TERMS & CONDITIONS

MKB DESIGNS TERMS AND CONDITIONS
OUR TERMS (September 2021)

1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply
products to you.
1.2 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.

2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are? We are The Marlow Partnership Limited trading as “MKB Designs” a
company registered in England and Wales. Our company registration number is 11146220
and our registered office is at 10 Beech Court, Wokingham Road, Hurst, Berkshire, RG10
0RQ. Our registered VAT number is 286828644.
2.2 You. The Customer and no other for the purposes of this Contract.
2.3 How to contact us. You can contact us by telephoning us at 01628 478181 or by
writing to us at info@mkbdesigns.co.uk
2.4 How we may contact you. When we 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. We
routinely record telephone calls to ensure that the highest standard of service to you is
maintained.
2.5 "Writing" includes emails. When we use the words "writing" or "written" in these
terms, this includes emails.

3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when
we sign the order confirmation form, at which point a contract will come into existence
between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform
you of this and will not charge you for the product. This might be because the product is out
of stock or 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.
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3.3 We only sell to the UK. Our website is solely for the promotion of our products in the
UK. We do not usually accept orders from or deliver to addresses outside the UK. If you
would like to place an order form outside the UK, please contact us first before placing your
order.

4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products in our
suppliers’ brochures and catalogues, on our website, and in the designs, we produce,
including those produced as part of a quotation 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 or the printed pictures in our suppliers’ brochures or
catalogues or our designs accurately reflects the colour of the products. Your product may
vary slightly from those images. Your product may appear as a different colour or shade
once it has been installed. This might be because of the lighting used in the room the
products are installed in or background and surface colour or because of the items the
product is installed next to.
4.2 Suppliers’ brochures and catalogues. The images and descriptions of the products in
our suppliers’ brochures and catalogues are used by you and us to create designs and as a
part of a quotation. We make every effort to ensure that suppliers images and descriptions
are accurate, but these cannot be guaranteed. Your product may therefore not be available
exactly as the supplier’s brochure or catalogue describes. This might be because the product
has ceased production, or the supplier has made a mistake in its description.
4.3 Making sure your measurements are accurate. If we are making the product to
measurements, you have provided to us you are responsible for ensuring that these
measurements are correct.

5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered, please contact us. We will let
you know if the change is possible. If it is possible, we will let you know about any changes
to the price of the product, the timing for 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.

6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the product. We may change the product to implement minor
technical adjustments and improvements or to comply with applicable safety or statutory
requirements, for example to work around or incorporate cabling, ducting or pipework,
which could not be discovered by a standard site survey; or raising a shower tray because of
pipework which cannot be moved. If this is likely to cause significant changes to be made to
the product or its installation, we will contact you to advise you of the potential impact of
these changes. Please see clause 6.2 below.
6.2 More significant changes to the product and these terms. In addition, as we
informed you in the description of the product in our quotation, we may also have to make
more significant changes to the designs and product specifications attached to the order
confirmation (including the materials used), for example, to comply with listed building (or
similar) status or to comply with particular building consents and/or requirements. If more
significant changes are required, we may either:
(a) notify you of the proposed changes, including any change to the cost of the product,
so that you may (if you choose to) end the contract and receive a full refund before the
changes take effect; or
(b) where these changes are required because you have failed to provide us with the
information required as set out in clause 7.14 (such as details of the building’s listed status
or specific building consents), end the contract ourselves in accordance with clause 9.1 and
refund any money you have paid in advance, but we may deduct or charge you reasonable
compensation for the net costs we have already incurred.

7. PROVIDING THE PRODUCTS AND SERVICES
7.1 Installation. You can choose your own trades people. This choice can include
independent trades people known to us who understand our products . If you choose trades
people known to us, we will ensure that they attend to meet you before installation to
enable them to provide an estimated cost for your installation. We will not be liable for the
quality or progress of their work. Hence, these terms do not apply to the engagement of any
independent trades people including those known to us, and you will be responsible for
agreeing any terms (including payment terms) directly with them.
7.2 Delivery and installation costs. The costs of delivery and installation will be as told to
you during the order process. The cost of Installation will be based upon costings supplied by
your chosen independent trades people. Their costing will be based upon what can be seen
by them at the pre installation visit and cannot take account of work required which cannot
be seen or envisaged at the time. Unless otherwise agreed, you will be responsible directly
for payment of trades people costs.
7.3 Project Management and Oversight. Project management is a service option
normally at extra cost. Where we agree with you that we will support an installation with
project management and oversight, it is to the extent of the works specified in the
agreement and any other work that is added at extra cost. Such support may involve e.g.,
site monitoring visits, coordinating with trades people and delivery of materials. Such
support cannot be assumed by you as if we are permanently present at the address or site of
installation but, is to ensure that as far as is reasonably possible, the specified work
progresses without undue delay or interruption. See also 7.4 & 7.6.
7.4 Supply only. This may simply be as it states, or it may be based upon an MKB Designs
design along with supply. Supply only does not include any other support or assistance other
than that afforded as a courtesy to ensure that the products and any designs supplied are
consistent with our desire to offer the best service.
7.5 When we will provide the products. During the order process we will agree with you
when we provide the products. This may be a specific date or a week beginning date. We
will confirm exact dates as soon as we have them from suppliers.
7.6 Place of Delivery. If we deliver, we will deliver the products to your address, or
another place as agreed between us using normal means of delivery and access. We would
normally deliver to the front of your home or the installation site. Extra charges will be
incurred if we agree to support delivery of the products to a place or location that requires
special lifting equipment, techniques that require special training or a specially devised
scheme of work.
7.7 Installation Time. We will provide well informed guidance based upon our
experience and advice supplied by any independent trades person who may be involved in
the provision of installation services. It is not possible to commit to specific completion
deadlines given the variables that can arise. We do though work with all parties to ensure
that work is completed within the shortest reasonable time scales.
7.8 Delays. We are not responsible for delays outside of our control. If delivery or
installation of the products is delayed by an event outside of our control, then we will
contact you as soon as possible to let you know. We will always endeavour to minimise the
effect of any 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. Further, we cannot be
responsible for delays that occur during an installation that are outside of our control e.g.,
attendance and progress of independently employed or self-employed trades people,
additional, non-specified or extra work that you ask trades people to do that diverts or slows
the progress of the specified work.
7.9 Collection by you. If you have asked to collect the products from our premises, you
can collect the products from us at any time during our working hours of 8am to 5pm on
weekdays and 10am to 5pm Saturdays or as agreed by us.
7.10 If you can’t take delivery when we have agreed. If you can’t receive products from us
when we have agreed, we will do our best to redeliver at another time. For larger furniture
deliveries, we require at least two weeks’ notice. Where this is not given, we will charge
reasonable storage and redelivery fees.
7.11 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 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 9.2 will apply.
7.12 If you wish to re-arrange delivery. If you would like to delay the delivery of the
products (for example because your builder is delaying installation) then we may charge you
reasonable storage costs until we are able to deliver the product.
7.13 If you do not allow us access to install. If you have asked us to be involved in
coordinating the installation of the products for you and you do not allow access to your
property as arranged (and you do not have a good reason for this) we may charge you
additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable
to contact you or re-arrange access to your property we may end the contract and clause 9.2
will apply.
7.14 Your legal rights if we deliver late. You have legal rights if we deliver any products
late. If we miss the delivery deadline for any products, then you may treat the contract as at
an end straight away if any of the following apply:
(a) we have refused to deliver the products;
(b) delivery within the delivery deadline was essential (taking into account all the
relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline
was essential.
7.15 Setting a new deadline for delivery. If you do not wish to treat the contract as at an
end straight away, or do not have the right to do so under clause 7.9, you can give us a new
deadline for delivery, which must be reasonable, and you can treat the contract as at an end
if we do not meet the new deadline.
7.16 Ending the contract for late delivery. If you do choose to treat the contract as at an
end for late delivery under clause 7.9 or clause 7.10, you can cancel your order for any of the
products or reject products that have been delivered. If you wish, you can reject or cancel
the order for some of those products (not all of them), unless splitting them up would
significantly reduce their value. After that we will refund any sums you have paid to us for
the cancelled products and their delivery. If the products have been delivered to you, you
will have to return them to us or allow us to collect them, and we will pay the costs of this.
7.17 When you become responsible for the products. The product will be your
responsibility and at your risk from the time we deliver the products to the address you gave
us, or you collect them from us.
7.18 When you own the products. You own the products once we have received payment
in full.
7.19 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 and install them for
you, for example, the colours required, handles or other product specifications. If so, this
will have been stated in the description of the products on the order confirmation form. We
will contact you to ask for this information. We also require you to advise us if the building
in which the products are to be installed is a listed building (or has similar status) or requires
any specific building consents or authorisations. You must supply us with evidence that our
plans have been approved by the relevant authority if required. 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 (see clause 9.1) 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 or installing the products late or not supplying or
installing 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.

8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end the contract for supply of a product before it has been
delivered, installed, and paid for. You may contact us to end your contract for a product at
any time before we have delivered and installed it and you have paid for it, but in some
circumstances, we may charge you for doing this, as described below. Of course, you always
have rights where a product is faulty or mis-described (see clause 10, "If there is a problem
with the products").
8.2 What happens if you have good reason for ending the contract. If you are ending the
contract for a reason set out at (a) to (e) below the contract will end immediately and we
will refund you in full for any products which have not been provided or have not been
provided properly and you may also be entitled to further compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which
you do not agree to (see clause 6.2);
(b) 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;
(c) there is a risk that supply of the products may be significantly delayed because of
events outside our control; or
(d) you have a legal right to end the contract because of something we have done
wrong (but see clause 7.11 in relation to your rights to end the contract if we deliver late.
8.3 What happens if you end the contract without a good reason. If you are not ending
the contract for one of the reasons set out in clause 8.2, then the contract will end
immediately and we will refund any sums paid by you for products not provided but we may
deduct from that refund (or, if you have not made an advance payment, charge you)
reasonable compensation for the net costs we will incur as a result of your ending the
contract. In the case of products which are made to your personal specification and which
we are unable to resell these net costs could include the full price for these products and the
cost of their storage for a reasonable period until their disposal and the cost of their
disposal.
8.4 Returning products after ending the contract. If you end the contract after products
have been dispatched to you and (because we cannot recall them) they are delivered to you,
you must return them to us. 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 are exercising your legal rights to
end the contract because of something we have done wrong then we will pay the costs of
return. In all other circumstances you must pay the costs of return.

9. OUR RIGHTS TO END THE CONTRACT
9.1 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:
(a) 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;
(b) 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, for example, evidence our designs comply
with listed building consent or specified permissions relating to the building in which the
products are to be installed as set out in clause 7.14;
(c) you advise us, or we discover that the building in which the products are to be
installed is a listed (or similar) building or is subject to certain building consent or
authorisations which we are unable to comply with in the circumstances; or
(d) you do not, within a reasonable time, allow us to deliver the products to you and
install them or collect them from us.
9.2 You must compensate us if you break the contract. If we end the contract in the
situations set out in clause 9.1 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. IF THERE IS A PROBLEM WITH THE PRODUCT
10.1 How to tell us about problems. If you have any questions or complaints about the
product, please contact us. You can telephone 01628 478181 or write to us at
info@mkbdesigns.co.uk Alternatively, please speak to one of our staff in-store.
10.2 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.
10.3 Your obligation to return rejected products. If you wish to exercise your legal rights
to reject products you must either return them in person to where you bought them, post
them back to us or (if they are not suitable for posting) allow us to collect them from you.
We will pay the costs of postage or collection.

11. PRICE AND PAYMENT
11.1 Where to find the price for the product. The price of the product (which includes
VAT) will be the price set out in the quote or order confirmation signed or agreed by you and
by us. We take all reasonable care to ensure that the price of product advised to you is
correct. However please see clause 11.3 for what happens if we discover an error in the
price of the product you order.
11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your
order date and the date we supply the product, we will adjust the rate of VAT that you pay,
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 goods 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:
up to 30 days: if your goods are faulty, then you can get an immediate refund.
up to six months: if your goods can't be repaired or replaced, then you're entitled to a
full refund, in most cases.
up to six years: if your goods do not last a reasonable length of time you may be
entitled to some money back.
unless you have already paid for the product (including delivery and installation costs) in full
before the change in the rate of VAT takes effect.
11.3 Cost of Materials. Materials such as those purchased by us to support installation
will be included in your quote or, recharged to you separately including a handling charge of
fifteen percent. Where materials included in a quote exceed the included amount, we retain
the right to send a supplementary recharge.
11.4 What happens if we got the price wrong? It is always possible that, despite our best
efforts, some of the products we sell may be incorrectly priced. We will normally check
prices before accepting your order so that, where the product's correct price at your order
date is less than our stated price at your order date, we will charge the lower amount. If the
product's correct price at your order date is higher than the price stated in the order
confirmation signed by you and by us, we will contact you for your instructions before we
accept your order. If we accept and process your order where a pricing error is obvious and
unmistakeable and could reasonably have been recognised by you as a mispricing, we may
terminate the contract, refund you any sums you have paid and require you to return the
product at our expense.
11.5 When you must pay and how you must pay. We accept payment with cash, bank
transfer, cheque, debit card, credit card and AMEX. When you must pay for the products is
set out in the order confirmation signed by you and by us. See clause 7.2 concerning
payment of installation costs.
11.6 We can charge interest if you pay late. If you do not make any payment to us by the
due date, we may charge interest to you on the overdue amount at the rate of 4% a year
above the base lending rate of The Bank of England from time to time. This interest shall
accrue on a daily basis from the due date until the date of actual payment of the overdue
amount, whether before or after judgment. You must pay us interest together with any
overdue amount.
11.7 What to do if you think an invoice is wrong. If you think an invoice is wrong, please
contact us promptly to let us know. You will not have to pay any interest until the dispute is
resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums
from the original due date.

12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail
to comply with these terms, we are responsible for loss or damage you suffer that is a
foreseeable result of our breaking this contract or our failing to use reasonable care and skill,
but, except as set out in clause 12.2 we are not responsible for any loss or damage that is
not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if,
at the time the contract was made, both we and you knew it might happen, for example, if
you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful
to do so. This includes liability for death or personal injury caused by our negligence or the
negligence of our employees, agents or subcontractors; for fraud or fraudulent
misrepresentation; for breach of your legal rights in relation to the goods, including the right
to receive goods which are: as described and match information we provided to you and any
sample or model seen or examined by you; of satisfactory quality; fit for any particular
purpose made known to us; and, where installed by us, correctly installed; and for defective
products under the Consumer Protection Act 1987
12.3 When we may be liable for damage to your property. If we are installing the
products or providing other services in your property, we will make good any damage to
your property caused by us while doing so. However, we are not responsible for the cost of
repairing any pre-existing faults or damage to your property that we discover while
providing the services.
12.4 Failure to follow instructions and guidance on use of products. We are not liable for
any loss or damage you suffer as a result of your failure to follow any instructions or
guidance as to the installation or usage of the products we supply to you, including any use
of products in excess of any performance or load bearing specifications stated in the
suppliers’ or manufacturers’ literature supplied to you with the products.
12.5 If you modify or adapt the products. We shall not be liable for any loss or damage
you suffer as a result of any modification or adaption of the products carried out by you or a
third party (except where such third party is instructed by us to do so).
12.6 We are not liable for business losses. We only supply the products for domestic and
private use. If you use the products for any commercial, business or re-sale purpose we will
have no liability to you for any loss of profit, loss of business, business interruption, or loss of
business opportunity.

13. HOW WE MAY USE YOUR PERSONAL INFORMATION
We will only use your personal information as set out in our Privacy Policy. A copy of our
Privacy Policy can be found on our website at mkbdesigns.co.uk/terms

14. OTHER IMPORTANT TERMS
14.1 We may transfer this agreement to someone else. We may transfer our rights and
obligations under these terms to another organisation. We will always tell you in writing if
this happens and we will ensure that the transfer will not affect your rights under the
contract.
14.2 You need our consent to transfer your rights to someone else. You may only transfer
your rights or your obligations under these terms to another person if we agree to this in
writing.
14.3 Nobody else has any rights under this contract. This contract is between you and us.
No other person shall have any rights to enforce any of its terms. Neither of us will need to
get the agreement of any other person in order to end this contract or make any changes to
these terms.
14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the
paragraphs of these terms operates separately. If any court or relevant authority decides
that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not
insist immediately that you do anything you are required to do under these terms, or if we
delay in taking steps against you in respect of your breaking this contract, that will not mean
that you do not have to do those things and it will not prevent us taking steps against you at
a later date. For example, if you miss a payment and we do not chase you, but we continue
to provide the products, we can still require you to make the payment at a later date.
14.6 Which laws apply to this contract and where you may bring legal proceedings. These
terms are governed by English law and you can bring legal proceedings in respect of the
products in the English courts. If you live in Scotland, you can bring legal proceedings in
respect of the products in either the Scottish or the English courts. If you live in Northern
Ireland, you can bring legal proceedings in respect of the products in either the Northern
Irish or the English courts.