Honest Living - Terms & Conditions
Honest Living Ltd – Terms and Conditions
Thank you for choosing Honest Living Limited trading as Sustainable Kitchens. We are passionate about people, places and design. Our mission is to inspire a sustainable lifestyle. We very much look forward to working on your project with you.
We try to keep our Terms and Conditions as simple as possible. We rely on trusting relationships with our customers. Our aim is to provide a perfect experience creating your new kitchen.
These Terms and Conditions apply only to individual consumers purchasing goods for personal use (that is, not in connection with, or for use in, their trade, business, craft, or profession). We have separate Terms and Conditions for business customers.
Placing an order with us constitutes an offer to purchase our services in accordance with these terms to the exclusion of all other terms, including (where permitted) those which might otherwise be implied by law, trade custom, practice or course of dealing.
INTRODUCTORY HONEST KITCHENS OFFER – FREE QUOOKER FLEX, FUSION ROUND, OR SQUARE
T&CS: Free Polished Chrome Quooker Flex, Fusion Round or Fusion Square with PRO3 tank (all finishes available at additional cost ). Any additions such as cube and scale control can be purchased additionally. Finishes can be upgraded from Chrome. Offer only available for new kitchen orders placed in December 2023 with a minimum spend of £25k +VAT. Deposit placed before 31st December 2023,
kitchen to be delivered before 30th June 2024. Customers will be required to pay Quooker installation fee.
Subject to availability whilst stocks last.
Any quotation we provide to you is valid for 30 (thirty) days (unless otherwise stated). All prices are listed as tax-exclusive, with VAT added to the final total at the end. Quotations will be updated during the design process and prices confirmed upon completion of your Project Specification. A final quotation update will be made after the site survey and final measure on the production of the Production Sign-Off (“PSO”). VAT will be charged based on the prevailing rate at that point in time.
Worktop prices are subject to change following templating after your kitchen has been installed. Templating identifies any unforeseen issues with worktop manufacture and installation to allow a final price to be confirmed. Any additional charges due will be communicated to you within 7 days of templating and will be incorporated into the final balancing payment due on completion of the installation.
Appliance prices supplied are based on the manufacturer’s current prices and are subject to change up to the point of order placement. All appliance purchases are made in a single transaction based on prevailing supplier lead times, with a view to having all appliances ready for installation. Appliance costs will be invoiced in full after their purchase has been made. For appliances with long lead times, we may require full appliance sign-off prior to the Project Specification sign-off to meet desired timescales.
Installation price includes all costs associated with installation, delivery, and hand painting. The quotation provides an estimate of these costs and is subject to change with any development or alteration related to the quotation following a site survey where access will be assessed.
We may vary the final contract price from the quotation by mutual agreement where products or services are different or in addition to those set out in the quotation.
In order to comply with statutory or regulatory requirements, we may need to make minor changes to the specification of the goods prior to delivery. Any such changes will not change any main characteristics of the goods and will not affect your use of those goods. However, ifany change is made that would affect your use of the goods, we will inform you of this in advance.
Where you have purchased appliances through us, the models supplied may differ from those set out on the quotation based on availability and product line changes made by the manufacturer. Any such changes will not change any main characteristics of the appliances and will not affect your use of them. However, if any change is made that would affect your use or design aesthetics of the appliances, we will inform you of this in advance.
Whilst we will make all reasonable efforts to ensure that the goods we deliver match the dimensions stated in the quotation (or any subsequent documents provided to you with updated dimensions), we cannot guarantee this and you should expect the final goods to fall within a reasonable tolerance of +/- 2mm of the previously stated cabinet dimensions.
We will not be able to install the goods (and would not recommend self-installation) unless and until
● All windows are fitted, and the building is sealed and dry
● The heating is tested and working (this may not be necessary for summer installations)
● Any new steelwork is in place
● All walls are in place and plastered
● Any concrete in the room must be dry
● Any core drilling has been completed
● 1st fix electrics is completed (cables installed for electrical supply)
● 1st fix plumbing (Water & Gas) is completed (pipes installed for water and gas supply)
● All works noted above are in accordance with the latest M&E drawing supplied by Sustainable Kitchens
● The building works in the rest of the property are at the same level of completion, or else will not otherwise interfere with the kitchen build
● All building inspector sign-offs have been completed.
To ensure readiness, we may ask for photographs to be provided three weeks ahead of your proposed installation date to check the following details:
● That the flooring is finished
● That the building is dry and there is no damp in the room
● That decorating will be completed prior to kitchen installation.
Please note, a failure to follow these guidelines may affect your Guarantee. Prior to delivery (and any installation), we require:
● Clear access to be available to the site for cabinetry, appliances and worktops
● No other tradespeople to be working in the kitchen space
● The room to be clear and free of any obstacles that could hinder the progress of the installation
● Enough clear floor space for up to three installers to work with tools, along with a clear area for cutting timber
Where we have been appointed to install the goods, we reserve the right to charge for additional labour based on any extra time it takes for us to complete the installation as a result of issues around access and parking and/or unknown features being present and/or material changes to the shape and size of the room that we were not advised of prior to completion of the Project Specification, or which were not reasonably identifiable by us upon completing our site survey. Where there are material differences from the Project Specification then this will require additional design time and a revised Project Specification to be completed after which we will requote you for the installation.
Where you are only purchasing goods from us and intend to install them yourself (or to engage a third party to do so on your behalf) the delivery price we quote is an estimate based on the prevailing market prices at the time of quotation and is subject to change. We will confirm the delivery price not less than 28 (twenty-eight) days prior to the scheduled date for delivery based on the actual prevailing costs that will be associated with delivery. We reserve the right, at our sole discretion, to engage a third party to deliver the goods to you on our behalf.
Price & Payments
If you agree to proceed based on a quotation, we will issue you with a series of invoices based on the milestones set out below throughout your project. You only need to pay us once you have accepted our quotation, agreed to our Terms and Conditions and received a digital invoice.
Time for payment shall be of the essence of the contract. All amounts due shall be paid to us in full without any set-off, counterclaim, deduction or withholding.
Unless otherwise agreed by us in writing, payment shall be made as follows:
● The first invoice will request a deposit of £5,000+VAT. This payment is required in order to begin advanced project detailing and specification as well as provisionally agreeing on manufacturing, delivery and installation dates. The
deposit is non-refundable.
● On satisfactory completion of your Project Specification, you will be issued a further invoice for 30% of the total project value less the deposit. For Concept Projects that include elements of further Research and Development to achieve a desired aesthetic or material, additional staged payments may also be applied prior to completion of the FDD.
● Appliances will be ordered altogether (based on prevailing supplier lead times) and invoiced in full at the time of ordering.
● A site survey and final measure will be conducted approximately 8 weeks before installation and final details sent for sign-off via DocuSign. Agreed delivery dates will be contingent on us being granted access to the site and the site being in a suitable condition for a site survey to be made.
● A further payment for 60% of the total project value (excluding appliances) will be due 8 weeks before the agreed delivery and/or installation date (“the Interim Payment”). This is required to authorise the manufacture of the goods.
● The final balance, including any chargeable adjustments made following the PSO, will be due upon completion of the project. If access to the site to complete the project is delayed by the client then Honest Living Limited trading as Sustainable Kitchens reserves the right to invoice the final balance in full prior to completion.
Where you are only purchasing goods from us and intend to install them yourself (or to engage a third party to do so on your behalf), unless otherwise agreed in writing, the same payment terms as set out above will apply, save that the final balancing payment will be due 7 days before delivery.
Kitchen deliveries that are delayed after the start of manufacture will be subject to the above payment schedule and a storage charge of £80.00 plus VAT per week will also be applied.
Where the installation date is moved or cancelled on less than four weeks’ notice prior to the scheduled installation date at the client’s request, we reserve the right to charge an additional fee of £5,000 to reflect the fact that we are unlikely to be able to schedule another job at short notice on that date. We will make all reasonable attempts to schedule another job in place of the delayed slot and if successful will refund the additional charge less our reasonable costs of securing the second job, including any liability that we incur with third parties linked to your installation and that we are unable to recover due to the short notice given.
All invoices are based on the most up-to-date quotation we have for your project and you acknowledge that the price may fluctuate over the course of the project due to changes in your requirements and/or changes in the cost base that is outside of our control. You may make changes to the design during the detailing phase up to the point of signing off the Project Specification, produced after completion of the site survey and final measure, very minor changes such as colour, worktop material and door hinge position can be made.
For any layout, or other significant changes (including, but not limited to, changes requested after the issue of the Signed Project Specification ), an additional charge of £85 plus VAT per hour will be added to the total cost to reflect the additional project management time we incur with our designers and suppliers as a result of these changes.
Payments typically are due within seven days after invoicing. If you fail to make a payment due to us by the due date, then, without limiting any other remedies we might have, you shall pay interest on the overdue sum from the due date until its payment in full. Interest will accrue each day at 4% a year above the Bank of England’s base rate from time to time but at 4% a year for any period when that base rate is below 0%. We will not apply interest if you have promptly contacted us to dispute an invoice in good faith. No interest will accrue while such a dispute is ongoing.
You agree to refund us for any costs and expenses incurred in recovering payment if you fail to make payment in accordance with these terms and conditions.
We may increase the price of the goods at any point up to 30 working days before delivery
(including following the Interim Payment), due to:
● Any increase in the costs of the goods that is due to any factor beyond our
reasonable control (including foreign exchange fluctuations, increases in taxes
and duties, and increases in labour, materials and other manufacturing costs);
● Any request by you to change aspects of the goods and/or the delivery date; or
● Any delay caused by any instructions you supply, or your failure to provide us with
full or accurate information or instructions.
Orders are not generally cancellable given that the goods are made to your bespoke specifications. We will retain the deposit should you seek to cancel the Order for any reason, where we have carried out work at the point you give us the notice to terminate, then we will deduct the value of that work from any discretionary portion of the deposit that we agree to voluntarily refund. If the value of the work that we have carried out is more than the deposit, then we will be entitled to raise an additional invoice to cover the value of those works.
By law, we must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information we have provided, and that match any samples or models that you have seen or examined (unless we have made you aware of any differences). If any goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect goods, please contact us as soon as reasonably possible to inform us of the fault, damage or error so that we can work with you to remedy the issue.
We will give you a Guarantee Certificate on completion. For kitchens installed by us, we offer thirty years of protection for the original purchaser against workmanship and installation defects. This guarantee does not extend to worktops, hardware, finishes or appliances. These may be covered by separate guarantees that you may be able to enforce directly with third parties (e.g. a manufacturer’s warranty on appliances). In the event of accidental damage or faulty goods reported during installation, we will arrange repair or replacement.
This guarantee does not cover any fault caused by installation if the installation was not completed by us. A separate guarantee is available for a period of ten years where we do not carry out the installation, although this is conditional upon the installation being completed to a professional standard by a competent workman following best practices and all relevant guidelines. The full terms of the self-installation guarantee will be provided to you separately.
We do not accept any liability for products not originally installed by us which may require alteration, modification or re-installing at your request.
We ask that you cooperate with us, including by arranging access at agreed dates and times agreed, and by supplying information as reasonably requested. You are responsible for obtaining any necessary permissions, licences and consents.
You are responsible for the correctness and accuracy of all measurements for products or materials given to us. Where these measurements are not correct and materials or products which are ordered, or provided by us, are the wrong size, you agree to pay for the expense of rectifying this.
You agree to clear the site of all furniture and property prior to our commencing work. This includes old kitchen units or fixtures, except where the quotation provides that we will remove these.
You agree to follow our reasonable instructions relating to safety and the state of work which has recently been completed by us or is in the process of being completed or to the state of the site in general, including directions and restrictions on appropriate usage, care and maintenance.
We are responsible for arranging the safe and lawful disposal of any waste materials which are generated or removed from the property as a result of our work. Unless the quotation specifies otherwise, you will be responsible for any cleaning and redecorating which is necessary after we have completed the agreed services.
We will manage and carry out the installation with reasonable care and skill, and accept responsibility for the standard of workmanship. We will comply with all relevant codes of practice, and statutory and regulatory requirements.
We will at all times hold a valid employer and public liability insurance policy with a reputable insurer, and will hold and keep up to date any and all licences or permits as may be required in order to provide the services.
We will take all reasonable steps to match our work to existing colours, finishes or other aesthetics as you request, but cannot fully guarantee any such match.
We will take all reasonable care with the property, including reasonable steps to protect furnishings, wall and floor coverings, but cannot take responsibility for any damage which is nevertheless caused.
The agreement shall continue until the services (or any mutually agreed addition, extension or variation thereof) have been provided, or until terminated in accordance with the below.
Without prejudice to the above, the agreement may be terminated immediately where any of the following circumstances arise:
● Either party commits a serious breach or persistent breaches of the agreement, including but not limited to the non-performance, neglect or default of any of the duties as outlined herein (including, but not limited to, a failure on your part to make payment within agreed timescales) and after notice of this breach has been given to the defaulting party it remains unremedied and unrectified ninety days after such notice (unless such breach relates to a failure on your part to make payment within agreed timescales, in which case the relevant period shall be fourteen days).
● Either party commits a breach of this agreement which cannot be remedied, takes any step or action in connection with it becoming insolvent or enters into a CVA or IVA.
Upon termination of this agreement, you shall pay to us all outstanding unpaid invoices and interest. In respect of goods or services supplied but for which invoices have not been submitted in full, we shall submit an invoice to reflect such sums as may represent work done and expenses incurred up to and including the date of the termination. Such invoice shall be immediately payable by you.
Any right to terminate this agreement shall be without prejudice to any accrued rights or liabilities arising out of this agreement which is in existence at the date of termination.
disclaimers and exclusions
We shall be responsible for losses you suffer caused by us breaching the agreement unless
the loss is:
● Unexpected in that it was not obvious to us that the loss would happen and nothing you said to us before we accepted your order meant that we should have expected it.
● Caused by a delaying event outside our control, including but not limited to acts of God, epidemic or pandemic, industrial action, war, fire, the threat of terrorism, civil disturbance or rioting, government or regulatory action, breakdown in plant or machinery or shortage of raw materials or supplies.
● Something that you could have avoided by taking reasonable action.
● A business loss in that it relates to your use of the goods for the purposes of a trade, business or profession.
Nothing in the agreement limits our liability to you which cannot legally be limited, including liability for: death or personal injury caused by negligence; or for fraud or fraudulent misrepresentation.
Nothing in the agreement seeks to exclude or limit your legal rights as a consumer. For more details on these, please refer to your local Citizens Advice Bureau or Trading Standards Office.
Subject to the above, our total liability to you shall not exceed 150% of the total price paid and/or payable for the goods.
You shall indemnify us against any loss or damage which results from your breach of this agreement or failure to abide by any of its terms.
Property rights and assumption of risk
Any property rights, title or ownership in any property or materials which are used by us in providing or delivering the service shall remain with us until you have made payment in full in accordance with these Terms and Conditions.
Risk and responsibility for any products or materials which are used in the supply, performance or delivery of the Services shall pass from us to you:
A) Upon delivery, where we are responsible for delivering the products or materials to you,
B) Where we are not responsible for delivery (for example, because you have chosen to collect the goods, or you have commissioned your own carrier to deliver the goods to you), at the moment the products or materials leave our premises.
We respect your privacy and comply with the Data Protection Act 2018. We will not disclose or pass personal details of customers to any third party other than sub-contractors and suppliers where this is associated solely with the provision of the goods and services for which you have engaged us.
Sustainable Kitchens shall not assign or transfer any of its rights, liabilities or obligations arising under the agreement without your prior written consent, such consent is not to be unreasonably withheld. You shall not be permitted to assign or transfer any of your rights, liabilities or obligations arising under the Agreement.
Neither party shall be liable for any delay or failure in performing its obligations or duties under the agreement which results from circumstances outside their reasonable control.
These Terms and Conditions and all other contractual terms between the parties shall be governed by and construed exclusively in accordance with the Law of England and Wales. Each party irrevocably agrees that the Courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising out of or in connection with the Agreement or its subject matter or formation.
This document, any agreed quotation and the agreement for services constitute the entirety of the agreement between the parties. It supersedes any prior representations which may have been made, whether orally or in writing. Any modification to this agreement must be made in writing and signed by both parties.
All clauses, sub clauses and parts thereof shall be severable and shall be read and construed independently. Should any part of the agreement be found invalid this will not affect the validity or enforceability of any other provision or of the agreement as a whole.
All terms, conditions and covenants contained herein shall bind the parties and their heirs, legal representatives, successors to title and permitted assignees. This agreement is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of this agreement.
The failure by either party to enforce any provision of this agreement shall not be deemed a waiver or limitation of that party’s right to subsequently compel and require strict compliance with every provision of this agreement.
Sustainable Kitchens is the trading name of Honest Living Ltd.
Company Registration No: 07162846. VAT Number:GB992073304. Registered Office: Honest
Living Limited, Unit D4, Avondale Works, Woodland Way, Kingswood, Bristol, BS15 1PA,