satisfaction and are including all relevant accessories, manuals & components. We reserve the right to claim for any damage or loss to the appliance(s) that may have occurred whilst the goods have been in your possession. This does not affect your statutory rights. If the packaging has been removed or tampered with by you we can no longer be held responsible for transporting the items safely and you must arrange the return of the appliance(s) to our warehouse If you return the goods to us yourself, you are required to take reasonable care of the product to ensure that the goods are not damaged in transit. If you do not exercise reasonable care and the goods are damaged, we may reject the appliance(s) or make a reduction in the refund due. We are able to arrange the return of your goods provided they have not been removed from their original packaging, installed or used. A reasonable collection fee for the cost of returning the goods will apply. The fee will vary based on the size of appliance and your location.

Collection of the goods will only take place from the delivery address to which they were delivered. Should you cancel an order after the goods have been despatched, you will be charged the actual cost of collecting the item. The cost will be deducted from any reimbursement due to you. You are responsible for the security and safety of the goods until they are received and accepted back into our warehouse. If you do not use insurance and the goods are damaged or go missing you are fully liable for the cost of the goods. We reserve the right to make a deduction from the reimbursement for any loss in value of goods supplied as a result of unnecessary handling by you. Please do not install any damaged or unwanted appliance(s). This could be viewed as acceptance of goods and any return may be rejected. We reserve the right to request photographic evidence of the appliance(s) and/or packaging prior to collection. All returned appliance(s) will be inspected to ensure they are in perfect condition (in their original packaging) and meet our satisfaction and are including all relevant accessories, manuals & components. We will make the reimbursement no later than 14 days after the day we receive back from you any goods supplied.