This Agreement was last revised on June 30th, 2020.
www.tkckitchens.co.uk (“website”) owned and managed by Ziegal Ltd
(“we,” “us,” or “our”) welcomes you.
“Product” or “Item” refers to the products or goods available for sale on the website.
“Service” or “Services” is a reference to any service defined below, which we may provide and which you may request via our Website;
“User”, “You” and “your” denotes the person who is accessing for taking any service from us.
“Customer” refers to the user who accesses the website and makes the payment for purchasing products and availing services;
“We”, “us”, “our” and “Company” are references to Ziegal Ltd;
”Website” shall mean and include "https://www.tkckitchens.co.uk, and any successor Website of the Company or any of its affiliates;
"Customer Account” shall mean an electronic account opened for the customer for purchasing products and availing various services offered on the website;
∑All references to the singular include the plural and vice versa and the word "includes" should be construed as "without limitation".
∑Words importing any gender shall include all the other genders.
∑Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re- enactments or replacements for the time being in force.
∑All headings, bold typing, and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of the terms of this Agreement.
IV. INTRODUCTION AND SCOPE
∑Scope. These Terms govern your use of the Website and the Services. Except as otherwise specified, these Terms do not apply to
∑Eligibility: Certain Service of the Website is not available to minors under the age of 13 or to any users suspended or removed from the system by us for any reason.
∑Electronic Communication: When you use this Website or send
At www.tkckitchens.co.uk, we offer you a meticulously designed website where we deal in kitchen units, worktops, stone worktops, glass splashbacks. We also provide an optional fitting for all products at our discretion.
With all of our products, we focus on quality by having our products subject to rigorous quality checks before it reaches you.
We are offering the best prices for various products and services with a simple and easy shopping experience. We are providing a wide variety of products under various categories.
VI. MODIFICATIONS TO THE SERVICE
We reserve the right, in our discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of changes by sending an email to the address identified in your Account or by posting a revised version of the Terms incorporating the changes to its Website. Your continued use of the Site following the posting of changes will mean that you accept and agree to the Changes.
For accessing the website and using certain Resources, you may be required to provide specific information and to create a user ID and password to establish an account.
You accept that the details you provide concerning establishing an account are correct and that you will keep your details
VIII. USER CONTENT
The website permits you to post comments, feedback, etc. but you are solely responsible for the content posted by you. You represent that you have required permission to use the content.
When posting content to the website, please do not post content that:
∑is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims;
∑violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;
∑discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;
∑violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance;
∑sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects.
Any submitted content will be refused by us. If repeated violations occur, we reserve the right to cancel user access to the website without advanced notice.
∑All the purchases from this website shall be governed by our terms and conditions.
∑If you make an Order for buying any product from our website. At the time ordering, while providing your details you must be careful and warrant that the information provided is true and accurate.
∑Payment mode shall be:
oOnline: Credit Cards and Debit cards; o PayPal
∑Any order to purchase a product that you place with us is subject to acceptance by us. When you make your order online we will provide you an email to confirm that we have received it.
∑If there is an error in the order confirmation, please contact us immediately by email to firstname.lastname@example.org.
∑We may refuse or unable to process your order if:
∑Your card does not give authorization for the payment of purchase price.
∑You do not meet the eligibility to order criteria set out above.
∑We are happy to support you if there is any issue you can contact our back- office team for any inquiry or problem.
∑A refund shall be made as per our Refund policy.
∑We take customer feedback very seriously and use it to constantly improve our products and quality of service.
∑We do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us.
∑We make material changes to these terms and conditions from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.
∑The website is licensed to you on a limited,
∑We reserve the right for any printing errors on this site as well as the final sales of products. We do not guarantee that the images reflect the exact appearance of the products as a certain color difference may occur depending on the monitor, photo quality, and resolution. We always try our best to expose the products as accurately as possible.
Prior to installation you are responsible for:
(a)Checking that you have a suitable supply of gas, electricity, water and waste services for the purpose of carrying out the installation and such services will be supplied at no cost to the Company.
(b)Notifying the installer of any particular features which you know about the property which may make the installation more difficult than expected. We will assume that your property is not subject to any listing and that the installation works will not contravene any planning conditions or obligations unless you tell us otherwise. Further we assume that your premises are free from damp, dry rot, infestation or collapse and are otherwise structurally suitable to accept the installation of the products.
(c)Ensuring that existing wiring, gas, water and waste pipework within the property is generally of a legal and good
(d)Checking that any appliance, accessory or component supplied by yourself is suitable for use with the products. For example, if you decided to retain your own taps, you would need to make sure they are compatible with your new kitchen/bathroom suite.
(e)Removing all moveable items from the room where the installation is to be carried out, and for cleaning and preparing and protecting all surfaces prior to the arrival of the installer. The installer may reasonably refuse to start work where this has not been done and you will be responsible for any delays (and the cost of any such delays) which arise as a result.
(f)Removing any asbestos insulation board or asbestos coating. Throughout the installation you are responsible for giving the installer reasonable access to your property in order that installation works can be completed.
We may terminate the contract and reserve the right to bring a claim against you for in the event that the installation is not possible or impractical due to circumstances reasonably within your control or knowledge. You are advised not to decorate rooms prior to installation (including the tiling of walls or the laying of new floors) except the space where front frame furniture is to be installed in order to avoid minor incidental damage caused during installation.
Redecoration of rooms shall be your responsibility and it is not included in the price agreed unless specifically set out otherwise.
For the avoidance of doubt, this provision does not exclude our responsibility for damage which is beyond what is reasonably commensurate with the fitting of the kitchen/bathroom in the usual way (for example, damage to other areas of the premises where the products are not being fitted) or which has been caused by the negligence of us or our agents. We will do our best to procure that installations are started on the date agreed between you and the installer. However, the start date and completion dates that we give you are guides. Whilst we make every effort to install the items within that time, we shall not be liable if we fail to do so in part or in full due to circumstances beyond our control. We will do all we reasonably can to ensure that the price quoted to you for the installation is accurately stated but you understand that kitchen/bathroom products are “made to measure”.
We will therefore, arrange for a representative to visit your premises to check suitability for installation and complete a
(i)a technical reason beyond the reasonable expectation of the installer or
(ii)an inadvertent error in information provided by you to us with regard to the premises (and in particular to the services and drainage available on those premises), or is impractical, then we will inform you of such, providing a written explanation and wherever reasonably possible a detailed specification and price variation proposal and both parties will attempt to agree a revised price for the installation.
In the event that a revised price cannot be agreed then either party is entitled to terminate the contract whereupon any monies paid by you will be refunded in full subject to a deduction for the reasonable costs of materials and services provided by us up to the point of termination. We may make minor
modifications to the specifications for practical purposes provided that such modifications do not materially affect the appearance and/or design of the kitchen/bathroom and the quality or standard of the products. You acknowledge the inevitability of some disruption in the use of the kitchen whilst the products are being installed and whilst we shall not be liable for such disruption, we shall take reasonable steps to minimise such disruption. You further acknowledge that you may be prevented from using certain facilities during the installation such as sinks, basins, baths and w/cs.
We will do our best to ensure that the installer performs the services with due care and skill and observes all health and safety rules. Furthermore, we will carry out checks to ensure that they are suitably qualified to carry out the installation.
The Customer is solely responsible for ensuring that the site is suitably prepared for installation. In the event that damp or dry rot is detected during the template the Company recommends that the condition be treated well in advance of the agreed date for delivery and installation of the Product(s). Electrical and telephone points, utensil racks, appliances, cabinetry and all fixtures must be fitted or marked before the template, as changes cannot be made to the Product(s) once it is cut and toughened. Painter’s caulk is applied to outer perimeter of the Product(s) for sealing and waterproofing purposes. Seals may vary depending on joinery, walls and worktops being level or plumb. Up to 5mm tolerances are acceptable. If the Company is not installing the Product(s), silicone must be purchased from the Company and installation should be carried out using recommended products.
The Company strongly recommends that the Customer’s own surveyors and fitters be sent to the Company for two (2) days training before attempting to install the Product(s). The Company shall not be responsible for any issues relating to the size or fit of the Product(s) if
(a)the Product(s) are ordered without the benefit of a template by the Company’s qualified installers or
(b)the Product(s) are installed by unqualified installers.
XII. COLOR OF OPTIONAL GLASS SPLASHBACK
Colour is to be chosen from the Company’s standard range, from the Dulux, RAL, Pantone, Farrow & Ball or WCP paint mixing range or a colour match at extra cost. Due to the variation in the manufacture of glass the colours as shown on the colour chart or sample cannot be guaranteed. The Company will use its reasonable endeavours to match as closely as possible the finished Product with the colour chart, however the Customer is advised that it is difficult to match a printed colour chart with the Company’s paint. Certain glass types other than Low Iron (“Opticlear”) have a higher content of iron in them which causes a green effect that changes the final colour of the colour coat. Please refer to the coloured glass samples for a more accurate indication. The colours on samples are slightly lighter than the finished product as samples allow more light through the edge of the glass thus making the colour lighter. Colours should always be chosen from sample swatches in the room set under final lighting conditions. The companies samples are chargeable However upon request the company reserves the right to provide a sample for a disclosed fee.
XIII. PRODUCT CARE FOR OPTIONAL GLASS SPLASHBACKS
It is the responsibility of the Customer to follow manufacturer’s instructions and to treat the Products with due care and attention, as no responsibility can be accepted by the Company for damage caused by incorrect use or cleaning with products that contain bleach or other corrosive agents. Glass should be cleaned with glass cleaning products or disinfectant. It is the client’s responsibility to clean, maintain and display the Colour Coated glass to a high standard. The display should not be obstructed at any time by fittings, deliveries, furniture, promotional material etc. Any faults found should be reported and the Company will put right anything found to be faulty. However if willful damage or neglect is detected we reserve the right to charge the client. The Company will supply all necessary point of sale material when needed and of good quality. The client should inform the Company well in advance when stocks are becoming low.
XIV. GEOGRAPHIC RESTRICTION
We reserve the right, to limit the usage or supply of any service to any person, geographic region, or jurisdiction. We may use this right as per the necessity. We reserve the right to suspend any Service at any time. Any offer to provide any Service made on this Website is invalid where banned.
XV. USER RESPONSIBILITIES
∑You shall use the Service and Website for a lawful purpose and comply with all the applicable laws while using the Website;
∑You shall not use or access the Website for collecting any market research for some competing business;
∑You shall not misrepresent or personate any person or entity for any false or illegal purpose;
∑You shall not use any virus, hacking tool for interfering in the operation of the Website or data and files of the Website;
∑You will not use any device, scraper, or any automated thing to access the Website for any means without taking permission.
∑You will inform us about anything that is inappropriate or you can inform us if you find something illegal;
∑You will not interfere with or try to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the Website through hacking, password or data mining, or any other means;
∑You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website; and
∑You will let us know about the unsuitable content of which you become aware. If you discover something that infringes any law, please let us know, and we’ll review it.
We reserve the right, in our sole and absolute discretion, to deny you access to the Website or any service, or any portion of the Website or service, without notice, and to remove any content.
XVI. EXCLUSION OF LIABILITY
We take no responsibility for any indirect damage that may result from the product.
We accept no responsibility for delays/errors due to circumstances outside the Company's ruling (Force Majeure). These circumstances can be, for example, labor conflict, fire, war, government decisions, reduced or
You understand and agree that we (a) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (b) shall not be responsible for any materials posted by us or any third party. You shall use your own judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of the www.tkckitchens.co.uk Website including loss of data or information or any kind of financial or physical loss or damage.
In no event shall Ziegal Ltd, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and
(iv)unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.
We are not responsible to you for:
●any reliance that you may place on any material or commentary posted on our website. Please note that nothing contained in our website or the
material published on it is intended to amount to advice on which you should rely; or
●any losses you suffer because the information you put into our website is inaccurate or incomplete; or
●any losses you suffer because you cannot use our website at any time; or
●any errors in or omissions from our website; or
●any losses you may suffer by relying on any commentary, postings or reviews (of our services or that of our partners) on our website; or
●any unauthorized access or loss of personal information that is beyond our control.
XVIII. OUR RESPONSIBILITY
We shall not be responsible for any breach of these Terms & Conditions caused by circumstances beyond our reasonable control. In particular, if the performance of our/our installer's obligations under these Terms and Conditions is prevented or delayed by any act or omission by you, neither we nor the installer shall be liable for any costs, charges or losses sustained or incurred by you arising directly or indirectly from such prevention or delay. If we are in breach of these Terms & Conditions, we will only be responsible for any direct losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you make the relevant order.
Subject to the other provisions of these Terms & Conditions we shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by us in breach of these Terms & Conditions. We shall have no further liability under these Terms & Conditions if, for any reason, you fail to accept delivery of any of the products when they are ready for delivery, or we are unable to deliver your order on time due to inaccessibility or health and safety risks. This paragraph 10 shall not limit or affect our liability resulting from any products sold being found to be defective products under the Consumer Protection Act 1987 or in breach of the terms implied by section 12 of the Sale of Goods Act 1979 or if something we do negligently causes death or personal injury. Our liability to you in connection with any purchase order will not exceed the
total price charged for the items. Our liability to you in connection with an installation order shall not exceed £2,000,000 (two million).
We shall endeavour to transfer to you the benefit of any manufacturer's guarantee given to us. Our products are guaranteed against manufacturing defects, provided units have been cared for and installed in accordance with our instructions. Please note that the guarantee does not cover defects arising from reasonable wear and tear and is not applicable on furniture products or moving parts. You acknowledge that the colour of natural wood products may fade or discolour over time due to natural processes and we accept no responsibility for such occurrence. The guarantee does not cover any products that have been modified, altered or transformed in any way. Furthermore, the guarantee does not cover products that have been moved from their original installation position for any reason. The guarantee is only valid for the original purchaser of products and is not transferable. We cannot take responsibility for any failure on your part to take reasonable care of the products, including any failure to clean and maintain in accordance with any manufacturer’s recommendations. Subject to the above, the following guarantees will apply to our products and services:
Worktops & Splashbacks Guarantees
The Company will use its reasonable endeavours to repair or replace free of charge at the company’s own discretion if any coating, which is found to be de- laminating or discoloured within a period of ten (10) years from the Delivery Date. This Guarantee is subject to full payment for all Product(s), charges, fees, and reasonable notice by the Customer of such a fault to the Company. The Customer must maintain and clean the Product(s) in a proper manner. This excludes wilful damage and normal wear and tear. Guarantee is valid for ten (10) years from the installation date. This guarantee only applies to (a) the Customer noted on the Order Form and is not transferable and (b) Products installed by the Company’s approved and trained installers. The guarantee does not cover any defects caused by mistreatment of the glass caused by cleaning agents either chemical or abrasive. The Company will not be responsible for any claims in respect of measuring errors when the Company’s templater has not taken the
measurements. The Company will not be held responsible for breakages or damage caused during transit where the Company is not paying for the cost of freight. Where the Company does not supply glass, any imperfections or damage during handling are not the responsibilities of the Company. The company will not accept responsibility for damage caused by damp, mould or rot on walls. The company will
o Kitchen units guarantee – 5 years for 15mm cabinets and 10 years for 18mm cabinets
oSplashback Guarantee – 10 years
oWorktop Guarantee - 10 years on quartz material
The Website may comprise links to external or
XXII.ERRORS, INACCURACIES, AND OMISSIONS
Every effort has been taken to ensure that the information offered on this Website is accurate and
XXIII. DISCLAIMER OF WARRANTIES;
LIMITATION OF LIABILITY
THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE WILL OPERATE
WE DISCLAIM ALL LICENSES OR WARRANTIES, INCLUDING, BUT NOT LIMITED TO, LICENSES OR WARRANTIES OF TITLE, MERCHANTABILITY,
THE WEBSITE MAY COMPRISE TECHNICAL INCORRECTNESS OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT ACCOUNTABLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS RECORDED ON THE WEBSITE. THE WEBSITE MAY CONTAIN INFORMATION ON CERTAIN SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A
REFERENCE TO A SERVICE ON THE WEBSITES DOES NOT SUGGEST THAT SUCH SERVICE IS OR WILL BE ACCESSIBLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO DO CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.
XXIV. COPYRIGHT AND TRADEMARK
The Website contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other the material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be possessed by us or third parties. Unauthorized use of the Content may infringe copyright, trademark, and other laws. You have no rights in or to the Content, and you will not take the Content except as allowed under this Agreement. No other use is allowed without prior written consent from us. You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not transfer, provide license or sub- license, sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other Website or in a networked computer environment for any purpose is expressly prohibited.
If you infringe any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.
Our trademarks, service marks, and logos used and displayed on the Website are registered and unregistered trademarks or service marks of us. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Content or the Website. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.
Term. The Services will be provided to you can be canceled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions.
Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees,
This Agreement constitutes the entire agreement between the parties hereto concerning the subject matter contained in this Agreement.
GOVERNING LAW AND JUDICIAL RECOURSE
The terms herein will be governed by and construed under the Law of England and Wales without giving effect to any principles of conflicts of law. The Courts of England and Wales shall have exclusive jurisdiction over any dispute arising from the use of the Website.
We will have no liability to you, your users, or any third party for any failure us to perform its obligations under these Terms if such
The Company shall have the right to assign/transfer this agreement to any third party including its holding company, subsidiaries, affiliates, associates, and group companies, without any consent of the User.
If you have any questions about these Terms, please contact us at email@example.com.