Terms and Conditions

[ Terms and conditions ]

General Terms and Conditions

1. Your Order 

These terms and the details of your order are considered by us to be to be the whole agreement between you and Marilyn’s Solutions Limited for the sale of all products and installation. 

2. Order Acknowledgement 

Please check the order is complete and accurate before signing. We would specifically draw your attention to any personal specifications or measurements relating to your order. If a site survey has taken place, please check the plans and inform us of any mistakes you may suspect before signing the order Acknowledgement. Once the order acknowledgement is raised, you will be asked to sign it, confirming you are happy with everything. If a site survey has taken place, then the acknowledgement will also have reference to a detailed plan. It is the customers responsibility to review both documents before signing. Signing the order acknowledgement does not at this point constitute or form a contract between you and Marilyn’s Solutions Limited. 

3. Payment 

Once the order acknowledgement has been signed, you will be asked to make a deposit payment. Once the deposit has been received then it is at this point that a contract is formed between you and Marilyn’s Solutions Limited.  

4. Customer Payment Schedule 

A. 50% – Deposit 

B. 40% – 72 hrs before commencement of installation/Delivery 

C. 10% – On completion and satisfaction of installation/Delivery 

5. Notice of Right to Cancel 

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulation 2013, we will allow you to cancel or amend your order within 14 calendar days of the deposit being paid. This period is known as your “Cooling Off Period”. During this period changes can be made and if you choose to cancel the contract then all monies paid will be refunded within 7 working days. 

Cancellation beyond the 14 days ‘Cooling Off Period” will be deemed a breach of contract and you will be liable for the full value of the contract. Should you wish to add additional items after this point then a new and separate order will be raised, thus separate lead-times and charges may apply. 

If the delivery date requested by the customer requires manufacturing within the 14 day “Cooling Off Period” then the customer will potentially be liable for the whole contract value if cancellation is decided.  

The lead-time for installation for all standard products is 4 weeks, any leads-time requested inside 4 weeks would have an impact on the “Cooling Off Period”. 

To cancel the contract, you must do in writing either by email to [email protected] or by Royal Mail to the companies registered address.  

6. Delivery 

The delivery date will be made at the Order Acknowledgement stage subject to the deposit being paid within 48 hrs. We will make every reasonable effort to deliver standard products within 20 working days and non-standard products with 35 working days or to the customers request, whichever is sooner. We do not guarantee that your order will be delivered on the agreed date as occasionally deliveries may be delayed due to factors beyond our control. We will inform you during the process if any unexpected delays have occurred and arrange a new delivery date with you within a reasonable timeframe. We accept no liability for late deliveries. 

If you fail to take delivery of your order on the final agreed delivery date, then we will store your products until delivery can take place. The final part of the customer payment schedule, 10%, would be payable within 48 hrs of us taking the product into storage. We will store the product for a reasonable amount of time subject to agreement in writing. Costs for storage may apply to cover the company’s storage and insurance expenses. 

7. Returns 

In the unlikely event that the products delivered do not conform with our terms, please let us know as soon as possible. You have a right to reject any faulty goods within 30 days of delivery and a full refund within 14 days of it being agreed. This does not apply if the goods are installed where a right to repair or replace or a price reduction is applicable. Where a product is returned to us, we will make a thorough examination and either repair it, replace it or issue a refund for the defective product. The final decision remains at the discretion of Marilyn’s Solution Limited. Where a refund is issued for a defective product then this payment will be made within 14 days of receipt of the faulty goods. Marilyn’s Solutions Ltd does not accept any returns that are not damaged and surplus to your requirements. 

8. Complaints Procedure 

We always strive to provide the best service possible for our customers. However, on rare occasions we recognise that there may be times where you are not completely satisfied. To ensure we put things right as soon as possible, please contact our office either by phone, email or letter. If the problem is at installation stage then record it on the Certificate of Completion, this will then automatically go through our Complaints Procedure. We aim to respond within 3 working days to resolve any issues you have brought to our attention and provide you with a date to remedy the issues raised. In the unlikely event that the issue can still not be resolved then we would invite you to appoint a Dispute Resolution Ombudsman of your choice. 

9. General 

Any samples, illustrations and descriptions contained in our catalogues and brochures are issued solely to provide you with a reasonable idea of products. They do not form part of the sales contract. 

All quotations are valid for 30 days from date of issue unless we write informing you otherwise. Any quotations subject to a promotional offer will be valid for a maximum of 30 days or on the expiry of the promotional offer, whichever is sooner. 

All our products with the exception of accessories and appliances are made to order, using the specifications, plans, choices and details you have provided during the order process. This remains your responsibility, even if we are installing your products or have attended your premises prior to the contract being formed. 

We reserve the right to amend these terms and conditions from time to time to reflect changes in market conditions that may affect our business such as changes in technology, payment methods, laws or regulatory requirements. You will be subject to the terms in force at the order acknowledgement stage. 

10. Certificate of Completion 

At the end of the installation you will be asked to sign a certificate of satisfaction and completion. Please take time to check our work and have any rectifications made before you sign the certificate. In the unlikely event that there is a fault that can’t be rectified by our installer then please record this on the Certificate of Completion. We will aim to rectify all recorded faults within 3 working days of completion.  The signing of the certificate does not affect any warranties, guarantees or future claims.

11. Risk and Retention of Title 

A. The risk of damage or loss of goods shall pass to the customer on delivery. 

B. Notwithstanding delivery and the passing of risk in the goods, or any other provision of these Terms and Conditions, legal and beneficial title of the goods shall not pass to the customer to the customer until we have received in cash or cleared funds payment in full of the price of the goods. 

C. In the event that the customer sells or transfers the goods to a third party before legal or beneficial title of the goods has passed to the customer under these Terms and Conditions, the proceeds of such sub-sale or transfer (or such proportion as is due to the seller) shall be held by the customer on behalf of the company. 

[ Terms and conditions ]

Instillation Services and Workmanship

These Conditions are supplementary to the applicable Terms & Conditions of Sale and apply where you have ordered installation services with your order for Products. The definitions set out in those Terms & Conditions shall also apply to these Conditions. 

1. Pre-installation 

A. One of our staff who will be responsible for providing the installation services will contact you within 48 hours of your order to arrange a pre-fit survey at which time the surveyor will check against the proposed plan from the dry fit quote you were given at the time of Order.

B. At or following the pre-fit survey, the Fitter will advise you whether any supplementary work (which is outside of the standard installation package) is required. At this time the surveyor will indicate the cost of him/her carrying out such supplementary work and will confirm the price of supplementary work in writing. 

C. You are under no obligation to use the company to complete the supplementary work, you may use your own subcontractor to carry out the supplementary work. Any supplementary work which your chosen subcontractor agrees to carry out is outside of these Terms. 

D. The plan forms the basis of the installation services, as such you must ensure that you are happy with any changes the surveyor makes to the proposed plan and that such changes are clearly identified on the plan before you sign it. You agree not to sign and approve the changes to the plan until you are happy with them. 

E. If you are not happy with any of the surveyor’s proposals for supplementary work or any changes made to the proposed plan you should contact our showroom as soon as possible. You must contact us 14 days before delivery otherwise no changes can be made. 

2. Price 

A.  The Price for our standard installation package for all Products will be included in the Supply and Install quotation.  

B. The Price does not include the removal or the removal and disposal of any existing kitchens or appliances. A separate quotation for these services is available on request and will not form any part of the sale of products and installation contract. 

C. Unless otherwise agreed in writing the price shall be due and payable in accordance with the applicable Marilyn’s Solutions Limited Terms & Conditions of Sale at the same time as the Products. 

D. All Installations are Dry Fit and do not include any plumbing, gas or electrical work. The company can advise on what requirements you will need at the time of the survey.  

3. Your responsibilities

Ensuring that all measurements taken by you are correct and accurate and obtaining all planning permission and building regulations consents.  

You will be responsible for the following: 

A. Ensuring that the Fitter has clear, safe and uninterrupted access to the delivery address and the area where the installation services are to be carried out. 

B.  Ensuring that all services which may affect or be affected by installation of the Products are disconnected. 

C. Ensuring that the area where the installation services are to be carried out is clean, level and clear of debris. 

D. Providing adequate power, lighting, heating and other necessary facilities for the Fitter to be able to carry out the installation services. 

E. To notify us of any changes to the condition of your property at the time agreed for the provision of the installation services. 

F. Disposing of all packaging materials unless otherwise agreed. 

G. Delivery of the Products and installation of the Products must take place at the same location, unless we otherwise agree this with you. 

H. You must inform us of any structural defects or anomalies at the location where the installation services are to be carried out which may affect the installation services. 

I. If during the installation services, you agree with the Fitter to deviate from the plan, then this is your responsibility and we shall not be liable for any costs, damage or loss arising from this. 

J. If at any time, throughout the installation, you have any concerns about the Fitter or the quality of work, you must contact us immediately, do not wait until the installation is complete. 

K. On completion of the installation services, you will be asked to sign the Certificate of Completion & Satisfaction and allow us to take photographs of the completed works. If you are not happy in any way with the installation services which have been carried out and you do not note this on the certificate of completion then we will accept no liability if, in the future, you make a claim to us for damage or loss occurred during or as a result of the installation services. 

L. If you raise a claim or issue in respect of the installation service, you will allow us access to review the installation services/Products and to take photographs of the Products and any alleged damage or poor quality of work. 

  4. Installation services – Dry Fit 

A. We will endeavour to complete the installation services as soon as possible but time for completion is not of the essence of this Contract and we will not be liable for any reasonable delays. 

B. Our install appliance charge is built in to your total delivered and installed cost and applies only to appliances supplied from Marilyn’s, in the event a customer would like to keep their existing appliances or new ones not purchased from Marilyn’s then a supplementary cost may be applied and would not be covered by our dry fit warranty. 

C. Provided that you comply with your obligations at clause 3.C we will ensure that our Fitter completes the standard installation package as follows: 

2. Fits and installs the kitchen cabinet Products (including interior doors, drawers, handles, kickboards, cover panels, cornices and décor trim) 

3.  Completes basic appliance installation excluding all connections, including electrical and gas. 

4. Fits the worktop (including cut-out and fitting for hobs, sinks, taps) 

5.  Fits the sink and taps in-line with the design excluding hot and cold water and waste connections. 

6.  Seals all joins and cut-outs. Unless specifically stated in your Order, the sealant colour shall be selected on the basis of what we deem most suitable. 

7. If during the installation services, it appears that the walls are incapable of holding the Products or the utility connections are unsafe, faulty, flawed or of poor quality, we reserve the right to suspend the installation service until the necessary remedial works have been completed. This does not affect our right to take the full payment for the Products and installation services in line with our terms & conditions. 

8. We shall not be responsible for or liable for any damage, loss or expense caused due the poor quality of or fault with any of the walls or utility connections. 

9. Whilst we will try to ensure out Fitter(s) keeps dust and disruption to a minimum during the provision of the installation services, you should take all reasonable and necessary steps to minimise the impact of the installation services, for example by moving breakables/delicate items and covering areas likely to be affected with dust sheets. Whilst the Fitters will endeavour to clean up after themselves, you should expect some dust to result from the installation services and you agree that we will not be liable for any cleaning expenses resulting from such dust. 

10.  Minor damage may occur to decor, plaster and tiling during the installation services but you agree that we will not be responsible for redecorating or making good any damage unless it is as a result of our negligence rather than an unavoidable consequence of having the Products fitted. 

5. Warranty 

A. We guarantee the installation from completion for a period of 5 years thereafter (subject to the other provisions of the Terms) and that the installation service and workmanship shall be performed with reasonable skill and care. 

B.  We shall not be liable for any breach of the warranty set out at clause 5.A if: 

1. The installation services were provided in accordance with the specifications or instructions were provided by you 

2. You have failed to inform or notify us in writing that the installation services have not been carried out to an appropriate standard and we have not been given a reasonable opportunity to re-perform the installation services. 

3. The walls to which the Products are to be attached or the utility connections are poor quality, flawed, faulty or unsafe. 

4. We shall not be responsible for losses or damage that result from the disconnection of any white goods, including but not limited to washing machines, dishwashers, fridges, freezers and/or radiators. 

6. Liability 

A. Our liability shall be limited in accordance with the applicable Terms & Conditions of Sale. 

 7. General 

A. If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law. 

[ Terms and conditions ]

Manufacturers Warranties

1. Introduction 

The warranty guarantees that all cabinets and hardware will be free from faults or defects in workmanship and materials for 20 Yrs. All worktops and Appliances are dependent on each manufacturer and details are available on request. 

2. Warranty conditions: 

The warranty applies: 

To cabinets and hardware supplied or manufactured by Marilyn’s Solutions Limited. It does not apply to Worktops and Appliances. Worktop and Appliances are warranted by their own individual manufacturers and may vary in length of time. Please ask for more information on the warranties of Worktops and Appliances. 

The Warranty only applies: 

A. To the person who purchased the Kitchen. It is not transferrable to any other person. 

B. To individuals who purchased the kitchen as a consumer for private use, not to businesses, companies, partnerships or sole traders. 

C. To kitchens used entirely within a domestic environment for personal use, not to kitchens used within business premises, places of work, rental properties, student properties or similar. 

D. To Kitchens used within the environment intended by their design, for example, kitchen cabinets used within a kitchen and not a kitchen cabinet used in, for example, a garage. 

E. Where the purchaser of the cabinets has validated the warranty within these terms and conditions. 

3. Exclusions 

The warranty does not cover: 

A. Damage caused or contributed to by poor, faulty or incorrect use or maintenance. 

B. Damage caused or contributed to by events outside Marilyn’s Solutions Limited’s control including but not limited to Acts of God, fire, explosion, contact with corrosive matter, extreme weather conditions, flood, vandalism, soiling, misuse, abrasion, improper storage following delivery, rot and/or infestation following delivery, leaks (or similar incidents), damage due to non-domestic use. 

C. Damage or colour deterioration caused or contributed to as a result of normal wear and tear. 

D. Damage caused or contributed to by alterations or repairs other than those carried out by Marilyn’s Solutions Limited. 

E. Damage caused or contributed to by the removal of the cabinets following initial installation. 

F.  Damage caused or contributed to by wilful damage, abuse, mistreatment, negligence, abnormal storage or environmental conditions. 

G. Damage caused or contributed to by household animals and misuse by children. 

 4. Limitations and conditions 

A. Installation of any repaired or replacement cabinet or cabinet part will not be Marilyn’s Solutions Limited’s responsibility. 

B. If you do not allow the Marilyn’s Solutions Limited’s representative to review the product which is subject to the warranty claim, you will invalidate the warranty in respect of that claim. 

C. Any repaired or replacement cabinet parts shall be guaranteed on the terms of this warranty for the unexpired portion of the warranty period only. 

D. This warranty is non-transferrable and is personal to the original purchaser as shown on the invoice. 

This warranty is subject to the jurisdiction of the courts of England and Wales, and any dispute or claim arising out of, or in connection with it or its subject matter, shall be governed by, and construed in accordance with English law.

[ Terms and conditions ]

Instillation Services

These Conditions are supplementary to the applicable Terms & Conditions of Sale and apply where you have ordered installation services with your order for Products. The definitions set out in those Terms & Conditions shall also apply to these Conditions. 

1. Pre-installation 

  1. One of our staff who will be responsible for providing the installation services will contact you within 48 hours of your order to arrange a pre-fit survey at which time the surveyor will check against the proposed plan from the dry fit quote you were given at the time of Order. 
  2. At or following the pre-fit survey, the Fitter will advise you whether any supplementary work (which is outside of the standard installation package) is required. At this time the surveyor will indicate the cost of him/her carrying out such supplementary work and will confirm the price of supplementary work in writing. 
  3. You are under no obligation to use the company to complete the supplementary work, you may use your own subcontractor to carry out the supplementary work. Any supplementary work which your chosen subcontractor agrees to carry out is outside of these Terms. 
  4.  The plan forms the basis of the installation services, as such you must ensure that you are happy with any changes the surveyor makes to the proposed plan and that such changes are clearly identified on the plan before you sign it. You agree not to sign and approve the changes to the plan until you are happy with them. 
  5.  If you are not happy with any of the surveyor’s proposals for supplementary work or any changes made to the proposed plan you should contact our showroom as soon as possible. You must contact us 14 days before delivery otherwise no changes can be made. 

2. Price 

  1. The price for our standard installation package for all Products will be included in the Supply and Install quotation.   
  2. Unless otherwise agreed in writing the price shall be due and payable in accordance with the applicable Marilyn’s Terms & Conditions of Sale at the same time as the Products. 
  3. All Installations are dry fit and do not include any plumbing or electrical work. The company can advise on what requirements you will need at the time of the survey. 

3. Your responsibilities

Ensuring that all measurements taken by you are correct and accurate and obtaining all planning permission and building regulations consents; 

 Ensuring that the Fitter has clear, safe and uninterrupted access to the delivery address and the area where the installation services are to be carried out. 

  1. Ensuring that all services which may affect or be affected by installation of the Products are disconnected. 
  2.  Ensuring that the area where the installation services are to be carried out is clean, level and clear of debris. 
  3. Providing adequate power, lighting, heating and other necessary facilities for the Fitter to be able to carry out the installation services. 
  4. To notify us of any changes to the condition of your property at the time agreed for the provision of the installation services. 
  5. Disposing of all packaging materials unless otherwise agreed. 
  6. Delivery of the Products and installation of the Products must take place at the same location, unless we otherwise agree this with you. 
  7. You must inform us of any structural defects or anomalies at the location where the installation services are to be carried out which may affect the installation services. 
  8. If during the installation services, you agree with the Fitter to deviate from the plan, then this is your responsibility and we shall not be liable for any costs, damage or loss arising from this. 
  9. If at any time, throughout the installation, you have any concerns about the Fitter or the quality of work, you must contact us immediately, do not wait until the installation is complete. 
  10. On completion of the installation services, you will be asked to sign a certificate of completion and allow us to take photographs of the completed works. If you are not happy in any way with the installation services which have been carried out and you do not note this on the certificate of completion then we will accept no liability if, in the future, you make a claim to us for damage or loss occurred during or as a result of the installation services. 
  11. If you raise a claim or issue in respect of the installation service, you will allow us access to review the installation services/Products and to take photographs of the Products and any alleged damage or poor quality of work. 

4. Installation services 

  1. We will endeavour to complete the installation services as soon as possible but time for completion is not of the essence of this Contract and we will not be liable for any reasonable delays. 
  2. Our install appliance charge is built in to your total delivered and installed cost and applies only to appliances supplied from Marilyn’s, in the event a customer would like their existing appliances or new ones not purchased from Marilyn’s then a supplementary cost may be applied and would not be covered by our dry fit warranty. 
  3. Provided that you comply with your obligations at clause 3.3 we will ensure that our Fitter completes the standard installation package as follows: 
  4. Fits and installs the kitchen cabinet Products (including interior doors, drawers, handles, kickboards, cover panels, cornices and décor trim) 
  5.  Completes basic appliance installation excluding all connections. 
  6.  Fits the worktop (including cut-out and fitting for cooker tops, sinks, taps). 
  7.  Fits the sink and taps in-line with the design excluding hot and cold water and waste. 
  8.  Seals all joins and cut-outs. Unless specifically stated in your Order, the sealant colour shall be selected on the basis of what we deem most suitable. 
  9.  If during the installation services, it appears that the walls are incapable of holding the Products or the utility connections are unsafe, faulty, flawed or of poor quality, we reserve the right to suspend the installation service until the necessary remedial works have been completed. This does not affect our right to take the full payment for the Products and installation services in line with our Terms and Conditions. 
  10.  We shall not be responsible for or liable for any damage, loss or expense caused due the poor quality of or fault with any of the walls or utility connections. 
  11. Whilst we will try to ensure out Fitter(s) keeps dust and disruption to a minimum during the provision of the installation services, you should take all reasonable and necessary steps to minimise the impact of the installation services, for example by moving breakables/delicate items and covering areas likely to be affected with dust sheets. Whilst the Fitters will endeavour to clean up after themselves, you should expect some dust to result from the installation services and you agree that we will not be liable for any cleaning expenses resulting from such dust.
  12. Minor damage may occur to decor, plaster and tiling during the installation services but you agree that we will not be responsible for redecorating or making good any damage unless it is as a result of our negligence rather than an unavoidable consequence of having the Products fitted. 

5. Warranty 

  1. We warrant that on installation and for a period of 5 years thereafter (subject to the other provisions of the Terms) the installation services shall be performed with reasonable skill and care. 
  2.  We shall not be liable for any breach of the warranty set out at clause 5.1 if:

 

  1. The installation services were provided in accordance with the specifications or instructions provided by you 
  2. You have failed to inform or notify us in writing that the installation services have not been carried out to an appropriate standard and we have not been given a reasonable opportunity to re-perform the installation services. 
  3. The walls to which the Products are to be attached or the utility connections are poor quality, flawed, faulty or unsafe. 
  4. We shall not be responsible for losses or damage that result from the disconnection of any white goods, including but not limited to washing machines, dishwashers, fridges, freezers and/or radiators. 

6. Liability 

  1. Our liability shall be limited in accordance with the applicable Terms and Conditions of Sale. 

7. General 

  1. If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.