Terms and Conditions

These terms
Information About Us and How to Contact Us
Our Contract With You
Our Products
Your Rights To Make Changes
Our Rights To Make Changes
Providing the Products
Your Rights to End the Contract
How to End the Contract With Us (Including if You Have Changed Your Mind)
Our Rights to End the Contract
If There Is a Problem With the Product
Price and Payment
Our Responsibility for Loss and Damage Suffered By You
How We May Use Your Personal Information
Other Important Terms

These Terms

1.1 What these terms cover. These are the terms and conditions on which we supply products to you.

1.2 Who these terms apply to. These terms and conditions apply only if you are buying products on our site as a consumer (i.e. for purposes outside of your business, craft or profession). If you are buying products on our site in the course of business, our business terms and conditions apply to such purchases, which can be accessed here.

1.3 Why you should read them. Please read these terms carefully before you submit your order to 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.

Information About Us and How to Contact Us

2.1 Who we are. We are Kitchen Surplus, a trading style of Direct Online Services Limited, a company registered in England and Wales. Our company registration number is 06642691 and our registered office is at Brearley Court Baird Road, Waterwells Business Park, Quedgeley, Gloucester, GL2 2AF. Our registered VAT number is GB 948 3957 63.

2.2 How to contact us. You can contact us by telephoning our customer service team at 0345 22 22 585 or by writing to us at [email protected] or via post; Customer Services, Direct Online Services LTD, Brearley Court Baird Road, Waterwells Business Park, Quedgeley, Gloucester, GL2 2AF.

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.

Our Contract With You

3.1 Accuracy of information. Please ensure that all contact information, such as telephone numbers and/or email addresses provided to us are complete and accurate. It will not be possible to change these details after your order has been placed with us.

3.2 How we will accept your order. When you place an order with us you are making an offer to buy products from us subject to these terms and conditions. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing or we will contact you by telephone and we will reimburse in full any sums you have already paid to us in relation to the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not 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 have specified.

3.4 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.5We principally sell to the UK. Our website is principally for the promotion of our products in the UK. Unfortunately, we do not currently deliver to addresses in Northern Ireland or otherwise outside the UK. It is our aim to deliver our products to customers in the EU in future but unless we have confirmed that we are able to do so, delivery to the EU is not currently available.

3.6 Order tracking. You may track the status of your order by contacting us or, where such functionality is available, through the Order Status Page on our website.

Our Products

4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

4.2 Product tolerances. Although we have made every effort to be as accurate as possible because our products are made using natural materials, all sizes, weights, capacities, dimensions, and measurements indicated on our website are subject to a manufacturing tolerance. Details of the manufacturing/product tolerances will be set out on the product page for each product.

4.3 Colour variation. We will always attempt to colour match goods ordered on a multiple basis but due to the natural characteristics of products and the manufacturing processes used we cannot guarantee any replication of colour from piece to piece and from batch to batch. We reserve the right to change the décor of our products at any time and if this affects any order you have already placed with us, we will let you know.

4.4 Natural materials. During manufacture, our suppliers go to great lengths to remove nearly all natural imperfections from the surface of our products. To not render the timber characterless, natural imperfections are deemed acceptable and you accept that knots and minor shakes, which do not affect the performance of the product, are acceptable and shall not constitute faults or defects. Larger natural imperfections may occasionally appear on the underside of the product, and these shall not constitute faults or defects as long as they do not affect structural rigidity.

Our timber products are kiln dried to further improve product quality. Gradual movement of timber due to natural contraction and expansion however cannot be prevented and after installation small cracks may appear, a few millimetres in width. This comes as a standard with all timber and is accepted as the nature of each individual section of wood and is not a fault or defect. Any movement is a natural characteristic and is not deemed a fault. Any minor cracks are not faults or defects and can be filled neatly and easily using a similar coloured wax filler if necessary.

4.5 Samples. Any sample provided by us shall be treated as an approximate guide only. Stave widths, lengths, colours, and appearance of products can vary from piece to piece and from batch to batch. Due to the natural characteristics of products and the manufacturing processes used, colours cannot be replicated uniformly and therefore we cannot and do not offer a sale by sample service. Any products sold by us are sold by description only and you accept this when ordering any products from us.

4.6 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

4.7 Storage, installation, and maintenance of products. Please refer to the storage, installation and/or maintenance information as set out on our website here. We are not responsible for any damage or defects to products which arise as a result of any failure by you or any person acting on your behalf to:

4.7.1 install the products correctly; or

4.7.2 store the products in accordance with our instructions and guidance or such instructions or guidance of the relevant product manufacturer; or

4.7.3 maintain the products in accordance with our aftercare instructions, whether such instructions originate from us or the relevant product manufacturer.

4.8 Manufacturer’s warranty. We will let you know if a product has the benefit of a manufacturer’s warranty on the product pages on our website.

Your Rights To Make Changes

5.1 Changing your order. After we have confirmed that your order has been accepted by us it may be possible to make changes to the order should you require. If you wish to make a change to the product(s) you have ordered, or the date, time, or location for delivery, please contact us as soon as possible. We will do our best to accommodate your request and will let you know if the change is possible. Please note that we reserve the right to charge storage costs in the event that you request to delay delivery for 8 weeks or more from the order date. For further information about such storage costs please contact us.

5.2 Impact of accepted changes. If a requested change is possible, we will let you know if this affects the price of the product, the cost or timing of delivery, 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 you agree to make the changes, we will confirm the changes to you by email.

5.3 If we cannot make the changes. On some occasions it may not be possible to make changes to an order, for example if the order has already been dispatched or prepared for dispatch. This is not an exhaustive set of examples and there may be other reasons why we cannot make changes to an order. We will explain that to you if it is the case.
If we cannot make a requested change, or the consequences of making the change are unacceptable to you, you may want to cancel your order if you have the right to do so. Please note that for certain products, such as bespoke items, you may not have a right to cancel. Please see the “Your rights to end the contract” section (clause 8) below, provides further details about your cancellation rights and how you may exercise them.

Our Rights To Make Changes

6.1 Minor changes to the products. We may change the product:

6.1.1 to reflect changes in relevant laws and regulatory requirements;

6.1.2 to implement minor technical adjustments and improvements;

6.1.3 to change the décor of our products as described in clause 4.3, above.

Providing the Products

7.1 Delivery costs. Delivery costs will be as displayed to you on our website from time to time. Additional terms and conditions may apply to your delivery, in particular in external delivery service partners will deliver the products to you (see further at clause 7.7, below). If you would like further information about delivery, please contact us using the contact details set out clause 2 of these terms and conditions.

7.2 “Free delivery” applies to first attempt only. If a “free delivery” promotion has been applied to your order, this will apply only in relation to the first delivery attempt. If additional attempts are required these will be charged at our normal rates as described on our website from time to time.

7.3 When we will provide the products. During the order process we will let you know when we will provide the products to you. We will deliver the products to you as soon as reasonably possible, and we will contact you with an estimated delivery date or to agree an estimated delivery date. We will always aim to deliver the products to you within 30 days after the day on which we accept your order unless we have agreed otherwise with you, or we have notified you that a longer period is required due to the nature of the products ordered and any manufacturing processes required.

7.4 Delivery dates and times are estimates. Whilst we always endeavour to deliver the products to you on any estimated delivery date or time given or agreed, we cannot guarantee delivery will take place on a particular day or at a particular time. We strongly advise that you do not schedule installers or other trades people to work with or on the products until the products have been delivered to you and you have inspected them to ensure that they are in a satisfactory condition and free from defects or damage. We will not be responsible for any costs or losses you incur as a result of any decision by you to schedule installers or other trades people to attend on a particular date or at a particular time before delivery has been completed or your inspection of the products has taken place.

7.5 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.

7.6 Collection by you. If you have asked to collect the products from our premises, collection will only be possible at pre-agreed times on weekdays (excluding public holidays) unless we have notified you otherwise. We are able to offer collection from the following depots: Gloucester, Harlow, Redhill, Chesterfield, Warrington, Glasgow, and Birmingham. We will contact you using the telephone number you provide during the order process to notify you when the products are ready for collection. We cannot guarantee the products will be available before such notification has been given. Our staff will not be able to assist you with loading the products for onward transport. It is your responsibility to ensure that you have appropriate transport and people available to complete loading of the products. We shall have no responsibility for any injury sustained by any person you engage to assist you with the collection of products from us or as a result of the loading them on to transport, unless such injury is caused by our negligence.

7.7 Delivery by external delivery service partners (“couriers”). Where products will be delivered to you by a courier, we will notify you as soon as possible of the name of the relevant courier and we will provide you with any tracking information supplied to us by the courier. Once we have passed the products to the courier for dispatch and delivery, you may track the status of the delivery directly with the courier using the tracking information provided. Should you require any changes to delivery after we have passed products to the courier, we recommend that you contact the courier directly using the contact information provided to you by us or the courier themselves. We cannot guarantee that the courier will be able to accommodate any changes requested by you after the products have been dispatched.

7.8 Your responsibility to prepare for delivery. Delivery will be made to the nearest ground floor access point at the building located at the delivery address only. We will not deliver up or down stairs/steps from the ground floor access point. We do not deliver via windows, and we will not place goods in lifts or elevators. It is your responsibility to ensure that there is clear access both for the delivery vehicle, our delivery personnel, or the courier to enable delivery to take place safely. If there are any obstructions preventing delivery into the nearest ground floor access point, our delivery personnel or the courier will place the products at the nearest safest point. Delivery personnel and couriers will be unable to remove footwear during delivery and it is your responsibility to cover and protect any flooring from dirt or damage which may occur. We will not be responsible for any damage that is not caused by us or to the extent that it is caused by your negligence.

7.9 If you are not at home when delivery is attempted. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, a note will be left informing you of how to rearrange delivery or collect the products from our premises.

7.10 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from one of the depots described in clause 7.6 above, or such other depot specified by the relevant courier, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.

7.11 When you become responsible for the products. Products will be your responsibility from the time they are delivered to you or you (or any third party nominated by you) collect them from us. Please thoroughly inspect the products on delivery or collection to ensure that they are consistent with your order and are not defective or otherwise damaged. We may ask you to complete a delivery or collection note confirming that a visual inspection of the products was conducted and that no defects or damage was identified by you. Please report any fault or defect identified within 48 hours.

7.12 Work on products after delivery or collection constitutes acceptance. If you identify a defect or damage to any product do not attempt to fix the issue yourself without first contacting us. The reason for this is that we may not be able to accept return of those products and you may invalidate any manufacturer’s warranty that you would otherwise have the benefit of. If you carry out work on a product after delivery or collection, for example by installing, cutting, oiling (save for a test patch), or otherwise making alterations which remove the product from its original condition, you will deemed to have accepted the product as free from defects or damage. If you later report defects or damage, you will be deemed to have caused them unless you can demonstrate that the defect or damage was present on delivery or collection.

7.13 When you own products. You own a product once we have received payment in full for it.

7.14 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 on our website. 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 (and clause 10.2 will apply) 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.

7.15 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

7.15.1 deal with technical problems or make minor technical changes;

7.15.2 update the product to reflect changes in relevant laws and regulatory requirements;

7.15.3 make changes to the product as requested by you or notified by us to you (see clause 6).

7.16 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product unless the problem is urgent or an emergency. If we have to suspend the product, we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 4 weeks and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

7.17 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 12.4) we will remind you that payment is due, and we will suspend supply of the products until you have paid us the outstanding amounts. As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.5).

Your Rights to End the Contract

8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

8.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;

8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;

8.1.3 If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions, and you will have to pay the costs of return of any products.

8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clauses 8.2.1 to 8.2.5, below, the contract will end immediately, and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

8.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to;

8.2.2 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;

8.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;

8.2.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 4 weeks; or

8.2.5 you have a legal right to end the contract due to an error on our part.

8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products 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, are explained in more detail in these terms.

8.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:

8.4.1 any products which will be, or have been, produced and/or assembled by us (or our suppliers) to your order, i.e. bespoke products and products created through our fabrication service;

8.4.2 any products to which work has been carried out after delivery or collection, for example installing, cutting, oiling (save for a test patch), or which have been otherwise altered to remove them product from their original condition;

8.4.3 any products which become mixed inseparably with other items after their delivery.

8.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.

8.5.1 For purchases of products, you have 14 days after the day you (or someone you nominate) receives the products, unless:

8.5.1.1 Your products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the products.

8.5.1.2 Your products are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the products.

How to End the Contract With Us (Including if You Have Changed Your Mind

9.1 Tell us you want to end the contract. To end the contract with us, please contact us to let us know, for example by doing one of the following:

9.1.1 Phone or email. Call customer services on 0345 22 22 585 or email us at [email protected]. Please provide your name, home address, details of the order and, where available, your phone number and email address.

9.1.2 Online. Complete the form on our website. If you have not received a confirmation of receipt regarding your request to end the contract within a reasonable period of time, please contact us to ensure that we have received your request.

9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us in their original packaging. You must either return the products in person to where you bought them, post them back to us at Return Team, Direct Online Services LTD, Brearley Court Baird Road, Waterwells Business Park, Quedgeley, Gloucester, GL2 2AF or (if they are not suitable for posting) allow us, or someone nominated by us, to collect them from you. Please call customer services on 0345 22 22 585 or email us at [email protected] to arrange collection. If you are exercising your right to change your mind you must send off the products within 14 days of telling us, you wish to end the contract.

9.3 When we will pay the costs of return. We will pay the costs of return:

9.3.1 if the products are faulty or misdescribed;

9.3.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so due to an error on our part. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. We charge a minimum fee of £25 for collection of returned products and the actual cost of collection may be more if there are a large number of products to be returned. If that is the case, we will let you know as soon as is reasonably possible.

9.5 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

9.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

9.6.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop, or which is otherwise not permitted by these terms and conditions. This includes, but is not limited to, cutting the product, altering the product beyond carrying out a small oil patch test, installing the product, removing protecting coverings from the product to check contents or to perform a colour match, or unpacking the product beyond opening it to check its contents. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

9.6.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if you choose to have the product delivered more quickly at a higher cost, then we will only refund what you would have paid for the cheapest delivery option.

9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then and we have not offered to collect the product from you, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.

Our Rights to End the Contract

10.1 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:

10.1.1 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;

10.1.2 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;

10.1.3 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;

10.1.4 you are abusive or aggressive to our staff or our external delivery service partners;

10.1.5 you have otherwise breached these terms and conditions in a serious way.

10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 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.

10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know as soon as we are aware of us stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

If There Is a Problem With the Product

11.1 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 0345 22 22 585 or write to us at [email protected] or via post; Customer Services, Direct Online Services LTD, Brearley Court Baird Road, Waterwells Business Park, Quedgeley, Gloucester, GL2 2AF. Whilst we endeavour to respond to all questions or complaints promptly and within two working days, during busy periods it may take us longer to respond.

11.2 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.

Summary of your key 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.

The Consumer Rights Act 2015 says products 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:

a) Up to 30 days: if your products are faulty, then you can get an immediate refund.

b) Up to six months: if your products can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.

c) Up to six years: if your statutory rights under the Consumer Rights Act 2015 are breached, for example if products should but do not last a reasonable length of time, you may be entitled to some money back. A claim may be brought for up to six years following a breach of contract.