PORTREE TERMS FOR CONSUMERS
1. THESE TERMS
- 1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods (the actual kitchen products) or services (design and installation). We usually provide both goods and services, and so in these
terms we refer to these together as product or products.
- 1.2 Why you should read them. Please read these terms carefully before you place an order with us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and
other important information. If you think that there is a mistake in these terms please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
- 2.1 Who we are. We are Portree Limited a company registered in England and Wales. Our company registration number is 11595741 and our registered office and address is at 20 High Street, Lutterworth, Leicestershire, LE17 4AD. Our registered VAT number is
- 2.2 How to contact us. You can contact us by telephoning our showroom at 01455 550 962 or by writing to us at:
- Email: [email protected]
- Post: 20 High Street, Lutterworth, Leicestershire, LE17 4AD
- 2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- 2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
will set out the goods and services you require. If you wish to proceed with that quotation, you must notify us. An order is only valid once we confirm to you that we are able to accept your order.
reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you
4. OUR PRODUCTS
- 4.1 Products may vary slightly from their pictures or displays. The images of the products in our brochure, on our website, rendering on our design software and displays in our showroom are for illustrative purposes only. Although we have made every effort to
display the colours, sizes and features accurately, we cannot guarantee that a device’s display of the colours or the printed pictures in our brochure accurately reflects the colour of the products. Your product may vary slightly from those images. Although
we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website, in our catalogue or brochure or our showroom have a 5% tolerance.
- 4.2 Natural products can vary. You should be aware that there is natural variation of colour and grain in all timbers. Further, given it is a natural product, there may be a degree of shrinkage or movement which may occur. You should also note that granite is a natural material with variations in colour, pattern and texture, and therefore our guarantee does not cover these issues.
- 4.3 Making sure your measurements are accurate. Usually, we will carry out our own measurements as part of the design services and therefore we are responsible for ensuring these are correct. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct. You are also responsible for ensuring any goods not supplied by us are suitable for use with our design and in your property.
5. YOUR RIGHTS TO MAKE CHANGES
- If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which
would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. OUR RIGHTS TO MAKE CHANGES
- 6.1 Minor changes to the products. We may change the product:
- (a) to reflect changes in relevant laws and regulatory requirements and
- (b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
- 6.2 More significant changes to the products and these terms. In addition, we may make the changes to the product, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect.
7. PROVIDING THE PRODUCTS
- 7.1 Delivery costs. The costs of delivery will be as told to you during the order process or as set out in our current price list.
- 7.2 When we will provide the products. During the order process we will let you know when we will provide the products to you. As you are buying bespoke made to measure furniture, there may be some time between order and delivery. We will always try to keep to the dates provided to you during the order process.
- 7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided
we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received, except if manufacture has commenced
in which case paragraph 8.3 and 10.4 may apply and we may make deductions from the sums you have paid.
- 7.4 If you do not allow us access to provide services. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our
reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 9.2 will apply, meaning you will need to compensate us. Storage costs are a minimum of £100 per week.
- 7.5 Your legal rights if we deliver late. You have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply:
- (a) we have refused to deliver the products;
- (b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- (c) you told us before we accepted your order that delivery within the delivery deadline was essential.
- 7.6 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.5, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract
as at an end if we do not meet the new deadline.
- 7.7 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.5 or clause 7.6, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been
delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this.
- 7.8 When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.
- 7.9 When you own goods. You own a product which is goods once we have received payment in full.
- 7.10 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products, in our brochures, on our website or in
other information given to you instore. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (see clause 9.1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
- 7.11 Reasons we may suspend the supply of products to you. We may have to suspend
the supply of a product to:
- (a) deal with technical problems or make minor technical changes;
- (b) update the product to reflect changes in relevant laws and regulatory requirements;
- (c) make changes to the product as requested by you or notified by us to you (see clause 6).
- 7.12 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 11.5) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend
supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 11.7). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 11.6).
8. YOUR RIGHTS TO END THE CONTRACT
- 8.1 You can always end the contract for the supply of a product before it has been completed. You may contact us to end your contract for a product at any time before we have delivered it or completed supplying it and you have paid for it, but in some circumstances we may charge you for doing so, as described below. Of course, you always have rights where a product is faulty or mis-described (see clause 10, “If there is a problem with the products”).
- 8.2 What happens if you have a good reason for ending the contract. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not commenced build, been
provided or have not been provided properly and you may also be entitled to further compensation. The reasons are:
- (a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
- (b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- (c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
- (d) you have a legal right to end the contract because of something we have done wrong (but see clause 7.5 in relation to your rights to on end the contract if we deliver late.
- 8.3 What happens if you end the contract without a good reason. If you are not ending the contract for one of the reasons set out in clause 8.2, then the contract will end immediately and we will refund any sums paid by you for products not provided but
we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract, including our costs of labour and materials for the product and services (including the design service) already carried out by us at the date of the contract ending.
9. OUR RIGHTS TO END THE CONTRACT
- 9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- (a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
- (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
- (c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
- (d) you do not, within a reasonable time, allow us access to your premises to supply the services.
- 9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10. IF THERE IS A PROBLEM WITH THE PRODUCT
- 10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01455 550 926 or write to us at [email protected] . Alternatively, please speak to one of our staff in-store.
- 10.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example the kitchen furniture, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
- up to 30 days: if your goods are faulty, then you can get an immediate refund.
- up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
- up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back. If your product is services, for example our design or installation services the Consumer Rights Act 2015 says:
- you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
- if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
- if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
- 10.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them
- 10.4 Your right to change your mind. We offer the following guarantee which is in addition to your legal rights (as described in clause 10.2) and does not affect them. If you change your mind about a product then provided that:
- (a) we have not provided you with designs;
- (b) manufacture has not commenced;
- (c) less that 48 hours has passed since payment of a deposit; and
- (d) you notify us within 14 days of placing an order
you can change your mind and request a full refund.
11. PRICE AND PAYMENT
- 11.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price set out in your quotation. We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause 11.4 for what happens if we discover an error in the price of the product you order.
- 11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the
rate of VAT takes effect.
- 11.3 VAT Exemptions. On some developments , there may be a VAT exemption. We will only provide a VAT free or reduced VAT invoice once we have received proof of exemption. However if HM Revenue and Customs deem that the project does not or did not qualify for exemption, then we reserve the right to reissue an invoice with VAT and require you to pay it.
- 11.4 What happens if we got the price wrong. It is always possible that some of the products we sell may be incorrectly priced. If the product’s correct price at your order date is higher than the price stated in our quotation, we will contact you for your
instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
- 11.5 When you must pay and how you must pay. We prefer payment by direct bank transfer but can accept debit or credit card payments. You must pay:
- (a) A deposit equal to 30% of the overall quotation in order to place an Order;
- (b) The balance of 70% paid prior to delivery and installation of the product. We usually request this 5-10 days prior to delivery.
- (c) For any additional sums, such as project management charges, on receipt of an invoice from us.
- 11.6 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 5% a year above the base lending rate of Bank of England from time to time. This interest
shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
- 11.7 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on
correctly invoiced sums from the original due date.
- 12.1 Where as part of an Order you ask us to project manage and we agree to provide project management as part of the products purchased, this paragraph 12 will also apply.
- 12.2 By project management, we mean services limited to the co-ordination of contractors/sub-contractors appointed by you. We will assist in the scheduling of all workers on the project and notify you of any delays, issues, or other matters of which
we deem appropriate to notify you.
- 12.3 In addition to the terms set out in paragraph 13 below, we do not accept any liability
- (a) loss, damage, damage to property, or any other claims where that work is
carried out by other third party instructed by you.
- (a) loss, damage, damage to property, or any other claims where that work is
- 12.4 We will charge a project management fee of 15% plus VAT of the total cost of any contractor’s quote/invoice rendered and whose work we were project managing.
- 13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you
discussed it with us during the sales process.
- 13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent
misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 10.2 and for defective products under the Consumer Protection Act 1987
- 13.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
- 13.4 We are not liable for business losses. We only supply the products for domestic and
private use. If you use the products for any commercial, business or re-sale purpose
we will have no liability to you for any loss of profit, loss of business, business
interruption, or loss of business opportunity.
- 14.1 How we will use your personal information. We will use the personal information
you provide to us:
- (a) to supply the products to you;
- (b) to process your payment for the products; and
- (c) if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
- 14.2 We may pass your personal information to credit reference agencies. Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
- 14.3 We will only give your personal information to third parties where the law either requires or allows us to do so except that we may however have to provide your contact details to sub-contractors for the purposes of supplying the products.
- 15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights
under the contract.
- 15.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- 15.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- 15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- 15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
- 15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.