Service Terms

(A) TERMS OF USE

These Terms of Use (together with the documents referred to in them) set out the terms and conditions on which the relevant Design A Kitchen (“DAK“)  User (“You“, “Your“) may access and use our website www.designakitchen.co.uk (our, or this, “Site“). Please read these Terms of Use carefully and ensure that You understand them before using our Site.

By using our Site, You confirm that You accept these Terms of Use and that You agree to comply with them and with all applicable Legislation governing the Site. If You do not agree to these Terms of Use, You must not use our Site.

These Terms of Use form a legally binding agreement between You and DAK in relation to Your use of the Site. They apply to all DAK Users. If You violate these Terms of Use, DAK may terminate Your use of the Site, bar You from future use of the Site and/or take appropriate legal action against You.

The Service Terms comprise these Terms of Use and our Terms of Sale. The Service Terms also incorporate and should be read in conjunction with the DAK Privacy Policy and Cookie Policy, all of which shall collectively be referred to as the “DAK Terms“. Unless otherwise indicated, defined terms used in these Terms of Use, the Privacy Policy and the Cookie Policy shall have the meanings given to them in the list at the end of the Terms of Sale.

1. Information About Us

www.designakitchen.co.uk is a website operated by Design A Kitchen (UK) Limited (“DAK“, “we“, “us“, “our“). We are registered in England and Wales under company number 12965248 and have our registered office at 8 Carleton Road, Pontefract, England, WF8 3ND.

DAK is a provider of affordable and accessible online kitchen design services to customers located in the United Kingdom.

2. Accessing Our Site and Site Availability

Our Site is made available free of charge for Your non-commercial use on the terms and conditions set out in these Terms of Use. However, You are responsible for making all arrangements necessary for You to have access to our Site.

We do not guarantee that our Site, or any content on it, will always be available. Access to our Site is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of our Site without notice or liability. We will not be liable to You if for any reasons our Site is unavailable at any time or for any period.

DAK does not warrant the validity and accuracy of information on the Site, third party websites linked to in the Site, or that the Site is kept up-to-date. You acknowledge that the Site is provided to You over the internet and relies on unrelated third parties such as Site hosting providers, network providers etc the activities of which are outside of DAK’s reasonable control. DAK shall use reasonable efforts to ensure that the Site, and any information it holds on You are kept secure. However, due to the nature of the internet, DAK does not represent or warrant to You that:

• Your use of the Site will be uninterrupted, timely, secure or free from error at all times, nor that it will provide specific results from use of the Site, DAK Content, search or links on it;
• any information obtained or downloaded by You as a result of Your use of our Site (including via third party website links) will be accurate, reliable or free of viruses or contamination or destructive features;
• there will not be any defects in the operation or functionality of any software provided to You as part of the Site.

You are also responsible for ensuring that all persons who access our Site through Your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

3. Conditions of Use and DAK User Representations, Warranties and Undertakings

Subject to the following express restrictions, DAK grants You permission to access and use the Site. You may view Site pages, download Site pages (for caching purposes only) and print Site pages (excluding Site images) and retain a copy of the same solely for Your own personal, non-commercial use. You agree that Your failure to adhere to any of these restrictions shall constitute a breach of these Terms of Use on Your part. To the extent applicable to You, You agree:

• not to sell, license, rent, distribute or otherwise exploit any DAK Content for any other purposes without the prior written consent of DAK;
• not to post, frame, deep link, publish, reverse engineer or modify or make any derivative works of any part of the Site, including but not limited to any DAK Content, in any medium without DAK’s prior written authorisation, unless DAK makes available the means for such activity through the functionality offered by the DAK Site;
• not to establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
• not to establish a link to our Site in any website that is not owned by You;
• if establishing a link to our Site in accordance with these Terms of Use, to do so only in a manner that is fair and legal and does not damage our reputation or take advantage of it, and provided that the Site in which You are linking must comply in all respects with our acceptable use standards;
• not to alter or modify any part of the Site or use the same in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
• not to access DAK Content through any technology or means other than the Site itself or such other means as DAK may explicitly designate for this purpose;
• not to access or attempt to use the DAK computer/software code or penetrate or attempt to penetrate DAK’s security measures;
• not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Site or features that (i) prevent or restrict use or copying of DAK Content; or (ii) enforce limitations on the accessible DAK Content;
• not to use any area of the Site for any commercial purposes. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, marketing, solicitations, links, or any other form of communication. We will investigate and take appropriate legal action against anyone who breaches this provision, including without limitation, removing the offending communication from the Site and barring anyone breaching this provision from future use of the Site. We reserve the right to block access to this Site with respect to any DAK User who is known or reasonably believed to be (or is associated with any person who is known or reasonably believed to be) acting unlawfully, or breaching these Terms of Use, or infringing DAK’s rights;
• not to use the Site to copy, store, host, transmit, send, use, publish, distribute or knowingly introduce any material which consists of (or is linked to) any spyware, viruses, Trojans, worms, keystroke logger, rootkit, logic bombs or other material which is malicious or technologically harmful;
• not to attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site;
• not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to any DAK User of the Site;
• not to attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching certain provisions above, You may commit a criminal offence and we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use our Site will cease immediately;

Further, by using the Site, You warrant, represent and undertake that You:

• will comply with all applicable Legislation and Codes of Practice;
• will comply with any guidelines provided or reasonable instructions issued by us from time to time in respect of Your use of the Site;
• are solely responsible for any breach of Your obligations under the Terms of Use due to Your act, omission, default or Your failure to comply with any of Your obligations under the Terms of Use and for the consequences of any such breach or failure;
• ensure all information provided to DAK in respect of Yourself is true and accurate in all respects;
• will comply at all times with the Terms of Use; and
• are legally capable of entering into binding contracts and that You are eighteen (18) years old or above (or if not, that Your actions are led and supervised by a suitable guardian who is eighteen (18) years old or above).

We reserve the right to withdraw any linking permission to all DAK Users or on an individual basis without notice. If You wish to make any use of content on our Site other than as permitted above, please contact us via the contact information provided below.

4. Termination or suspension of Terms or of access to the Site

Each of the applicable DAK Terms shall remain in full force and effect to the extent that a DAK User makes use of the Site and / or DAK Design Services unless terminated by You or by DAK in accordance with the DAK Terms.

At DAK’s sole discretion and without notice or cause and without prejudice to any other remedies available to DAK, DAK may at any time terminate these Terms of Use with You and suspend or terminate Your access to the Site. If this occurs, any DAK Design Services You have paid for will either be completed or refunded, at DAK’s sole discretion.

You agree that monetary damages may not provide a sufficient remedy to DAK for violations of the Terms of Use and You consent to DAK obtaining injunctive or other equitable relief for such violations.

You may cancel Your relationship with DAK at any time by sending an email request to enquiries@designakitchen.co.uk with “URGENT – TERMINATION REQUEST” in the subject line. This process will take around forty-eight (48) hours to complete during Working Hours only.

5. Viruses

You are responsible for configuring Your information technology, computer programmes and platform in order to access our Site. You should use Your own virus protection software. We do not guarantee that our Site will be secure or free from bugs or viruses.

6. No Reliance on Information

The content on our Site is provided for general information only. It is not intended to amount to advice on which You should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.

Although we take reasonable steps to ensure the accuracy of the information accessed via and appearing on our Site, we cannot guarantee or give any warranty, whether express or implied, as to the accuracy, timeliness or completeness of any information or material appearing on it.  We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any third party details and You acknowledge that any reliance on such information will be at Your own risk.

7. DAK Intellectual Property Rights

This Site and all materials, text, code, content, software, videos, music, sound, graphics, photographs, illustrations, artwork, names, logos, marks, formats, files, devices and links contained in it or linked to it (“DAK Content“) are protected by copyright, trade marks and other Intellectual Property Rights owned by us or licensed to us. DAK Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of DAK or, where applicable, DAK licensors. DAK and its licensors reserve all rights not expressly granted in and to the DAK Content.

8. Limitation of our Liability

Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any liability that cannot be excluded or limited by law.

This Site and its content are provided “as is” and to the extent permitted by law, we exclude all conditions, warranties, representations or other terms, whether express or implied, which may apply to our Site or any content on it.

We will not be liable to any DAK User for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our Site, or use of or reliance on any content displayed on our Site. In particular, we will not be liable for (i) loss of profits, sales, business, or revenue, (ii) business interruption, (iii) loss of anticipated savings, (iv) loss of business opportunity, goodwill or reputation, or (v) any indirect or consequential loss or damage. Our liability to You whether in contract, tort or otherwise shall be limited to the amount of any payments for any DAK Fees, made by You to DAK.

Except as expressly set out in the Terms of Use, DAK gives no warranties and excludes all other express or implied terms, conditions and warranties to the fullest extent permitted by law.

9. Third Party Links and Resources in Our Site

Our Site may contain links to other sites, including via our social media buttons, or produce search results that reference or link to third party content on other websites. While we try to link only to sites that share our high standards, we are not responsible for the content, security, or privacy practices employed by other sites and a link does not constitute an endorsement of the content, viewpoint, accuracy, legality, opinions, policies, products, services, or accessibility of that Site. We cannot guarantee, represent or warrant that the content contained in such websites is inoffensive or that they will not contain viruses or otherwise impact Your device. Once You link to another website from our Site You are subject to the terms and conditions of that website, including, but not limited to, its Internet privacy policy and practices. Please check these policies before You submit any personal data to these websites. Links are provided for Your ease of reference only and DAK does not endorse such linked websites or accept any responsibility for the content of such websites. You agree and understand that You may not make any claim against DAK for any damages or losses whatsoever resulting from Your use of the Site to obtain search results or to link to a website. You agree to use third party links at Your sole risk and that DAK shall have any liability to You for content that may be found to be Inappropriate Content.

10. Sales through the Site

All sales of services made through the Site are subject to the terms and conditions set out in the Terms of Sale. Please read these carefully.

11. Entire Agreement

The DAK Terms taken together constitute the entire agreement between You and DAK in relation to Your use of the Site and supersede any prior representations, inducements or agreements relating to its subject matter. Should the courts strike out as invalid or unenforceable or otherwise alter any part of the DAK Terms, the remaining terms shall remain valid and in force.

12. Assignment

You may not assign, transfer or delegate all or any of Your rights and obligations in relation to the DAK Terms, without DAK’s prior written consent. DAK reserves the right to assign or transfer all or any of its rights and obligations under these Terms of Use to any companies in the same group as DAK or to any other third party. In the event of assignment or transfer, notification will either be given to You by e-mail or posted on the Site.

13. No Waiver

Failure by either DAK or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.

14. Third Party Rights

These Terms of Use do not create any right enforceable by any person who is not a party to it under the Contracts (Rights of Third Parties) Act 1999 (the “Act”) and do not affect any right or remedy that a third party has which exists or is available apart from the Act.

15. Applicable Law

DAK tries to meet the highest standards when providing the Site. We take any Complaints we receive about this very seriously. We encourage people to bring any Complaints to our attention and we welcome any suggestions for improving our procedures. We will try and solve any disagreements quickly and efficiently.

These Terms of Use, our Terms of Sale, our Privacy Policy, our Cookie Policy and Your use of this Site and any dispute arising out of or in relation to it are governed by English law.

You agree that the courts of England will have exclusive jurisdiction to hear any such disputes, with the exception of any disputes under our Terms of Sale, the jurisdiction for disputes in relation to which is set out here.

If any provision of these Terms of Use is or becomes invalid or unenforceable then the remaining provisions will not be affected. No waiver by us of any breach of these Terms of Use shall constitute a waiver of any other breach. No failure by us to exercise any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.

Words denoting an obligation on a DAK User to do any act, matter or thing includes an obligation to procure that it be done and words placing a DAK User under an obligation or a restriction include an obligation not to permit or allow infringement of the obligation or restriction.

16. Changes to These Terms of Use

We may amend these Terms of Use at any time without notice by posting the amended terms on this Site. All amended terms will automatically take effect immediately on posting. Please check these Terms of Use periodically to inform Yourself of any changes. Your continued use of any portion of the Site following the posting of the updated Terms of Use will constitute Your acceptance of the changes.

17. Contacting Us

If You have any questions about these Terms of Use, please contact us by sending an email to enquiries@designakitchen.co.uk.

(B) TERMS OF SALE

These Terms of Sale (together with the documents referred to in them) set out the terms and conditions on which Design A Kitchen (UK) Limited (“DAK“, “we“, “us“, “our“) supply services to You (“You” and “Your“) through or facilitated by DAK’s website www.designakitchen.co.uk (our, or this, “Site“).

Please read these Terms of Sale carefully and ensure that You understand them before You purchase a service from us. These Terms of Sale tell You who we are, how services will be provided to You, what to do if there is a problem and other important information. If You think that there is a mistake in these Terms of Sale, please contact us to discuss.

The Service Terms comprise these Terms of Sale and our Terms of Use. The Service Terms also incorporate and should be read in conjunction with the DAK Privacy Policy and Cookie Policy, all of which shall collectively be referred to as the “DAK Terms“. Unless otherwise indicated, defined terms used in the Terms of Use, the Privacy Policy and the Cookie Policy shall have the meanings given to them in these Terms of Sale.

1. Information About Us

1.1. Who we are. We are Design A Kitchen (UK) Limited, a company registered in England and Wales under company number 12965248 , whose registered office is at 8 Carleton Road, Pontefract, England, WF8 3ND.

1.2. How to contact us. You can contact us by writing to us at enquiries@designakitchen.co.uk or 8 Carleton Road, Pontefract, England, WF8 3ND.

1.3. 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 You provided to us.

1.4. “Writing” includes emails. When we use the words “writing” or “written” in these Terms of Sale, this includes emails.

2. Placing orders

2.1. Your contract for DAK Design Services. Your contract for DAK Design Services will be between You and DAK. DAK provides the DAK Design Services on its own behalf, subject to the terms set out on this Site. Consequently, when DAK collects money in relation to the DAK Design Services it does so on its own behalf.

2.2. How Your order will be accepted. Acceptance of Your order for DAK Design Services will take place after payment (in full) has been received and when we email You to accept it, at which point a contract will come into existence. If You are purchasing DAK Design Services, then our email to You accepting Your order is sent on our own behalf and the contract for the supply of these will be between You and us.

2.3. If we cannot accept Your order. If we are unable to accept all or part of Your order, we will inform You of this in writing and You will not be charged, or a refund will be issued, for the DAK Design Services that we are unable to accept Your order for (but You will still be charged for any DAK Design Services that we are able to accept Your order for). We might be unable to accept all or part of Your order because of unexpected limits on our resources or because we have identified an error in the price or description of the DAK Design Services.

2.4. We only sell to the UK. Our Site is solely for the provision of DAK Design Services in the UK.

3. DAK Design Services

3.1. Making sure Your measurements are accurate. You are responsible for ensuring that any measurements You give us are accurate and complete. You can find information and tips on how to measure a room by contacting us or by referring to our How To Measure A Room guide.

3.2. Making sure information You provide to DAK is accurate. You are responsible for ensuring that any information that You give us is accurate, complete and not misleading.

3.3. All materials created wholly or partially by or on behalf of DAK in connection with or arising from the provision of the DAK Design Services (“DAK Materials”) are protected by copyright, trade marks and other Intellectual Property Rights owned by us or licensed to us. You agree that all DAK Materials and all materials embodying them are our sole and exclusive property to the fullest extent permitted by law. To the extent that any DAK Materials do not vest automatically with us You assign to us (including in so far as is possible by way of present assignment of future rights) with full title guarantee any right, title and interest You may have in and to the DAK Materials.

3.4. DAK Materials may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of DAK or, where applicable, DAK licensors. DAK and its licensors reserve all rights not expressly granted in and to the DAK Materials.

4. Your Rights to Make Changes

If You wish to make a change to the DAK Design Services 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 DAK Design Service, 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. If we cannot make the change or the consequences of making the change are unacceptable to You, You may want to end the contract (see Your rights to end the contract section).

5. Our Rights to Make Changes

5.1. Minor changes. We may change the DAK Design Services to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect Your use of the DAK Design Services.

5.2. More significant changes. In addition, we may make more significant changes to these Terms of Sale or to the DAK Design Services, but if we do so we will notify You and You may then contact us to end the contract, before the changes take effect and receive a refund for any DAK Design Services paid for but not received.

6. Providing the DAK Design Services and DAK Design

6.1. DAK Design Services and DAK Design.  The initial version of the DAK Design will be ready for review within five (5) Business Days of our acceptance of Your order and You providing & confirming the accuracy of Your room dimensions/measurements & DAK Requirements (or two (2) Business Days if You pay for the Express Design Service). These timescales assume that You have given us all the information we require in order to provide the DAK Design Services and create the DAK Design. You will be notified by email, to the address You provided to us when placing the order, when the initial version of the DAK Design is ready for review.

Following the review of the initial DAK Design, You will have the opportunity to provide feedback and request modifications (if required). Up to three (3) Revision Rounds are included within the DAK Design Service (per contract). After the included Revision Rounds, any further amendments to the DAK Design will incur a charge of £40 per hour and includes any time allocated to the creation of the revision by the designer (e.g. meetings or phone calls). Each Revision Round will be ready for review within five (5) Business Days of Your feedback being received. You will be notified by email, to the address You provided to us when placing the order, when the revised DAK Design is ready for review.

We will provide the finalised DAK Design, generated from the DAK Design Service, by email to the address You provided to us when placing the order.

You may ask us follow-up questions about the DAK Design Service and DAK Design that we have provided to You free of charge within two (2) weeks of the date on which it was provided to You, but after this time additional questions related to design will incur a charge.

6.2. We are not responsible for delays outside our control. If the supply of the DAK Design Service and DAK Design 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 such event, but if there is a risk of substantial delay You may contact us to end the contract. You will receive a refund for any DAK Design Services that You have paid for but not received.

6.3. What will happen if You do not give required information to us. We will need certain information from You so that we can supply DAK Design Services to You, for example, Your room dimensions/measurements and DAK requirements. This will have been stated in the description of the DAK Design Services on our Site. If You do not give us this information when requested, we will contact You to ask for it. 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 and / 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 DAK Design Services late or not supplying any part of it if this is caused by You not giving us the information we need within a reasonable time of us asking for it.

6.4. What will happen if You do not make yourself available for design reviews. We will notify You when Your DAK Design is ready for review. If You do not make yourself available to review the DAK Design within a reasonable time of us asking, we will not be responsible for supplying the DAK Design Services late or not supplying any part of it if this is caused by You not making yourself available to review the DAK Design within a reasonable time of us asking for it.

6.5. Validating the DAK Design before placing orders with suppliers. The DAK Design Service, and resulting DAK Design, is based upon the information provided by You (including room dimensions/measurements and DAK Requirements) and is generated using DAK internal standards for items such as cabinet dimensions, door dimensions, appliance dimensions, cornice dimensions, plinth dimensions, pelmet dimensions, end panel dimensions and worktop dimensions (including overhangs and material thickness). All dimensions & specifications within the DAK Design are for guidance only. You are responsible for organising a thorough site survey to validate the DAK Design with your chosen supplier(s) and installer(s) before cabinets, accessories, appliances and worksurfaces are purchased to validate all dimensions and check technical suitability of all products. We will not be responsible for any design, ordering or installation issues if you do not validate the DAK Design with Your chosen supplier(s) and installer(s), and make any necessary amends, before placing Your order(s).

7. Your rights to end the contract

7.1. Ending the contract for DAK Design Services because of something we have done or are going to do If You are ending a contract for DAK Design Services, for a reason set out at (a) to (d) below, the contract will end immediately and we will refund You in full for any DAK Interior Design Services which have not been provided. The reasons are:

(a) we have told You about an upcoming change to the DAK Design Services or these Terms of Sale which You do not agree to; see clause 5.2

(b) we have told You about an error in the price or description of the DAK Design Service You have ordered and You do not wish to proceed;

(c) there is a risk that supply of the DAK Design Services may be significantly delayed because of events outside our control; or

(d) You have a legal right to end the contract for DAK Design Services because of something we have done wrong.

7.2. Exercising Your right to change Your mind (Consumer Contracts Regulations 2013). For most items bought online You have a legal right to change Your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, may apply to Your contract with us for DAK Design Services and are explained in more detail in these Terms of Sale.

7.3. When You don’t have the right to change Your mind. In relation to DAK Design Services You do not have a right to change Your mind in respect of services, including DAK Design Services, once these have been completed, even if the cancellation period is still running. 

7.4. How long do I have to change my mind? You have 14 days after the day we email You to confirm we accept Your order. However, once we have completed the relevant Design Services You cannot change Your mind, even if the period is still running. If You cancel after we have started the Design Services, You must pay us for the services provided up until the time You tell us that You have changed Your mind.

7.5. Ending Your contract for DAK Design Services where we are not at fault and there is no right to change Your mind. For contracts for DAK Design Services, even if we are not at fault and You do not have a right to change Your mind, You can still end the contract before it is completed, but You may have to pay us compensation. A contract for DAK Design Services is completed when we have finished providing the DAK Design Services, delivered the relevant DAK Designs to You and You have paid for them. If You want to end a contract for DAK Design Services before it is completed where we are not at fault and You have not changed Your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by You for DAK Design Services 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.

8. How to end Your contract (including if You have changed Your mind)

8.1. Tell us You want to end the contract. To end Your contract with us for DAK Design Services, please let us know by email us at enquiries@designakitchen.co.uk. Please provide Your name, details of the order and, where available, Your phone number and email address.

8.2. How we will refund You. Any refund will be paid to You by the method You used for payment or Electronic Bank Transfer. However, we may make deductions from the price, as described below.

8.3. Deductions from refunds (including if You are exercising Your right to change Your mind). For DAK Design Services, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when You told us You wanted to end Your contract. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

8.4. When Your refund will be made. We will make any refunds due to You as soon as possible. Your refund for DAK Design Services will be made within 14 days of Your telling us You have changed Your mind.

9. Our rights to end the contract

9.1. We may end the contract if You break it. We may end the contract for DAK Design Services 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 14 days of us reminding You that payment is due; or

(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 DAK Design Services; or

(c) You do not, within a reasonable time of us asking for it, make yourself available for a DAK Design review that is necessary for us to provide the DAK Design Services.

9.2. You must compensate us if You break Your contract for DAK Design Services. If we end Your contract for DAK Design Services in the situations set out in clause 9.1, we will refund any money You have paid in advance for DAK Design Services 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.

9.3. We may withdraw the service. We may write to You to let You know that we are going to stop providing the DAK Design Service. We will let You know at least 14 days in advance of the stopping of the supply of the DAK Design Service and will refund any sums You have paid in advance for DAK Design Services that will not be provided.

10. If there is a problem with the DAK Design Service

1. How to tell us about problems. If You have any questions or complaints about our DAK Design Service, please contact us as Your first point of contact, using the email enquiries@designakitchen.co.uk.
2. Your legal rights. Nothing in these Terms of Sale will affect Your legal rights. The responsibility for the DAK Design Services is with DAK and Your recourse in these cases is through us, as we are under a legal duty to supply services that are in conformity with these Terms of Sale.
3. An DAK Design Service will not be considered to be faulty or not in conformity with Your contract simply because You do not like the design produced from the DAK Design Services.

11. Price and payment

11.1. Where to find the price for the DAK Design Services. The price of the DAK Design Service (which includes any applicable VAT) will be available on request. We take all reasonable care to ensure that the price of the DAK Design Service advised to You is correct. However please see clause 11.3 for what happens if we discover an error in the price of the DAK Design Service You order.

11.2. Price increases. We reserve the right to change the DAK Fees from time to time (including by increasing them). If the price of an DAK Design Service changes between date on which You place Your order and the date on which we accept Your order for that DAK Design Service, we will notify You and You may then contact us to end the contract for that DAK Design Service before the changes take effect. If You have already paid for the DAK Design Service that You have ordered from us in full before the change in price takes effect, then we will not charge You for any increase.

11.3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the DAK Design Services we sell may be incorrectly priced. We will normally check prices before accepting Your order so that, where the DAK Design Service’s correct price at Your order date is less than our stated price at Your order date, we will charge the lower amount. If the DAK Design Service’s correct price at Your order date is higher than the price stated to You, 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, refund You any sums You have paid and require the return of any DAK Materials provided to You.

11.4. When You must pay and how You must pay. We accept payment by Bank Transfer Payments. You must pay the full DAK Fees for DAK Design Services upon placing Your order following our request for payment.

11.5. What to do if You think an invoice is wrong. If You think any invoice You receive 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. Our responsibility for loss or damage suffered by You

12.1. We are responsible to You for foreseeable loss and damage caused by us. If we fail to comply with these Terms of Sale, 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 or due to inaccurate/incomplete information provided to Us by You. 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.

12.2. 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; or for breach of Your legal rights including the right to receive services which are: as described and match information we provided to You and any sample seen by You; of satisfactory quality; fit for any particular purpose made known to us; and supplied with reasonable skill and care.

12.3. We are not liable for business losses due to delays in delivery. If You use the DAK Design Services 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. We will not be liable to You for any delays in a DAK Design being delivered to You.

12.4. We are not liable for personal losses due to delays in delivery. We will not be liable to You for any delays in an DAK Design being delivered to You. Time is not of the essence of the Contract and DAK will not be liable for damages or otherwise for any delay in supplying the DAK Design and You shall have no claim or recourse against the Company in respect of any inconvenience damage or consequential loss of any kind whatsoever arising from such a delay.

13. How we may use Your Data

1. Our Privacy and Cookie Policies set out how we will use Your Data, which we will always do in accordance with Data Protection Legislation. Please read them carefully.

14. Other important terms

14.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms of Sale to another organisation.

14.2. You need our consent to transfer Your rights to someone else. You may only transfer Your rights or Your obligations under these Terms of Sale to another person if we agree to this in writing. We will not unreasonably withhold our agreement.

14.3. Nobody else has any rights under this contract. This contract is between You and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms of Sale.

14.4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms of Sale 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.

14.5. 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 of Sale, 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.

14.6. Which laws apply to this contract and where You may bring legal proceedings. These Terms of Sale are governed by English law and You can bring legal proceedings in respect of these Terms of Sale exclusively in the English courts; with the sole exceptions that:

(a) if You live in Scotland You can bring legal proceedings in respect of the products in either the Scottish or the English courts; or

(b) 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.

 14.7. Alternative dispute resolution. Please note that disputes relating to these Terms of Sale may be submitted for online resolution to the European Commission Online Dispute Resolution platform or equivalent platform following the UK’s departure from the EU.

15. Defined Terms

In the DAK Terms (except where the context otherwise requires) the following terms shall have the following meanings:

1. Business Day: any day (other than a Saturday or Sunday) when banks are generally open for normal business in the UK.
2. Codes of Practice: refers to all legal and regulatory codes (including for these purposes ancillary rules of procedure, guidance notes, directions, policies and advice) published by regulatory authorities or other industry professional bodies including without limitation the Advertising Standards Authority (specifically, the 12th edition of the UK Code of Non-Broadcast Advertising, Sales Promotion and Direct Marketing (CAP Code)), Trading Standards, the Office of Fair Trading, the Direct Marketing Association, the Information Commissioners Office, DBERR and other trade bodies, to be construed as to include any and all references to any amendments, modifications or consolidations constituting the most up-to-date versions thereof.
3. Complaint: means any dissatisfaction expressed by a DAK Customer as against DAK in connection with the provision of the Services.
4. DAK Content: refers to the Site and all materials, text, code, content, software, videos, music, sound, graphics, photographs, illustrations, artwork, names, logos, marks, formats, files, devices and links contained in it or linked to it.
5. DAK Customer(s): refers to an individual who has placed an order and paid for a DAK Design Service.
6. DAK Design: refers to the electronic and paper version of a kitchen design (and if included in the scope of work, a utility design) and may include but is not limited to cabinet & worktop dimensions, individual wall plans & 3D images.
7. DAK Design Service(s): the service(s) provided by DAK to facilitate the production of a DAK Design in line with the relevant DAK Requirements & room dimensions provided by You, or such other design services as are agreed between You and us, to be sent to the DAK Customer by email which may include (at DAK’s discretion) researching and collating various options, recommendations & requirements for incorporation into the DAK Design and taking part in discussions and advising in respect of the DAK Design via telephone, email, internet based video conferencing/screen sharing services (for example, Zoom.us) or our integrated chat function, as can be arranged in advance between You and us.
8. DAK Fees: refers to the fees charged by DAK in respect of the DAK Design Services.
9. DAK Get Started Form: refers to the Get Started form which can be populated and submitted by a DAK User to discuss and/or place an order for a DAK Design Service.
10. DAK Materials: All materials created wholly or partially by or on behalf of DAK in connection with or arising from the provision of the DAK Design Services.
11. DAK Requirements: means Your requirements captured and documented during the DAK Design Service.
12. DAK User(s): includes anyone who uses the Site.
13. Data: shall mean for the purposes of the DAK Terms ‘Personal Data’ as defined in the Data Protection Legislation.
14. Data Protection Legislation: means the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699), the Electronic Communications Data Protection Directive (2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003) and the EU General Data Protection Regulation 2016/679 and all national implementing laws thereof; together with all other applicable laws and regulations relating to privacy or data protection, including where applicable the guidance and codes of practice issued by the Information Commissioner; as each of the same may be amended, repealed or replaced with equivalent laws, regulations, guidance or codes from time to time. The terms “Personal Data”, “Data Subject”, “Data Controller”, “Data Processor” and “Process” (and their derivatives) shall have the meanings given to them in Data Protection Legislation.
15. Inappropriate Content: means any material of any nature which is or which contains material which: (a) is in contravention of any law, statute, regulation, directive and/or subordinate legislation; and/or (b) is defamatory, libellous, obscene, unlawful or which would, if published, be in contempt of court; and/or (c) material which infringes the Intellectual Property Rights of a third party; and/or (d) is a virus.
16. Intellectual Property Rights: database rights, patents, user interface rights, rights to inventions, copyright and related rights, trademarks, trade names, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including without limitation know-how and trade secrets) and any other intellectual property rights which subsist or will subsist now or in the future, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
17. Legislation: all applicable laws, Acts of Parliament, Regulations and Treaties and all orders, regulations, directives, conventions and subordinate legislation made pursuant to such a law, Act Regulation or Treaty or otherwise having the force of law and relevant to the DAK Terms (including where applicable, technologically neutral legislation) including but not limited to the Electronic Commerce (EC Directive) Regulations 2002; the Provision of Services Regulations (2009); Consumer Protection (Distance Selling) Regulations 2000; the Unfair Terms in Consumer Contracts Regulations 1999; the Consumer Protection from Unfair Trading Regulations (2008); the Business Protection from Misleading Marketing Regulations (2008) and laws of contempt of court, obscenity, racial hatred and defamation (to be construed as including references to any amendment, modification, consolidation or re-enactment for the time being in force).
18. Losses: means any claims, losses, demands, actions, third party claims, damages, costs (including court costs and legal fees), fines, liabilities, obligations, liens and expenses.
19. Revision Round: One or more changes (modifications) to the DAK Design agreed during a DAK Design review meeting between the DAK Customer & an employee or authorised representative of DAK.
20. UGC: means content provided/generated by a DAK Customer and transferred/transmitted to DAK and may include but is not limited to text, articles, images, listings, graphics, photos, stories, audio, video, software, audio-visual combinations, interactive features and other materials in any form, medium or technology now known or hereinafter developed that may be viewed or used by DAK.
21. VAT: means value added tax chargeable under English law for the time being and any similar additional tax.
22. Working Days: as the same meaning as Business Days.
23. Working Hours: Monday to Friday 9am – 5pm during Business Days.

Version 1.4 – Last Reviewed 23-06-2023.