Please read these Terms and Conditions carefully before placing an order with us.
These Terms and Conditions, together with any other documents or website referred to herein (“T&Cs”) set out the terms under which Products are sold by us to retail and business customers (“you”) through this website, www.kandhdesign.co.uk/no-straight-lines, (“our Site”). These T&Cs apply to any Contract between us for the sale of any of our Products or goods.
These Terms of Sale explain who ‘No Straight Lines’ is, how our Products may be ordered, contracted and sold; how you or we may amend or cancel an order; and other important information.
We reserve the right to amend or update our T & Cs at any time without notice to you. It is the customer’s responsibility to ensure that they are familiar with the currently applicable T&Cs as shown on our Site.
You should also refer to K & H Design Limited’s Terms of Use at https://www.kandhdesign.co.uk/terms-conditions/ ; our Privacy and Cookie Policy at https://www.kandhdesign.co.uk/no-straight-lines/privacy-policies.
Please note that by using our Site and placing an order with us, you are explicitly agreeing to be bound by these T & Cs.
1. Words and Terms
“us”,”we” “our”
refers to K & H Design Limited (“K &H”) and ‘No Straight Lines, a division of K & H, together with, as applicable ,our respective subcontractors, associates and authorised personnel;
“you”
refers to the person placing the order and includes any person on whose behalf the order is placed;
“order”
the written order placed with us via our Site or otherwise (email, fax or post);
“Contract”
the Contract between you and us arising upon our acceptance of your order as described in para. 2.4 below;
“person”
means and includes any individual, partnership, body corporate or incorporate.
“in writing” ”written”
includes email and other acknowledged electronic means of communication.
2. Placing and Confirmation of an order
2.1 Most of our Products are handcrafted items, manufactured to order. Every effort is made to ensure that the images of Products displayed on our Site are good and accurate representations of the Product. To the extent that there is any minor or non-material discrepancy in colour or finish you will not be entitled to regard this as a fault or reason to reject or return a Product.
2.2 All orders must be placed in writing. The same applies to any amendments to an existing order. We cannot accept any liability for mistakes or misunderstandings that are likely to occur if reliance is placed on telephone or non- written instructions.
2.3 No contract arises between us until we have accepted your order.
2.4 On receipt of an order we will issue a pro-forma invoice setting out the amount and times of payment and your order will be deemed accepted when we receive the first payment due under the invoice. In general, retail customers will be obliged to pay the full amount due prior to the fabrication and/or shipment of the ordered Product
2.5 Any delay in making payments when due may lead to a delay in the anticipated receipt of a Product
3. Stock Items vs Bespoke Products
3.1 Product items that we hold in stock are sold “as seen” and subject to the conditions referred to in paragraph 2.1 above.
3.2 Items that are ‘made to order’ affords you the opportunity to choose bespoke specifications within a range , where possible, of colour, material , finishes and/or dimensions. All individual specifications must be put in writing and agreed by us so as to ensure that fabrication is practicable. Please note that we are only able to work to our own style and to the limitations of the materials we work with.
3.3 You will be responsible for the accuracy and completeness of the specifications to which we fabricate your item.
3.4 In all cases we reserve the right to cease to sell a particular Product or to alter the specification of a Product which is currently shown on our Site or in any other promotional literature.
4. Prices and Payment
4.1 Unless otherwise specifically agreed, all payments must be made in pounds Sterling.
4.2 Product prices are quoted inclusive of VAT unless specifically stated otherwise and will be set out in the pro-forma invoice you will receive prior to acceptance of an order.
4.3 Prices quoted do not include shipping costs which will be separately calculated depending upon the shipping destination and means of transport.
4.4 Prices quoted to individual prospective customers will be held for 30 days. Prices shown on our Site may be varied at any time.
4.5 In the event of late payment or any failure to pay us amounts due by the stated due date, we reserve the right to charge interest on the outstanding amount at the rate of 4% above the base lending rate of HSBC Bank plc from time to time. Interest accrues on a daily basis both before and after judgement until the overdue amount is paid.
4.6 You will be responsible to pay in full for items the subject of a Contract whether or not you ultimately do not want them. Products may only be rejected and payment refunded if they are faulty in some material respect due to our negligence or default.
5. Additional Charges
5.1 Bespoke Products will be subject to charges in excess to any guide prices for the type of Product depending on the degree of difficulty and length of time required to meet individual specifications.
5.2 To the extent that you seek to amend or alter your order as to the description of the Product, shipment details or otherwise, we reserve the right to impose additional charges to reasonably reflect the additional cost to us or third party participants.
5.3 Where you require us to supply samples of fabrics or Products generally or carry out tests for you, we will charge a fee which will be agreed with you in advance.
6. Amending an Order
6.1 With respect to items which we, or our third party stockists, hold in stock, changes to your order may be accepted at our sole discretion at any time up to the date of shipment.
6.2 With respect to items that are bespoke to be made to your individual specifications, no amendment can be considered at any time after fabrication has begun. Prior to that date they will be accepted only at our discretion.
7. Shipping, Delivery and Storage
7.1 Prices quoted do not include the cost of shipping or storage beyond the stated delivery date.
7.2 Unless otherwise agreed, ordered Products will be delivered first to our premises for inspection after which we will arrange transport to your chosen destination.
7.3 You may arrange to take delivery of your Product at our premises or elsewhere, such as the workshop. If delivery is arranged by you the risk of damage in transit is yours and we will not be liable to replace or repair the item.
7.4 We will offer an export packing and shipping service to include insurance, provision of export documentation and freight. If you choose to arrange your own shipping you will be responsible for all of the foregoing and our responsibility ends at the time you pick up the goods.
7.5 If you are unable to accept delivery within 3 days of the due delivery date, we may charge you a storage fee at rates we may quote or at rates consistent with comparable commercial rates for storage in the applicable area.
8. Acceptance or Rejection of Products
8.1 Immediately on delivery you should unpack and carefully inspect your Product, taking photographs of any damage or defect you see on inspection.
8.2 If you have any problems with the Product you should notify us in writing within 48 hours of delivery stating the nature of the damage or defect.
8.3 Please take note of your statutory rights as a consumer under the Sale of Goods Act or otherwise.
9. Returns
9.1 We hope you will be happy with your purchase. If you are not entirely satisfied Products which we hold in stock may be returned, unused and in a saleable state, to [ Studio 6A, South Park Studios, 88 Peterborough Rd, London, SW6 3HH ] within 14 days of receipt.
9.2 Any bespoke items fabricated to individual specifications cannot be returned unless they are damaged or defective on receipt.
9.3 Prior to any return please contact us at: No.Straight.Lines@kandhdesign.co.uk or telephone number: 44+(0)20 7736 3610
10. Intellectual Property Rights
10.1 All design copyright and other intellectual property rights (whether or not registered or capable of registration) in and to Products based on designs from K & H Limited or No Straight Lines remain at all times our property and may not be copied, used or otherwise dealt in by you without our consent in writing.
10.2 In addition, we take all reasonable care to ensure that design work used in our Products is original and does not infringe the intellectual property rights of third parties.
10.3 You agree to indemnify us in full, on a continuing basis (beyond termination of the Contract) for and against any damage, liability, cost or expense (including reasonable legal and other professional fees) and losses (including direct, indirect and consequential losses, interest and penalties) suffered or incurred by us in connection with a claim against us for the breach of a third party’s intellectual property rights caused by our use of any specification provided to us by you.
11. Representations and Warranties
11.1 We warrant only that your Product will comply with the general description and narrative attached to a particular Product on our Site. In so far as we will be aware, your Product will be free of defect or damage as delivered.
11.2 No warranty is applicable to the extent that you use the Product in any way contrary to our instructions or in a manner inconsistent with its stated purpose. You should strictly follow all care instructions that accompany your Product, including any relating to conditions relating to conditions of display or storage.
11.3 The warranty in paragraph 10.1 does not apply to any defect in a Product caused by:
12. Limitation of our Liability to You
12.1 Other than as explicitly given in these T &Cs, no representations or warrants, express or implied are given by us to you.
12.2 You agree that you do not, and have not relied, on any representation, assurance or promise (whether made negligently or mistakenly)
12.3 Under no circumstances will we accept any liability whatsoever for indirect or consequential loss of whatever nature, including loss of profit, sales or business opportunity, all of which are expressly excluded from our liability and you hereby waive any rights that you might otherwise have had in law to claim such losses or damage.
12.4 We are not permitted by law to exclude our liability to you for fraud or fraudulent misrepresentation nor death or personal injury caused by our negligence.
12.5 Subject to the foregoing, in no circumstances shall our liability to you for any loss arising in connection with an order or a Contract, whether in contract, tort or breach of statutory duty or otherwise, exceed the amount paid by you under the applicable Contract.
13. Circumstances Beyond our Control (Force Majeure)
13.1 Unfortunately, we cannot be held liable for any failure or delay in performing our obligations under these T & Cs nor any Contract and will not be responsible for any compensation where that failure or delay results from any cause that is beyond our or our third-party suppliers’ reasonable control. Such causes include, but are not limited to:
(a) the breakdown of any equipment or machinery, internet service provider failure, adverse weather conditions (including flood, storm or snow), the inability of any person to deliver or supply goods or services for whatever reason, including the difficulty or increased costs in finding persons to provide or deliver such goods or services; and/or
(b) power failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, or other natural disaster; acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war); and/or
(c) a pandemic or localised epidemic (including Covid 19 or any other form of corona virus).
13.2 As soon as we become aware of any of the circumstances described in 8.1 above we will advise you as soon as reasonably possible, stating the cause that has prevented or delayed our performance of any obligations and any other information of which we are aware that is relevant to your order, but beyond our control. Notwithstanding anything else, we shall nonetheless take all steps that are reasonably practicable and within our power to comply with the provisions of the Contract as fully and promptly as possible.
13.3 To the extent that any events of Force Majeure lasts or is reasonably likely to last more than three (3) months, then we reserve the right either to (a) cancel the Contract and to issue you with a refund of the full amount paid, less 10% (administration fee); or (b) to complete the order as soon as is practicable, giving you notice of a new delivery date as soon as it is available.
14. Governing Law and Jurisdiction
14.1 These T & Cs and each Contract, together with any dispute arising thereunder, shall be governed by and construed in accordance with the laws of England and Wales and that, subject to paragraph 14, the courts of England shall have exclusive jurisdiction.
15. Mediation and Arbitration
15.1 In the event of a dispute or claim the parties agree that they will seek to resolve or settle their dispute without recourse to the courts and any dispute that cannot be settled between them will first be submitted to mediation under the auspices of a recognised mediation centre.
15.2 If mediation fails then at our option any dispute or claim arising in connection with these T&Cs or a Contract may be referred to arbitration in London before one arbitrator in accordance with the rules of the London International Court of Arbitration.
