RIVER BESPOKE TERMS AND CONDITIONS

Thanks for reading our Terms and Conditions. We don’t like taking things too seriously, but as a small company delivering hand made products, we have to make a few things clear. Any questions please ask, we are always happy to help.

You can contact us via email [email protected] or call us on 07572 868549.

OUR CONTRACT WITH YOU

“We, us” shall mean Kitaki Limited operating under the trading name “River Bespoke”.
“You, your” shall mean the person whose name and details appear on the Order.

Each purchase of our products shall be agreed on an Order which will be made up of your request to supply and our order acknowledgement.  Unless you inform us that the terms of the order acknowledgement are unacceptable within a reasonable time frame, we may proceed on the basis that you have accepted them.

All quotations are given and all Orders are accepted under these terms and conditions (which exclude any terms and conditions you seek to apply under any purchase order, confirmation of order, specification or other document). These terms and conditions  may be varied to include changes that we have both clearly and unambiguously agreed in writing, including in emails.

Quotations are valid for 30 days and we may require to change estimated lead times or price if an order is placed after this time. We will estimate the lead time at the time of quotation, but this can only be confirmed at the time the Order is actually placed and funds received. If time is a concern then please raise this with us prior to placing your Order. We always issue dimensioned drawings after an Order has been agreed, once these are agreed with you then the delivery lead time will commence.

Should changes to the design be requested by you after processing the Order then this may incur additional fees as we may have started production. We will work with you to minimise any additional fees, but some may be unavoidable, and you agree that these additional charges will form part of the contract between us.

The title in any product passes to you on payment of final invoice. We will remain custodian of the products and responsible for them until they are delivered. At the point of delivery the responsibility for products passes to you.

DESIGNS, COPYRIGHT AND IMAGES

The intellectual property rights in our designs remains with us except when we are making products to your design.

If you provide us with sketches, designs or other contributions then we will assume that we have the relevant authority and/or licence to have made such products and the supplied information does not infringe any copyright, intellectual property rights or design rights.

We rely solely on you to provide such guarantee and therefore you hereby indemnify against any claims from third parties alleging infringement of copyright, design rights or intellectual property.

You give us the right to use images of products manufactured for marketing purposes including but not limited to magazine articles, social media, websites and advertisements.

REFUND, RETURNS AND ALTERATIONS

We are a small company offering bespoke, made to order products, we cannot accept returns or cancellations on any Orders later than 7 days from the date of the Order or after items have been committed to manufacture, whichever is sooner. Please ensure all details are correct when placing your order.

Amended orders can only be accepted where they are mutually agreed in writing by both parties. If an order is amended following the deposit payment, any balance due or payable will be reflected in the final balance invoice.

If you or a third party working on your behalf of  have supplied us with any dimensions, we will work to these dimensions and we cannot be held responsible for any errors or omissions in such information.

We endeavour to always send out quality products, however mistakes can happen. Should you receive faulty or damaged products, we will of course repair or replace the item. If an item has been delivered by courier, the courier will unpack the item and wait whilst it is inspected by you. Should there be any reason for rejection please call us immediately and we will assist you. If necessary the items must be returned using the same courier.

If the item was delivered by carrier and unpacked after they have left the premises then please inform us within 48 hours of any damage taking pictures of packaging and damage. These should be sent to [email protected]. We will then discuss with you how we will remedy the situation.

In the case of faulty or damaged products, or an incorrect product being received, we will ensure all necessary steps are taken to provide you with the correct product, however in most situations we cannot offer any further discounts or refunds.

We cannot offer full or partial refunds, reimbursements, or compensation for Orders delayed by anything outside our reasonable control including the following:

• Any act of nature that couldn’t have been foreseen or avoided, such as a natural disaster, flood or pandemic
• War or government enforced lock down
• Other disaster

WARRANTY AND LIABILITY

We guarantee the product for a period of twelve months from the date of delivery against defective workmanship and materials (the warranty period).

This means that if your product breaks down during normal use through any fault attributable to defective workmanship and materials during the warranty period we will arrange for it to be repaired or replaced free of charge, including parts and labour. This is your sole remedy for defective product. We will not replace or refund products that have been deemed (by us) as mis-used, accidentally damaged, used in a context that pushes the product beyond any specifications or normal use, including products that have been subjected to adverse heat, cold, light or humidity.

Please notify us if the product is to be used in areas of high humidity or in an external environment prior to requesting a quote, we may be able to accommodate this in the design.

Except for infringement of intellectual property rights, each party’s’ liability relating, directly or indirectly to the products (including claims based on negligence, misrepresentation, breach of contract, or warranty) shall not in aggregate exceed the monies paid or payable to us under the relevant Order.

The warranties in these terms and conditions replace and exclude (to the extent permitted by law) all other conditions, warranties and representations (express or implied), statutory or otherwise.  Nothing in these terms of business affect your statutory consumer rights.

Nothing in these terms and conditions will exclude or limit either party’s liability for death or personal injury arising from that party’s negligence, nor for liability arising from a party’s fraud.

DELIVERY

We do not provide access checks as standard. If required, please speak to us regarding this prior to order placement and drawings being approved (we reserve the right to charge a fee for this.)

Any access checks will need to be carried out by you. Responsibility lies with you for ensuring that appropriate access is available for the items being ordered. Please consider access to the location you are having the product made for. Will it fit through all doors, corridors, stairwells etc.

In some cases if there are access issues and we understand them in advance, we may be able to disassemble items for easier access if arranged but will not be held responsible for items not fitting into the space required, and any re-deliveries and alterations will have to be charged to you.

Our delivery provider works on set prices for England and Wales, with a surcharge payable for Scotland and Ireland. We reserve the right to potentially increase the delivery costs in the following circumstances:

• You live in a remote part of the UK.
• Access to the room/delivery location is difficult. If there are several floors to manoeuvre up, or long distances to carry the furniture, it is vital you inform us before delivery is attempted.
• Any attempted and failed deliveries due to access issues will be charged to you, along with the cost of any necessary alterations.
• Any delivery dates or times set out are estimates only. While we will make all reasonable efforts to deliver the products within the time or times agreed we will not be responsible for any losses caused to you as a result of late delivery, and are unable to offer compensation if the agreed delivery date is missed or cancelled by the delivery company or ourselves.
• We will always endeavour to complete any work in as timely way as possible, but unless agreed to beforehand with you, we will not be subject to any subsequent arbitrary delivery dates requested or insisted upon by you or your agents.
• We use third party delivery companies; your contact details will be sent onto them to arrange delivery. The delivery companies are responsible for organising the delivery of your products and may not be completely flexible on delivery dates.
• Although we will always attempt to have deliveries made in one consignment, we reserve the right to have products delivered in more than one consignment, unless otherwise agreed.
• If you fail to accept delivery of the products on the arranged delivery date, any charges incurred for redelivery will passed onto you, and likewise any charges incurred for the storage of products. These charges will need to be settled prior to any re-delivery attempt.
• If the delivery company’s POD (proof of delivery) is signed for by you, with no mention of damage no refunds or repairs can be issued for damages caused in transit and we will be entitled to treat the products as accepted.
• products may be collected from our Norfolk based workshop on completion by you if previously arranged, and only once full payment has been received.
• Additional waiting time, caused by you not being at the delivery location during your allocated delivery window, will be billed at £30 per 30 minutes.

PRODUCTS, MATERIALS AND DESIGN

By the very nature of both the materials we use, and the type of furniture we are producing, our timber could contain all of the following characterful traits: (which are expected within each piece and for which we are unable to offer any kind of discount or refund)

• Knots/cracks/shakes
• Small machining mark
• Natural colour variation

Hopefully all of these attributes will add to the uniqueness of your piece, but should you want your piece to be reduced from this type of rustic character as much as possible, please make sure to specify a quote for prime oak, or let us know that you need a surface extra flat/smooth etc so that we are able to quote accordingly.

We always endeavour to choose the best timber boards for orders, however there will still be small knots, varied wood grain and medullaray rays, depending on the wood we have in stock/available to us at the timber mill.

Waney Edge items are different every time and can have high levels of character. We secure or fill any large natural cracks and large knots, however these won’t be on every order.

We will not accept returns, make adjustments or alterations, or offer refunds due to issues arising from your personal preference on wood grain, pattern, knots, medullary rays, colour variation or any other naturally occurring elements. Natural wood is varied and beautiful and the grain can even change in the same piece.

All wood species can react to exposure to sunlight, changes in temperature and humidity. We cannot be held responsible for changes in the wood due to environmental factors, once delivery has been made. All our wood is dried to a humidity of 8-10% moisture. In very dry or hot settings this could decrease, leading to cracks/movement; likewise a very humid or wet environment could cause the wood to warp, and joints to separate. We make our furniture with wood movement in mind; however, we can’t take responsibility should the piece react to the temperature or humidity of your own environment.

Our furniture is not suitable for outdoor use or use in bathrooms and wet-rooms unless specified.

All our products can be made to measure to fit your space, however we do not guarantee mm precision unless we are specified to do so, and some hardware such as nuts and bolts may protrude – please allow for +/- 5mm on all dimensions. The tolerances are likely to mainly occur in the height and depth of the piece as we are using solid boards which can vary slightly in size depending on how much each particular board needs sanding.

If you require an exact size for your item, for fitting into an alcove for example, please make sure to specify that the measurement needs to be exact. We can’t take responsibility for an item which doesn’t fit or is too small/large if the measurement is over ±1% of tolerance.

Due to the nature of the finishes applied to our product, the final finishes may vary from photos online or samples we send out, but we will always do our best a get a match.

When working to your design specifications and drawings, we will not be responsible for issues with design, functionality, or stability/wood movement, unless a sample product is ordered or testing is paid for. We endeavour to ensure any product ordered sent out is in full working order, and to our usual high standard, however if we do encounter unexpected design issues, or need to alter your design we will notify you and reserve the right to charge.

We will not be held responsible for any damage caused by fitting or by you making adjustments or amendments to the product, for example the fitting of your own legs to table tops etc.

We cannot be held responsible for your preference to design elements that are not discussed or raised at the point of ordering, and will make educated assumptions based on the style of the product, and it’s functionality etc.

Our finishes will need maintaining, depending on use. In particular, dining tables, coffee tables, side tables and desks may need re-coating every 12 months. We also recommend using wood cleaner.

Almost all of our products leave us fully assembled, unless specified otherwise.

All of our items are going to be quite heavy. If weight is going to be a concern, please specify before placing your order.

We recommend that items of shelving should be fixed to a wall for safety. Please mention whilst ordering if you will require fixings, or holes drilling. Items of furniture left free standing are done so at your own risk.

In the circumstance that an item is to be fixed to a wall, floor, or similar, it is the customer’s responsibility to check the suitability of your property, wall type, etc. We will not be responsible for damages caused to your property in the process, or as a result, of you attaching your furniture to the wall, floor etc. We would recommend you always use an experienced tradeperson.

Always place heavier items at the bottom of shelving and storage to avoid the piece becoming top heavy.

Please inform us if items are to be subjected to heavy loads (books, wine bottles etc..) so we can advise accordingly.

PAYMENTS AND PRICING

A 50% deposit is required on placement of an order. The remaining 50% is to be paid before delivery, and orders will be held until full payment has been made.

Should payment not be made within 10 days of the final invoice we will remind you in writing. Should the payment remain unpaid we will remind you after another 5 days. Should payment still remain unpaid within 5 days then we reserve the right to sell the item as we so choose. If we do onsell the product, and there is any surplus remaining on your original deposit in excess of our costs including any administration and selling fees then we will refund such surplus to you. All prices are exclusive of any applicable VAT.

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, product shipping charges, delivery estimates and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).