1.1 General
The customer’s attention is drawn to these terms and conditions of business. All quotations and contractualagreements are subject to these terms and conditions at all times.
Nothing in these terms and conditions shall affect the statutory rights of a consumer.
1.2 Definitions
“the company” shall mean Kube Interiors Limited whose registered office is at M1 Business Park, Courtlough, Balbriggan, Co. Dublin
“the customer” shall mean the person or persons, firm, business, partnership, company or other organisation by whom an order has been placed for the company to provide the goods.
“the goods” shall mean the goods supplied by the company to the customer as detailed in the contract and Includes any other associated items and all replacements thereof and additions thereto
“appliances” shall mean goods which comprise electrical or mechanical appliances manufactured by a third party or parties
“the premises” shall mean the customer’s address as detailed in the contract or any other premises or building agreed by the company where the goods are to be delivered
“the contract price” shall mean the amount payable by the customer under the terms of the contract
1.3 Contract
A contract for the supply of goods by the company to the customer shall only exist when an order has been placed by the customer and accepted by the company and the deposit has been paid in full.
No provisions, modifications, amendments, or variations of the contract by the customer shall apply unless they are in writing and are agreed and signed by or on behalf of the company. In such a case, these shall be deemed to be amendments to the contract end shall not constitute a new contract and the customer- shall confirm any such variation in writing as soon as requested by the company, but the company shall not be obliged to request or obtain such confirmation.
Where any variation to the goods is agreed by the company, after the date of contract, the company reserves the right to amend the contract and/or the contract price accordingly. Any typographical or clerical error or omission in any quotation, pricelist, contract, order, acceptance, invoice, or any other document issued by the company shall be subject to correction without any liability on the part of the company at whatever time and whenever such a correction shall be necessary.
These terms and conditions shall apply to every contract. The company shall not be bound by any terms and conditions which may be inconsistent with these terms and conditions.
1.4 Phone Numbers
If the customer has any queries from time of order to the delivery time, they should contact our delivery team on (01)
6906090. Payment queries can be directed to our accounts team at (01) 6906090.
1.5 Kube Ordering Process
1.5.1 General Terms for all purchases
1.5.1.1 Assembly and Fitting
The Company’s employees do not assemble or fit any product that we sell. It is the customer’s responsibility to identify and deal with a fitter/assembler of the customer’s choice. From time to time, we may have some names available that the customer can contact. We do not however accept any responsibility for their workmanship, their fees or their manner.
If the customer is appointing a fitter, it may be beneficial to ask the fitter to sign off on the measurements the customer provides the Company with.
All our kitchen units come pre-assembled. Handles are not on the doors, but all doors are pre-drilled. Kitchen units will come with some fitting instructions.
There is very little assembly required for our soft furnishings.
Most of our bedroom, office, living room and dining room furniture will require assembly. Some will require fitting.
Fitting and assembly instructions come with the products or can be downloaded from our web site.
It is recommended that the customer engage a fitter or assembler if they are is in any way doubtful about their abilityto complete the work themselves.
1.5.1.2 Payment
For orders with a value of less than €500, 100% payment is expected at the time of order.
For orders with a value of greater than €500, 50% of the payment is expected at the time of order. The final 50% is expected 11 days before delivery – our accounts department will contact the customer to arrange this. Unfortunately we are unable to offer cash on delivery facility.
Payment can be accepted by Credit Card, Debit Card, Cash or Cheque.
1.5.1.2.1 Credit Card
Cards accepted are MasterCard and VISA. All payments must be authorized electronically by our in-store terminals.
Deposits / First Payments can only be accepted if the cardholder is present in the store. Second payments may be accepted on the phone subject to some additional terms and conditions – please ask in store for details.
Maximum transaction size is €5,000.
1.5.1.2.2 Debit Card
Cards accepted are Laser cards and Visa Debit cards. All payments must be authorized electronically by our in-store terminals.
Deposits / First Payments can only be accepted if the cardholder is present in the store. Second payments may beaccepted on the phone subject to some additional terms and conditions – please ask in store for details.
Maximum transaction size is €5,000.
1.5.1.2.3 Cheques
Cheques usually take 5 business days to clear – the customer should ensure that we get payments in time for clearance before the payment is due.
1.5.1.2.4 Cash
The maximum cash transaction acceptable is €10,000.
1.5.1.3 Sign off meeting
In the customer’s sign-off meeting with the sales person, they will be stepped through the colours, materials, handles,dimensions, lead times, etc of the product that the customer has chosen. The customer will be signing off on a document detailing all of these aspects of their order – this represents what we will be sending on to our suppliers. It is the customer’s responsibility to ensure that they are happy with what they are signing off on.
We have four stages of quality checking for the customer’s order – two checks in our showrooms, one in our headquarters and one with our supplier in Germany. As a result of these checks, something may come to light that will cause the order to be modified slightly before being manufactured. We will call the customer in advance of placing an order where we have decided that it is necessary to make changes to what the customer have signed off on. These changes sometimes result in a modified price which we will discuss with the customer during that call.
The customer will be expected to provide us with signed-off measurements for their room in advance of this sign-off meeting. By signing the quotation, the customer is also signing off on the measurements in our final plans. These measurements will be used to determine the exact furniture layout that will fit into the customer’s space.
It is the customer’s responsibility to ensure that these measurements are accurate and contain details of any item that may impact the fitting of the furniture. If the customer is not comfortable with this, they should engage a fitter / surveyorto do it. The customer can use one of our layout drawings to assist in this process.
1.5.2 Specific terms for Kitchen and Wardrobe purchases
- For the customer’s kitchen or wardrobe order, they are expected to provide us with an accurate measured drawing, a budget and some details of preferred layouts, finishes, appliances, etc. This will enable us to create a design that matches their requirements.
- In our first presentation to the customer we will provide the customer with a summary quotation, perspective drawing and outline plan of the suggested layout at no cost. We will also spend up to an hour going through this layout with you.
- At this stage the customer needs to decide whether they want to continue with Kube Interiors for their order. They will have a very good idea of our costs and our processes, they will have seen our products and they will be in a very good position to progress to the next stage.
- To progress to the second stage in our process, we require a drawing fee of €250. This fee is to cover the time spent on second and subsequent drawings that may be required in order to get the customer’s layout exactly as they want it. For this fee, the customer will also eventually get more detailed drawings and a detailed final quotation. This fee is non-refundable. However, we will deduct it from the customer’s final order amount should they decide to proceed with us. It is not transferrable to other furniture.
- Measurements – these are the customer’s responsibility. The customer will bring in their measurements to the sales person and will sign off that these are accurate. We will not order furniture for the customer without having signed off measurements. We do not accept responsibility if these measurements are incorrect – see above in “Sign off meeting”. When the customer signs off on an order, they are also signing 4 off on the measurements in that order.
- We do not supply granite worktops. Nor do we supply wooden, glass, quartz or any other type of worktop for which there are no samples in our showrooms. We can provide the customer with an estimated quotation for one particular granite supplier, but it is the customer’s responsibility to go to that granite supplier to finalise the quotation. We do not accept any responsibility for the granite supplier’s products, workmanship or fees.
- The guarantee, parts and labour for these products are as per the manufacture guidelines in the leaflet accompanying the product.
1.5.3 Other products – specific terms
1.5.3.1 Appliances, Sinks and Taps
The guarantee, parts and labour for these products are as per the manufacture guidelines in the leaflet accompanying the product. The service agents are appointed through the importers and they should be contacted directly with any issues that may arise.
In respect of appliances, these are supplied to the company by a third party and carry a manufacturer’s warranty, which is typically 12 months. It is the sole responsibility of the customer to ensure that appropriate warranty documents are returned to the manufacturers of the appliances and The Company shall not be held liable for any failure of the customer in doing so.
The prices of appliances include contributions to a producer recycling fund to ensure that waste electrical and electronic equipment is collected and recycled in a responsible manner.
You are entitled to return WEEE within 30 days of point of sale on a one for one basis to this store. Please refer to www.environ.ie for more information.
The delivery team will remove on a like-for-like basis any old appliances. These must be disconnected from the mains, be presented in a clean state and be easily accessible to the delivery team. If this is not the case, the customer may be charged for The Company to return to their premises in order to collect them.
1.6 Kube Delivery and Collections
1.6.1 Delivery Process
When the customer has placed their order with us, the process is as follows:- Quality Checking by The Company
- Placing of the order with our suppliers
- Confirmation of the order by our suppliers, including confirmation of the quality of our order and confirmation of the week number of their delivery to our warehouse
- The Company’s delivery department calls the customer to give them an estimated delivery week number.This is not a confirmed date – we like to manage our customer expectations and at this stage we do not have control over the full process, so we cannot confirm until we are sure that the product is in our
warehouse. - Approximately 11 days before the expected delivery, our accounts department will call the customer toorganise final payments if necessary.
- In the week prior to the delivery week our delivery department will call the customer to finalise a date for delivery. We cannot give a time on that date for the delivery, but we do specify whether it will be in the morning or afternoon.
- We deliver to the customer on the agreed date. Roughly one hour before delivery, we will call the customer to say that we are on the way.
- The customer receives the goods and signs off to say that they were in good condition when received. It is the customer’s responsibility to ensure that anything they sign off on is as they required.
1.6.2 Phone Numbers
If the customer has any queries from time of order to the delivery time, they should contact our delivery team on (01) 6906090. Payment queries can be directed to our accounts team at (01) 6906090.
1.6.3 Access to the customer’s home
It is the customer’s responsibility to ensure that we have access to their home on the date of delivery. It is also the customer’s responsibility to ensure that we can get larger items into their home on that date.
1.6.4 Checking furniture on delivery
The customer will be asked to sign a delivery form on delivery of their product. It is their responsibility to open all packages to ensure goods are correct, in good condition and have all necessary parts.
We will provide the customer with products that are of the highest quality. Unfortunately we are not responsible for any damages that occur after
our delivery.
1.6.5 Lead times for products
Our products’ lead times vary depending on the supplier and the finish chosen. The customer will be informed of the expected lead time of the product during the sales process and at the sign-off meeting. Sometimes unforeseen circumstances lead to a change in this lead time (for example, a severe storm may impact shipments). We cannot accept responsibility for such delays.
1.6.6 Delivery charges
Delivery is free in the Dublin area. The customer will incur a delivery charge for all other areas. The customer will be informed of this delivery charge during the sales process.
1.6.7 Storage charges
The customer are required to take their products when we are ready to delivery them. Failure to do so will result in a storage charge of 3% of the VAT-inclusive value of the goods per week. This payment must be made before delivery is authorised.
1.6.8 Collections
All Collections must be made from our head office at M1 Business Park, Courtlough, Balbriggan, Co, Dublin (see map on our web site). No collections can be made from our showrooms.
Any collections must be confirmed with our head office at least 2 days in advance. The customer will receive a collection number, which the customer will need to quote upon collection. All collections must be between 10am and 4pm Monday to Friday. All goods being collected must be paid for in advance as normal.
On collection please open all packages to ensure goods are correct, in good condition and have all necessary parts. Unfortunately we cannot accept responsibility for any damages to goods after they have left our warehouse, as weare not in control of how they are handled and opened once they have been collected.
1.7 Kube Products
Colour differences in leather, wood and marble are to be expected (scars, knots and shading differences are natural and can sometimes be non-uniform in appearance). All wood products will be lighter in appearance when new, and will darken considerably over time.
1.8 Returns & Refunds
All payments received are non-refundable. This does not affect the customer’s statutory rights.
1.9 Examination and approval of goods
Our aim is to deliver our products in perfect order and complete. However, occasionally things can go wrong or arrive in a little less than perfect condition. In the unlikely event of this happening, we will order the missing components from our suppliers and endeavour to deliver them to the customer within five weeks.
Following delivery, the customer shell be afforded reasonable time to inspect the goods and/or the works and to advise the company of any shortages or defects reasonably discoverable upon careful examination. The company considers a reasonable time to be 7 days from the date of delivery, but accepts that this may vary in circumstances where the customer has advised or notified the company at the time of entering into the contract of any unusual circumstances or any reason why the customer should reasonably require more time to examine the goods end/or the installation works, end the same having been accepted by the company.
If the customer does not notify the company within the said 7 days of such shortage or defect, in the absence of such notification the company excludes all liability In respect of any defects or shortages. Any goods which the customer believes to be damaged or defective must be retained for inspection by or on behalf of the company.
If the company shall be reasonably satisfied that the goods are satisfactory and are as detailed in the contract and the goods are not damaged and/or the goods are not defective, then the contract shall be deemed to have been fulfilled insofar as the company’s obligations under the contract are concerned.
1.10 Force Majeure
The company shall be entitled, without liability on its part and without prejudice to its other rights, to terminate any contract or any unfulfilled part thereof, or, at its option, to suspend or give partial performance under it, if performance by the company or its suppliers Is prevented, hindered, or delayed whether directly or indirectly by any reason or any cause whatsoever beyond the company’s or ifs suppliers’ reasonable control whether or not such cause existed at the date upon which any contract was entered into.
Non-exhaustive illustrations include act or acts of God, war, riot, terrorism, explosion, abnormal weather conditions, fire, flood, government action, strike, lock-out, delay by suppliers, accidents and shortages of material, labour, or manufacturing facilities.
1.11 Measurements and Designs
In the event that the customer should submit drawings, designs, plans, proofs, measurements or specifications to the
company then
- The customer warrants that the use or performance of such will not infringe any third party’s Intellectual property rights and shall Indemnify the company against any such infringement, and
- The company will not accept any liability whatsoever for any Inaccurate or Incomplete information, drawings, or specifications whatsoever (unless the company has failed to adhere to the same)
- The company shall not be liable for any defects In the goods or the installation works arising directly or indirectly from compliance with any drawings, designs, specifications or order of the customer, the customer’s architects, builders, surveyors or any other advisor appointed by or upon the customer’s behalf.
1.12 Termination
In the event of any payment due by the customer to the company not being paid on the due date, or in the event of the customer becoming insolvent or bankrupt or a petition being presented or a resolution being passed for the liquidation or sequestration of the customer or a receiver, administrator, administrative receiver or judicial factor being appointed over all or any of the assets of the customer, or if any steps are taken In relation to any of the foregoing, or the customer making any voluntary arrangements with its creditors generally, then the company shall be entitled to treat any contract as repudiated and shall be entitled to suspend deliveries to the customer and the manufacture of any goods and the supply of the works for the customer upon giving notice thereof to the customer without being liable for any form of loss.
1.13 Termination due to Breach
Either party shall be entitled to terminate this agreement (without prejudice to any other rights in respect of breaches or terms of this agreement by the other) with immediate effect in the event of any fundamental breach by the other of these terms and conditions, save that in the event of such a breach being remedial, then notice will be given to the defaulting party to rectify and remedy any breech within 14 days of the date of such notice. The customer’s statutory rights are not affected.
1.14 Cancellation
The customer may not cancel any contract unless the company agrees to the same, and then only upon the terms that the customer shall indemnify the company against all costs incurred (including the cost of all labour, materials, administration costs and services used), and expenses incurred by the company as a direct result of the cancellation.
1.15 Entire Agreement and Representation
The customer confirms that they have not relied upon any warranty, representation, or undertaking of or on behalf of the company or of any other person in respect of the subject matter of these conditions save for any representation or warranty or undertaking expressly set out in the body of these terms and conditions and/or the contract and/or the quotation.
At all times it is the responsibility of the customer to ensure that goods ordered from the company shall comply with all appropriate laws, codes of conduct, guidelines, and legislation of any kind. This shall include (this list being indicative only and non-exhaustive) compliance with building regulations, health and safety guidelines and legislation, planning permissions, and disability access requirements.
The customer is advised to ascertain and verify compliance with all such matters with any appropriate third party prior to entering into the contract. Nothing in these terms and conditions is intended to restrict or limit the company’s liability for fraud or fraudulent or
negligent misrepresentation.
1.16 Miscellaneous
In the event of these terms and conditions conflicting with any other terms and conditions, then these terms and conditions shall prevail.
Failure or delay by the company in enforcing or partially enforcing any provision of the contract shall not be construed as a waiver of its rights generally under the contract.
If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part then the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected thereby.
Words importing the singular also include the plural and vice versa where the context so requires.