Terms and Conditions

1. INFORMATION ABOUT US

The website www.secret-drawer.co.uk is operated by and the goods you purchase will be supplied by The Secret Drawer Ltd (“we”). We are registered in England and Wales under company number 4883408 and with our registered office at The Old Chapel, Sawley Street, Skipton, BD23 1SX. Our VAT number is 828 0889 91.

You can contact us by email at info@secretdrawer.co.uk , by telephone on 01756 797800 or write to us at our registered address given above.

2. YOUR PERSONAL INFORMATION & USER-GENERATED CONTENT

We will use your personal information in accordance with our Privacy Policy which you could look up here.

By posting your image with the hashtag #thesecretdraweryorkshire or tagging us in any of our social media pages you are agreeing to the following conditions. Please take the time to read and understand them:

User Content – You take the full responsibility for the content you add on the website and you own all content and information you post or share using the Site (hereinafter referred as “User Content”), such as posting or sharing comments, photos, videos, username, real name, caption, location or other identifying information in connection with any use of your User Content.

You grant The Secret Drawer and its affiliates a non-exclusive license to use your User Content in connection with the Site and for other marketing purposes, including and without limitation to The Secret Drawer’s website and social platforms, email and other customer communications and other marketing which also includes the license to reproduce, display, perform, distribute.

We may show advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others and we may use your User Content to advertise and promote The Secret Drawer or the Site. You acknowledge that our license to your User Content is fully-paid and royalty-free. We may exercise our rights anywhere in the world. Finally, our license lasts for an indefinite period of time.

You undertake that:

(a) You own all rights to your User Content or, alternatively, that you have the right to give The Secret Drawer the rights described above; Your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. We may refuse to accept or transmit User Content for any reason.

(b) You will not use our websites in any way that is: illegal or unlawful, or likely to encourage illegal or unlawful behaviour.

3. ORDERING BESPOKE GOODS

3. 1) We have a 5-step charging process when you buy our goods and services including:

STEP 1. Design Consultation Fee STEP 2. Securing Deposit Payment STEP 3. Deposit Payment (Stage 1 payment) STEP 4. Delivery Payment (Stage 2 payment) STEP 5. Final Payment (Stage 3 payment). All fees and deposits stated inclide VAT.

STEP PAYMENT TYPE % OR COST WHEN? Refundable? What is included?
1
Design Consultation fee
£150 per room design
Before home design meeting and at least 2 weeks prior to home visit
Refunded against quoted value of your confirmed job
Home visit with designer and view of resulting designs
2
Securing Payment
£2,000 per project
Secures manufacturing time and planned delivery date
Offset against stage 1 (deposit payment) invoice and is non-refundable
Digital copy of final, agreed design, now property of customer and slot booked in workshop
3
Deposit payment (Stage 1 payment)
25% of contract value less £2,000 securing deposit
8 weeks after payment of securing deposit
Non-refundable
Appliances and third-party products ordered
4
Delivery Payment (Stage 2 payment)
70% of contract value
2 weeks prior to agreed fit date at customer’s home
Non-refundable
5
Final Payment (Stage 3 payment)
5% of contract
On receipt of invoice
Non-refundable
Any agreed extras or reductions and changes to plans and product orders

(STEP 1) Design Consultation Fee: We require a Design Consultation Fee, a minimum deposit of £250 payable per room to be designed for before we come and view your home for the purposes of starting the design consultation process. We will require you to sign a written agreement at this stage. The deposit must be paid at least 14 days prior to any agreed Design Consultation visit to your home. The deposit is refundable against your quote on a confirmed job. The resulting design plans remain the property and copyright of The Secret Drawer Limited. We reserve the right to change the deposit rules on occasion.

(STEP 2) Securing Payment: The initial furniture design plans will be drawn up and shared with you in person to discuss and amend as required. A digital format suitable for sharing with your architects and other parties involved with your renovation or remodelling of your home will become available upon receipt of the 2nd stage payment which is a non-refundable £5,000 Securing Payment. The plans become your property and will also ensure a production slot is booked with our Skipton workshop and other contractors employed by The Secret Drawer to complete the agreed bespoke furniture and works. Please note due to lead times the booking slot may be many months in advance. We reserve the right to change the deposit rules on occasion. Payment of the securing deposit is acceptance of our terms and conditions whether they have been signed or not.

(STEP 3) Stage 1 Deposit Payment: We will require as a further non-refundable Deposit Payment of 25% of the contract value (less £5,000 securing deposit) payable on signature or written agreement of the contract and due upon confirmation of the order. All orders for appliances, timber and fittings for your job are placed at this stage and the costs are non-refundable. At this point all prices are agreed apart from estimated quotes. The balance must be paid on receipt of agreed furniture design plan and at this point the order cannot be cancelled.

(STEP 4) Stage 2 Delivery Payment: A Delivery Payment of 70% of the contract value (including any agreed services, such as but not limited to installation) will be payable and must clear 4 weeks prior to the fit date at your home. If the fit date is delayed due to circumstances outside The Secret Drawer’s control the delivery payment will be due on the original agreed fit date.

(STEP 5) Stage 3 Final Payment: When all fitting and installation has been completed at your home a final payment of 5% of the contract value along with any deductions or extras and is payable upon receipt of the final invoice. Any remedial work will be carried out as soon as possible but payment should not be deferred because of this. All goods remain the property of The Secret drawer until the final invoice is paid.

3.2) We do not usually accept credit cards as payment. If this is the only option, we will apply a surcharge to cover any fees incurred.

3.3) Bespoke products are non-refundable. This is in accordance with the guidelines for tailor made items set out by the Consumer Contracts Regulation of 2015. For further information go to Which? Consumer Rights website. This applied to all materials, products made, and appliances ordered at Step 3 (Stage 1 Deposit Payment) of The Secret Drawer ordering process.

3.4) If you think an invoice is wrong please contact us promptly to let us know.

3.4 Installing Your Furniture

a) We will endeavour to install your furniture with the minimum of disruption. We will do our utmost to contain dust, dirt, and general untidiness, but it can be impossible to stop a small amount of dust spreading throughout your home.

b) Our standard working hours are between 8am – 6pm. Your water, gas and electricity supply may be disrupted during these working hours however, you will be informed prior to this occurring.

c) A temporary kitchen is available on request and consists of: 1 small sink, I small cooker, 1 small fridge with ice box, a cabinet with open fronts and birch ply tops. The temporary kitchen may also consist of part or all your old/existing kitchen.

d) Any work carried out by The Secret Drawer site staff in addition to the original quote will be charged at £30.00 per hour, plus materials and VAT. You will be consulted regarding any extra work.

e) If you buy your own appliances or are using your existing appliances, we cannot be held responsible for any damage caused handling or installing these items. A fitting charge of £56.00 per appliance will apply. We will not accept responsibly for your own heating, electrical or water systems.

f) We accept no responsibility for your floors being strong enough to take the weight of anything we fit.

g) When laying natural or ceramic floor tiles we follow the accepted industry procedures. However, grout may still crack on certain floors, for which we cannot accept responsibility. h) We will do our utmost to get any extraction pipes to expel air outside; sometimes when this is impossible, we would re-circulate the filtered air back into the kitchen.

i) If we are providing a 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. Any damage must be notified to us in writing within 5 days of our completion of the services.

j) When producing and fitting stone and wood worktops small discrepancies can occur, and we work to within production tolerances of +/- 1.5mm over a 1200mm length. Joints are kept to a minimum and their position is at the discretion of The Secret drawer. Joint widths are between 2-5mm. Coloured resins provide the joint filler for worktops and are matched as close as possible to the colour. It is not possible to make joints truly invisible. Any issues must be reported to The Secret Drawer within 5 days of installation, and we will come and inspect and determine if anything needs to be done to rectify the issue.

k) Installation Completion. Where you have chosen our installation service, you will be asked to check the installation and sign a completion document confirming that the fitting has been completed to your satisfaction. You should note on this completion document any areas that you may have concerns with before signing it. Any post-installation works, or snagging, will be notified on the completion document. These will be considered to be part of the contract and we undertake to arrange any snagging as a part of our installation service.

3.5. Our Bespoke Products

a) The images of the products on our website and in our brochure are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a picture in our brochure or on our website accurately reflects the colour of the products. Your product may vary slightly from those images.

b) All our products are bespoke and handmade from natural materials which 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.

c) Wood, granite and slate are natural materials and will contain variations in colour and markings and are part of the character not defects including small cracks and splits. The Secret Drawer determine what is or is not a natural mark. Seeds, blisters, hairlines or blobs are acceptable if they are no greater than 2.5mm. White scars are not acceptable. Scratches, streaks, bubbles, inclusions and scars are acceptable. Contaminates are often present on the surface of glass and are normally invisible to the naked eye. Defects must be visible from the given distance (finding marks at close range and marking them to be visible from further away is not permitted).A living finish is what it sounds like: a finish that changes over time. Because the metal is unlaquered or uncoated, the colour of the finish will change as it ages and is used. Please contact The Secret Drawer if you have any queries.

d) Worktops that are made from natural material are unique. Samples shown will always vary from your final worktop as a result. We recommend that you visit the supplier where you can choose the material for your worktop.

e) Doors and drawers may occasionally expand or shrink as the furniture adjusts to the environment. This is normal, however if any expansion causes difficulty in operating the doors or drawers, contact The Secret Drawer and we will rectify any problems free of charge, for the lifetime of the product.

4. ORDERING EX DISPLAY & PRE- LOVED PRODUCTS

4.1) The Process. You may place an order to purchase goods advertised for sale on this site by following the onscreen prompts after clicking on the item you wish to purchase. You will have an opportunity to check and correct any input errors in your order up until the point at which you place your order on the order request form. If you submit an order for goods via this site, your order is an offer to us to buy the goods you have ordered on this site.

We will acknowledge receipt of your order by sending you an automatically generated e-mail accepting your order. We will then send a quote for the product(s) you wish to purchase plus any Post and packaging/ courier charges for the delivery address you included in your purchase order form. Once you confirm, via email, your acceptance of the quote your order will be placed and with this e-mail the contract will be concluded.

Ex-Display items may include marks, scuffs or bumps which have been detailed within their photography or description. We cannot accept responsibility for any marks that haven’t been described. These are all items that have been on display in one of our showrooms. We recommend viewing the items in person where possible.

The contract will relate only to those specific goods which are referred to in our e-mail confirming our acceptance of your order. You should read and check the details in this e-mail to ensure that they are correct.

If the details in the email confirming your order are not correct, or if you are not satisfied with the details in the email, please contact us at info@secret-drawer.co.uk. The contractual language is English. Where we accept your order, we have a legal duty to supply goods that are in conformity with these Terms and Conditions.

4.2 Price & Delivery Costs

The information displayed on this site relating to pricing is subject to change by us without notice, but those on the site at the time of any order placed will be the prices applicable to that order.

Occasionally, an error may occur, and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price or at all. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price. If we are unable to contact you or you do not wish to continue with the order at the correct price, we will cancel your order and refund the price you have paid. However, where the correct price of the goods is less than our stated price, we may (at our discretion) continue with your order and charge the lower amount on dispatch. Unless stated otherwise, all prices include VAT (where applicable) but exclude delivery costs.

They will be notified to you separately before you submit your order and will be confirmed to you by e-mail.

4.3 Availability & Delivery

The information displayed on this site relating to availability is subject to change by us without notice. We cannot guarantee the permanent or continuous availability of all products on this site. All orders are subject to availability at all times. We deliver within the United Kingdom, European Union and European Economic Area. We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order on this site.

Delivery will be made according to the information sent to you as part of our quotation process. We will use reasonable endeavours to deliver the goods on any specified date we agree, or if no date is specified, within 30 days after the day on which we accept your order. In the case of unforeseen circumstances beyond our reasonable control (for example, adverse weather conditions, unpredictable delays caused by traffic congestion, road works, diversions or mechanical breakdowns, in each case to the extent beyond our reasonable control) we may not be able to deliver the goods within these timescales and we will not be liable for any delay or failure to deliver the goods if the delay or failure is wholly or partly caused by such circumstances. In the event that a delivery does not take place, we and you will agree an alternative delivery date.

We are also not responsible for any delay in delivery caused by the unavailability of someone to take delivery of the products. It is your responsibility to contact the post office or courier company as applicable to arrange the collection or delivery of products that could not be delivered because you were unavailable.

4.4 Payment

Payments for Ex-Display listed products may be made by personal cheque (which must be received and cleared before delivery), bank transfer, credit or debit card. We accept payment by Via, Mastercard, Delta/Connect and Maestro. For credit card payments a surcharge will be payable to cover fees incurred.

4.5 Right to Cancel

You have the right to cancel this contract within 14 days without giving any reason only for items purchased via our website from the Ex Display products listing located here. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.

To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement e.g. a letter sent by post, fax or e-mail. (By post: The Secret Drawer, The Old Chapel, Sawley Street, Skipton, BD23 1SX . by email: info@secret-drawer.co.uk, by phone 01756 797800. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than – (a) 14 days after the day we receive back from you any goods supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or (c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

4.6 Refunds Policy

Following cancellation, we will refund you the price paid for the cancelled order (or part of the order cancelled), less any collection or return charges (if any). We will also refund any standard delivery charges paid, or an amount equal to those charges if you elect to use a more expensive delivery method. We will pay the refund within 14 days after the day:

– You notified us to cancel your order, where you have not received the goods (and the goods have not been dispatched to you) or where we have agreed to collect the goods; or,

– We receive the goods you returned to us, where you are in receipt of the goods; or

– You provide us with a proof of return for the goods, where you have returned the goods but we have not yet received them.

We will refund you using the same means of payment as you used to pay for your order. We reserve the right to make a deduction from the amount of the refund for loss in value of the goods returned where the goods show signs of unreasonable use; for these purposes, unreasonable use means handling the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods, in particular if it goes beyond the sort of handling that might reasonably be allowed in a shop. We may withhold any refund until we have received the goods or you have supplied proof of return for the goods. Without limiting your cancellation rights in Clause 7, if you are not satisfied with a product for any reason e.g. if it is not what you ordered, it is damaged or defective, or we have delivered an incorrect quantity, please contact with us at info@secret-drawer.co.uk. In email attach photographs of Product and packaging with courier label on it. This will help us to speed required processes. Once we have confirmed the product defect or other problem, we will:

– At your option, Discount received products, repair or replace the goods at our cost (including the cost of postage), unless this would not be possible or would be disproportionately costly in the circumstances, in which case we will refund to you the amount paid for the goods in question; or

– Provide a full refund for any product that is not what you ordered; or

– Provide a full refund for any goods that are damaged or defective, if this is within a reasonable time following the sale.

We will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for defective goods.

4.7 Cancellation by Us

We reserve the right to cancel the contract between us if, for example:

– We have insufficient stock to deliver the goods you have ordered

– We do not deliver to your area

– One or more of the goods you ordered was listed at an incorrect price.

If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit or debit card as soon as possible.

5. TITLE AND RISK

You will become the owner of the goods you have ordered when they have been delivered to you and we have received clear funds in full payment for the goods. Once goods have been delivered to you or a person nominated by you they will be held at your own risk and you will be responsible for them.

6. LIABILITY

To the extent not prohibited by law, we accept no liability for any:

– loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our contract);

– loss which arises when we are not at fault or in breach of these Terms and Conditions; and

– business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses, as well as business interruption). Nothing in these terms will affect any liability we may have: (a) for fraudulent misrepresentation; (b) for death or personal injury arising from our negligence: (c) under Part I of the Consumer Protection Act 1987; (d) for breach of any condition as to title or quiet enjoyment of or in relation to any goods supplied by us; or (e) in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited.

7. EVENTS BEYOND OUR CONTROL

We will have no liability to you for any delay in delivering goods you have ordered that is caused by any event or circumstance beyond our reasonable control (including, without limitation, accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition of restrictions on imports or exports).

8. GENERAL

If any provision of these Terms and Conditions is found to be invalid, illegal or unenforceable, the validity, legality or enforceability of any other part of these Terms and Conditions and the remainder of the provision in question will not be affected.

No person other than you and us shall have any rights to enforce our agreement, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

If we fail to insist that you perform any of your obligations under our agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

You may not assign or transfer your rights or obligations under our agreement unless we agree in writing.

We may update, vary and amend these Terms and Conditions from time to time without prior notice. Each time you order or otherwise purchase any goods from us, the Terms and Conditions in force at that time will apply (as set out on this site). Please check this site to ensure that you understand which Terms and Conditions apply.

9. LAW AND JURISDICTION

These terms are governed by English law. Any contract for the purchase of goods from this site and any dispute or claim arising out of or in connection with any such contract will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident in Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident in Scotland you may also bring proceedings in Scotland.

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Call into the Ilkley & Skipton showrooms for a closer look at our beautiful, handmade furniture.