1. Definitions

1.1 The "Buyer" means the Account Applicant or person who buys or agrees to buy Goods from the Seller.

1.2 The "Seller" means Contract Appliance Distribution Limited trading as whatkitchen.com.

1.3 "Conditions" means the Conditions of Sale set out in this document and any special conditions agreed in writing by the Seller.

2. Conditions

2.1 These "Terms and Conditions" do not affect your statutory rights as a consumer.

2.2 All contracts of sale made by the Seller shall be deemed to incorporate these terms and conditions, which shall prevail over any other document or communication from the Buyer.

2.3 If any amendments to this terms and conditions are required it is preferable that they be confirmed in writing.

2.4 Acceptance of delivery of Goods shall be deemed conclusive evidence of the Buyers acceptance of these Conditions.

3. Prices

3.1 The Price shall be that on the Seller's current list price, web site, or if applicable the price contained in the Seller's Quotation.

3.2 Should a product's price change between receipt of order and dispatch the buyer will be notified and given the opportunity to cancel the order and receive a full refund.

3.3 All Prices are inclusive of VAT.

3.4 Payment must be made in full before dispatch of any Goods.

3.5 If any act or proceedings shall be commenced in which the Buyer's solvency is concerned, all monies under any transaction covered by these Conditions shall become immediately due and payable.

3.6 Discounts/Promotions: These can not be used in conjunction with other offers or discounts issued on whatkitchen.com. Only one discount or Promotion can be used at any one time per order. What Kitchen reserves the right to cancel any promotion and or Discounts at any time. Promotions are subject to availability of stock.

4. Warranty and Liability

4.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977, Section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, Common Law or otherwise are excluded and the Buyer is satisfied as to the suitability of the Goods for the Buyer's purpose.

5. Delivery

5.1 Products supplied within the UK, as hardcopy will normally be delivered within 28 working days of receipt of order. (up to 35 days for most painted options)

5.2 Where a specific delivery date has been agreed, and if this delivery date cannot be met the Buyer will be given the option to agree a new delivery date or receive a full refund.

5.3 Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or Company arising directly or indirectly out of any failure to meet any estimated delivery date.

5.4 Orders that qualify for free delivery are subject to conditions and will only be for mainland UK Not including Isle of White, Isle of Man or any of the Channel Islands. Outer Hebrides deliveries will be charged on an individual basis. Where shipping and mainland charges are apparent these will have to be paid by the customer prior to delivery.

7. Ownership and Risk

7.1 The risk in Goods shall pass to the Buyer upon delivery of the Goods or upon the Goods being appropriated to the Buyer but kept at the Seller's premises at the Buyer's request.

7.2 The Seller remains the owner of the Goods affected by the Contract until the Seller has been paid in full for such Goods.

7.3 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within three working days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do this they are deemed to have accepted the Goods.

7.4 Any Goods in respect of which any claim of defect or damage is made shall be preserved by the Buyer intact together with the original packing at the Buyer's risk and either:

a) retained by the Buyer for a reasonable period to enable the seller or its agent to inspect or Collect the Goods or

b) at the Seller's option returned by the Buyer to the Seller who will refund the cost of postage and packing to the Buyer if the Goods are in fact defective. The Buyer will be required to present a receipt for postage before a refund will be made.

8. Cancellation and Returns

8.1 All goods delivered are to be inspected and any damages need to be reported within 48 hours of delivery. Failure to do this may result in the damaged item not being replaced/refunded:

8.2 If it is agreed that the goods are to be returned:

a) A Goods Return number obtained from the Seller must be clearly shown on the returned parcels.

b) The Buyer will be liable cost of remedying any damage to the Goods returned where such damage has, in the opinion of the Seller, been caused by the Goods being inadequately packaged by the Buyer or through the Buyer's fault.

9. Force Majeure

9.1 In the event that the Seller is prevented from carrying out its obligations under a contract for sale as a result of any cause beyond its control such as but not limited to Acts of God, War, Strikes, Lock-outs, Flood and Failure of third parties to deliver goods, the Seller shall be relieved of its obligations and liabilities under such contract for sale for as long as such fulfillment is prevented.

10. No Waiver

10.1 The Seller's failure to insist upon strict performance of any provision of these Conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the Buyer in performance or compliance with any of these conditions.

11. Liability

11.1 Except as may be implied by law where the Buyer is dealing as a consumer, in the event of any breach of these Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential damage.

12. Complaints

12.1 If you have a complaint about our service or any goods or services you purchase from whatkitchen.com then please contact us immediately. You will be contacted as soon as possible and definitely within 48 hours of our hearing from you and aim to provide a resolution within 5 working days.

12.2 All complaints will be dealt with in a fair and confidential manner.

13. Misc

13.1 Any contracts shall in all respects be construed and operate as an English contract and in conformity with English law.

13.2 If any part of these terms and conditions that is not fundamental is found to be illegal or unenforceable, such finding will not affect the validity or enforceability of the remainder of these terms and conditions.