Terms of Service

1. Definitions: “The Seller” means De Barra Kitchens and/or the company’s representatives. “The Buyer” means the person, partnership, firm or company which places the order with the Seller. “The Goods” means the article, things or items described in the order. “The Order” means the order placed by the Buyer for the supply of the Goods. “The Conditions” means the terms and conditions set out in this document as amended from time to time in accordance with clause 2. “The Contract” means the contract between the Seller and the Buyer for the sale and purchase of the Goods in accordance with these Conditions. “Force Majeure Event” has the meaning given in clause11.12. “The Website” means the website operated by the Seller.

2. The Seller reserves the right to change these terms and conditions from time to time without notice to the Buyer and the changes will take place on the day they are posted. Any such changes will be posted on the Seller’s website.

3.1. These Conditions apply to the Contract to the exclusion of any other terms that the Buyer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

3.2. The Order constitutes an offer by the Buyer to purchase the Goods in accordance with these Conditions. The Buyer shall ensure that the terms of the Order submitted by the Buyer are complete and accurate.

3.3. The Order shall only be deemed to be accepted when the Seller accepts the Order, at which point the Contract shall come into existence.

3.4. The Contract constitutes the entire agreement between the parties.

3.5. Any samples, sketches, computer drawings, descriptive matter, or advertising issued by the Seller and any descriptions or illustrations contained in the brochure, catalogues, social media or the Website of the Seller are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract or have any contractual force.  Design drawings are for indicative purposes only. It may be necessary for fitters to make minor adjustments to the design during the installation process to accommodate fitting requirements.

4.1. Subject to clause 3.5, the Goods are as:-
(a) described by the Seller in any catalogue of the Seller; or
(b) described on the Website; or
(c) inspected by the Buyer in person; or
(d) described orally by the Seller at the request of the Buyer.

4.2. In the event of errors regarding price or description, the Seller will notify the Buyer as soon as possible and provide the Buyer with the option to either proceed with a revised Order at the correct price/description, or to cancel the Order. In these circumstances the Seller’s liability shall be limited to providing a full refund of monies paid.

4.3. In purchasing Goods from the Seller on these Conditions, the Buyer is deemed to acknowledge that it does not rely upon the skill or judgement of the Seller or of its employees or agents as to matters connected with the Goods.

4.4. The Seller may occasionally alter or slightly change the design of items. It cannot accept these as faults. The Seller reserves the right to change specifications without prior notice.

5.1. Many of the Seller’s products are natural, hand-made or hand-finished. This is how they are intended and the resultant variable finish is what helps to set it apart. Products made from natural materials are likely to have variations of shade and grain. Some materials including woods and painted products will mellow with exposure to sunlight and age, therefore the original appearance and condition will alter subject to these conditions. Painted Goods can mark through the course of usage. Such marks are not to be deemed as faults. A degree of tolerance must be allowed for wear & tear. Note: Steam from appliances such as kettles and dishwasher can cause damage to Goods. Appliances such as kettles should not be located under wall units. Dishwashers should be allowed to cool down after their cycle prior to opening.

5.2. Laminate Goods do peel over time. Should this occur, after the end of the warranty period, it is not to be deemed as a fault but rather the end of the lifespan of the product.

6.1. The Buyer shall pay the Seller a fifty percent deposit upon ordering the item(s). Deposits are non refundable. The Buyer shall pay the Seller a further fifty percent upon delivery on the morning of the first day of installation and prior to the installation. Payments are to be made by bank transfer.

6.2. The Buyer shall pay all amounts due under the Contract in full without any deduction or withholding except as required by law and the Buyer shall not be entitled to assert any credit, set-off or counterclaim against the Seller in order to justify withholding payment of any such amount in whole or in part.

7.1. The Seller’s insurance only covers delivery to the Buyer’s door and does not extend to moving items inside the Buyer’s property. The Seller will not be liable for any damage caused by drivers carrying stock into the Buyer’s premises.

7.2. The Seller shall not be liable to the Buyer for any damage or loss arising directly or indirectly from any delay in delivery.

7.3. Any delivery times specified by the Seller in its quotation or otherwise, are business estimates only and the Seller will not be liable to the Buyer for any loss or damage (whether direct, indirect or consequential) sustained by the Buyer as a result of the Seller’s failure to comply with such delivery times.

7.4. The Seller shall have the right to cancel or to reduce the volume of Goods delivered if it is prevented from or hindered in delivery of the Goods through any circumstances beyond its control including (but not limited to) industrial action, war, fire or prohibition or enactment of any kind, without incurring any liability for any loss or damage.

8.1. Goods are not accepted by the Seller for return from the Buyer without the prior written consent of the Seller.

8.2. All returned Goods are subjected to a full Quality Control inspection before any decision regarding refund is made. The Seller has the final say on whether an item is defective or not. The value of the refund issued to the Buyer is at the Seller’s discretion and each case will be considered on its own merit.

9.1 Contracts are not subject to cancellation without the Seller’s written consent.

9.2. The Seller may terminate the Contract if the Seller is unable to fulfil the Order. In the event of such termination, the liability of the Seller shall be limited to refunding any payments made by the Buyer.

10.1. The risk in the Goods shall pass to the Buyer on completion of delivery to the Buyer’s premises.

10.2. Title to the Goods shall not pass to the Buyer until the Seller has received payment in full for:
(a) the Goods; and
(b) any other goods that the Seller has supplied to the Buyer in respect of which payment has become due.

11.1. The Seller provides a twelve month warranty from the date of delivery to the Buyer on all its Goods and workmanship. The warranty is conditional on the Seller being paid in full. Any works after the end of the warranty period may be carried out free of charge by the Seller as a gesture of goodwill. Alternatively the Seller may require, at the Seller’s sole discretion, payment for any works carried out after the ending of the warranty period.

11.2. The Seller is not responsible for the condition of the Buyer’s walls prior to the installation of Goods. Uneven walls, walls that are not plumb or floors that are not level may result in spacing between the Goods and said walls or spacing between the Goods and said uneven floors.

11.3. The Seller may be willing to remove unwanted cabinetry and/or wall tiles as a free of charge service for the Buyer at the Seller’s sole discretion. However the Seller only provides this service free of charge if:

1. the removal occurs on the first day of the installation of the new Goods; and

2. provided that old cabinetry is considered worthless by the Buyer; and

3. provided that the Buyer is happy for the old cabinetry to be destroyed. The Seller can not be expected to remove the old cabinetry intact. This is simply too time consuming and, in any event, not always possible.

The Seller is not responsible for the condition of the Buyer’s property walls or plasterwork once the old cabinetry and/or wall tiles are removed. Patch-up plastering and/or painting may subsequently be required at the Buyer’s expense.

11.4. Should the Buyer not require said free of charge service from the Seller, then, the Buyer is not due any compensation from the Seller.

11.5. The Buyer is responsible to provide an adequate sized skip for the unwanted cabinetry and/or wall tiles.

11.6. Even where no unwanted cabinetry and/or wall tiles exists the Buyer is responsible to provide an adequate sized skip for off-cuts of materials from the new Goods and/or packaging from the new Goods.

11.7. In the unlikely event of a water leak, the Seller is not liable to the Buyer for any loss arising from damage to wooden or laminate flooring.

11.8. In the unlikely event of damage to a gas pipe, water pipe or electrical cable, the Seller is not liable to the Buyer for any loss arising from same at the Buyer’s property.

11.9. In the unlikely event of damage (such as cracking to plasterwork etc) to the adjoining property of a neighbour of the Buyer, the Seller is not liable to the Buyer for related repairs.

11.10:
(a) the Seller shall under no circumstances whatever be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
(b) the total liability of the Seller to the Buyer in respect of all other 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 Goods.

11.11. Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.

11.12. Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, illness or injury (whether involving its own workforce or a third party’s), natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.

11.13. Snagging is a normal occurrence in any type of home renovation or construction project. The Seller is entitled to snag the works carried out. This does not equate to a time delay or necessitate any compensation. The Seller shall not be liable to the Buyer in respect of any losses, time or otherwise, arising from the carrying out of such works.

11.14. Goods are typically installed over 1-10 working days depending on the size and complexity of the project. Where stone countertops form part of the contract, they are typically installed 5-15 working days after the Seller’s cabinetry is installed.

11.15. The Seller is not responsible for core drilling holes at the Buyer’s property.

11.16. The Seller is not responsible for babysitting family pets during the installation process. The Seller is not liable to the Buyer in the unlikely event that a family pet leaves the Buyer’s property during the installation process.

12.1. The Seller may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.

12.1. The Seller may recommend to the Buyer various third party contractors such as builders, electricians, gas plumbers, tilers, plasterers, painters etc. The Seller accepts no responsibility for the behaviour or workmanship of any such third party contractors. The Seller is not liable for the work of third party contractors. It is the sole responsibility of the Buyer customer’s to pay third party contractors. Third party contractors are to be paid directly by the Buyer.

13.1. Unless otherwise agreed in writing by the Seller, these conditions supersede any earlier conditions appearing on the Seller’s website or elsewhere and override any terms and conditions stipulated, incorporated or referred to by the Buyer, whether in the order or in any negotiations.

13.2. The Seller’s employees have no authority to make any representation, statement or report not contained in or incorporated into the quotation by the Seller and the Seller shall not be bound by any unauthorised representation, statement or report. If the Seller adopts any changes in construction, design or specification of its products, the Buyer shall accept the product so changed in fulfilment of the order.

13.3.  All Goods sold are intended for domestic use only unless otherwise stated.

14. The 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, Irish law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of Ireland.

15. The ordering of Goods by the Buyer is deemed as acceptance by the Buyer of these terms and conditions.