TERMS AND CONDITIONS
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 6. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
1. Important information
1.1 About us. We are C.K. Office Services LTD a company registered in England and Wales under company number 05737355 and with our registered office at Unit 10 Eldon Way Industrial Estate Paddock Wood Tonbridge Kent TN12 6BE. Our VAT number is 870157721. We operate the websites:
1.2 Contacting us. You may contact us by telephoning or emailing the relevant customer service team below:
1.3 If we have to contact you we will do so by e-mail or by post to the address you provide to us in your order.
2. Our Products
2.1 The images of the Products on our site and any illustrations, descriptive matter or advertising are for illustrative purposes only and shall not form part of the Contract or have any contractual force. Although we have made every effort to display the Products accurately and, in particular, the colours, materials and finishes, we cannot guarantee that the images accurately reflect the Products and your Products may vary slightly from those images.
2.2 If appearance, colour, material or finish of the Products is particularly important then we recommend that, where available, you order samples before placing an order for the Products.
2.3 We reserve the right to amend the specification of the Products if required by any applicable statutory or regulatory requirements.
2.4 Used Products are second hand items and will have been subject to previous use, wear and tear and may therefore have minor defects, damage and imperfections, such as scratches, discolouration, stains and minor dents.
2.5 Many of the Products can be made by the Product manufacturer to your measurements, specific option selection or specification. Please make sure any measurements, specific option selections or specification you select or provide to us are correct and accurate as unfortunately we cannot accept the return of made-to-order Products.
3. Use of your personal information
4. If you are a business customer
This clause 4 only applies if you are a business.
4.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
4.2 These Terms constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
4.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
4.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
5. How the contract is formed between you and us
5.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process as you are responsible for ensuring that that the order is complete and accurate.
5.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.3.
5.3 We will confirm our acceptance to you by sending you an order confirmation email (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation.
5.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
6. Our right to vary these Terms
6.1 We amend these Terms from time to time. Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
6.2 We may revise these Terms as they apply to your order if it is necessary to reflect changes in relevant laws and regulatory requirements. If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
7. Your consumer right of return and refund
This clause 7 only applies if you are a consumer.
7.1 If you are a consumer, you have a legal right to cancel a Contract (other than in respect of made-to-order Products), during the period set out below in clause 7.2. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product (other than a made-to-order Product), you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
7.2 Your legal right to cancel a Contract starts from the date of the Order Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract is:
(a) the end of 14 days after the day on which you receive the Products; or
(b) the end of 14 days after the day on which you receive the last installment of the Products if the Contract is for multiple Products delivered on separate days.
7.3 To cancel a Contract, you need to let us know that you have decided to cancel. The easiest way to do this is to contact the relevant customer service team on the contact details set out above at clause 1.2.
7.4 If you cancel your Contract we will:
(a) refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount;
(b) refund you any delivery charges paid in advance for Products that have not been delivered to you;
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Products then 14 days after the day on which we receive the Products back from you. For information about how to return a Product to us, see clause 7.6;
(ii) if you have not received the Product then 14 days after you inform us of your decision to cancel the Contract.
7.5 If you have returned the Products to us under this clause 7 because they are faulty or not as described, we will refund the price of the Products in full, together with any applicable delivery charges.
7.6 If a Product has been delivered to you before you decide to cancel your Contract:
(a) then you must return it to us along with all packaging materials and manuals without undue delay and in any event not later than 7 days after the day on which you let us know that you wish to cancel the Contract; and
(b) unless the Product is faulty or not as described (in this case, see clause 7.5), you will be responsible for the cost of returning the Products to us.
7.7 As made-to-order Products are made to your specific requirements, you will not be able to cancel your Order once it has been placed. This will not however affect your legal rights as a consumer in relation to made-to-order Products that are faulty or not as described.
7.8 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 7 or anything else in these Terms.
8.1 The majority of the goods that we sell are made-to-order and are not a stock item(s). This means they are made specifically for your order(s) only. It is the buyer’s responsibility to check if the item is a made-to-order items(s). There are strictly no returns and strictly no refunds on made to order goods. Delays may also happen as products, parts, materials are required to complete your order by the manufacturer.
Products made-to-order or bespoke cannot be cancelled or returned or refunded. A made-to-order goods item(s), is any product where you are specifying, for example, a colour, or fabric or vinyl type, wood colour, frame colour, top colour, edging type, and so on but not limited to.
CK Office services Ltd will try to ensure that made-to-order products are completed and delivered within the estimated lead time advised at the time of purchase. However, delays do occasionally arise due to production or shipping issues, out of our control. If a delay occurs, CK Office Services Ltd will communicate to you, the customer as soon as the manufacturer confirms the new estimated delivery date or notifies CK Office Services Ltd of any production delays. However, this does not mean you have the right to cancel such an order if it is beyond the estimated timeframe.
It is also the customers, buyer’s responsibility to check that the order is correct. We cannot and will not be held responsible in anyway whatsoever if you have ordered incorrectly. If you have ordered incorrectly we cannot and will not refund or cancel the order and all monies must be received.
9.1 We will confirm the estimated delivery date in the Order Confirmation. Any dates quoted for delivery are approximate only, and the time for delivery is not of the essence. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 16 for our responsibilities when this happens. We shall not be liable for any delay in delivery of the Products that is caused by your failure to provide adequate delivery instructions
9.2 Delivery will be either:
(a) by postal package for small orders; or
(b) by pallet or van delivery to the ground floor pavement level of the delivery address unless otherwise arranged with us prior to placing the Order.
9.3 You own the Products once we have received payment in full, including all applicable delivery charges. Delivery of an order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
9.4 Please inspect the Products upon delivery and contact us immediately and in any event within 24 hours of delivery with a full description and photographs (if necessary) if the Products we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity. If you notify a delivery problem to us we will:
(a) make good any shortage or non-delivery;
(b) replace or repair any goods that are damaged or defective; or
(c) refund the price of the Products in full, together with any applicable delivery charges.
10. International delivery
10.1 We do not ordinarily deliver to addresses outside the UK, so please contact the relevant customer care team on the contact details set out above at clause 1.2 to discuss delivery before ordering Products. We reserve the right to decline any order for Products requiring delivery to an address outside the UK.
10.2 If we agree to deliver to an international delivery destination, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
10.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before contacting us.
10.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
11. Price of Products and delivery charges
11.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 11.5 for what happens if we discover an error in the price of Products you ordered.
11.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
11.3 The price of a Product excludes VAT and you shall, on receipt of a valid VAT invoice pay such additional amounts in respect of VAT as are chargeable on a supply of Products. If the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
11.4 The price of a Product does not include delivery charges unless otherwise stated. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our delivery charges page or contact us.
11.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
12. How to pay
12.1 We accept the following methods of payment:
(a) Credit and debit card online or by telephone;
(b) BACS payment;
(c) Cheque; and
(d) Purchase order issued by government, a local authority or public body. We reserve the right to not accept a purchase order or to request further validation before acceptance. A deposit payment may be requested by us.
12.2 Payment for the Products and all applicable delivery charges is in advance.
13. Manufacturer guarantees
13.1 The Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions please contact the relevant customer care team on the contact details set out above at clause 1.2.
13.2 If you are a consumer, a manufacturer's guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described.
14. Used Products warranty
14.1 For used Products which do not have a manufacturer's guarantee, we provide a warranty that on delivery and for a period of 6 months from delivery, the used Products shall be free from material defects. However, this warranty does not apply to any defect in the used Products arising from:
(a) fair wear and tear;
(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
(c) if you fail to operate or use the used Products in accordance with the user instructions; or
(d) any alteration or repair by you or by a third party who is not one of our authorised repairers.
14.2 If you are a consumer, this used Products warranty is in addition to, and does not affect, your legal rights in relation to used Products that are faulty or not as described.
15. Our liability if you are a business
This clause 15 only applies if you are a business.
15.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
15.2 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
15.3 Subject to clause 14.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss of business opportunity;
(c) loss of anticipated savings;
(d) loss of goodwill; or
(e) any indirect or consequential loss.
15.4 Subject to clause 14.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Products.
15.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
16. Our liability if you are a consumer
This clause 15 only applies if you are a consumer.
16.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
16.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
17. Events outside our control
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.
17.2 An An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
17.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
This clause 18 only applies if you are a business.
18.1 Without affecting any other right or remedy available to us, we may terminate the Contract with immediate effect by giving you written notice if:
(a) you suspend, or threaten to suspend, payment of your debts or are unable to pay your debts as they fall due or admit inability to pay your debts or are deemed unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986;
(b) you commence negotiations with all or any class of your creditors with a view to rescheduling any of your debts, or make a proposal for or enter into any compromise or arrangement with your creditors;
(c) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or on connection with your winding up;
(d) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over you;
(e) the holder of a qualifying floating charge over your assets has become entitled to appoint or has appointed an administrative receiver;
(f) a person becomes entitled to appoint a receiver over your assets or a receiver is appointed over your assets;
(g) a creditor or encumbrancer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of your assets and such attachment or process is not discharged within 14 days;
(h) any event occurs, or proceeding is taken, in any jurisdiction to which you are subject that has an effect equivalent or similar to any of the events mentioned in clause 17.1(a) to clause 17.1(g) inclusive; or
(i) you cease, or threaten to cease, to carry on all or substantially the whole of its business.
18.2 Without limiting our other rights or remedies, we may suspend provision of the Products under the Contract if you become subject to any of the events listed in clause 17.1(a) to clause 17.1(h), or we reasonably believe that you are about to become subject to any of them, or if you fail to pay any amount due under this Contract.
18.3 Retention Of Title
(a) CK Office Services Ltd retain full ownership and full title of the goods which have been delivered until full payment / all monies has been received in full. The goods delivered remain the property of the seller until they are paid for in full.
(b) CK Office Services Ltd has the right to gain access onto, and into the customer’s property, and the buyer / customer will grant us full access or third party site to collect / repossess the goods if not paid for in full or if all monies are not received in full.
(c) All monies must be received for the goods supplied otherwise they remain the property and full title of CK Office Services Ltd.
(d) The buyer is to identify the goods which have been delivered by us or a supplier, courier, third party to allow CK Office Services Ltd to be able to collect / take away / repossess the goods.
(e) In the case of an Insolvency event, bankruptcy event, appointment of liquidators, and not limited to, the contract between the seller and the buyer / customer will terminate immediately and all monies are to be received immediately. If the buyer / customer cannot pay then the goods must be returned to CK Office Services Ltd as we retain full title of goods and remain the owners.
(f) In the case where liquidators or insolvency practitioners are involved they must help identify and deliver the goods back to CK Office Services Ltd or allow / grant CK Office Services Ltd full access to recover / identify / repossess / take away the goods where all monies have not been received in full settlement.
(g) Insolvency Practitioner must not sell the goods or repossess the goods if all monies have not been received for the goods in full unless permission has been granted from the courts.
(h) The seller remains the owner of the goods until such time as these and all other sums owed by the buyer to the seller are paid for in their entirety.
19. Other important terms
19.1 Assignment and other dealings. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
19.2 Third party rights. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
19.3 Severance. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19.4 Waiver. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
19.5 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
19.6 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
19.7 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).