Terms and Conditions
These Terms will apply to any contract between us for the hire of Kitchens to you (Contract). Please read these Terms carefully and make sure that you understand them, before making a booking to view or hire any Kitchens from our site (Booking). Please note that before making a Booking you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to make any Bookings from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 7. Every time you wish to make a Booking, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the website www.kitchup.co.uk. We are Kitchup Limited (company registered no 09403139 ) whose registered office is at Bournehurst, Sheephurst Lane, Marden, Tonbridge, Kent, TN12 9LY (Kitchup).
1.2 Contacting us. You may contact us by e-mailing our customer service team at email@example.com. If you wish to give us formal notice of any matter in accordance with these Terms,
2. KITCHUP KITCHENS
2.1 The images of the Kitchens on our site are for illustrative purposes only. Although we have made every effort to display the size and facilities accurately, we cannot guarantee that it is an accurate representation and you are therefore advised to view any Kitchen before entering into a contract to hire it.
2.2 Kitchup does not own, sell, furnish, rent, sublet, license, manage or control any Kitchen on the site. All Kitchens are owned and managed by the Kitchen Owners and all agreements to hire Kitchens are entered into solely between the Kitchen Owner and you.
3. USE OF OUR SITE AND INTELLECTUAL PROPERTY RIGHTS
3.1 Your use of our site is governed by our [Terms of website use and Website Acceptable Use Policy.] Please take the time to read these, as they include important terms which apply to you.
3.2 Intellectual Property Rights means all trademark, trade dress, copyright, patent, moral rights, goodwill, trade secret rights and any other intellectual property right, including any application or registrations therefore, that may now exist or hereafter come into existence under the law of any state, country or other jurisdiction.
3.3 All Intellectual Property Rights in relation to the site (including any trademarks whether registered or unregistered) and any technology or software used by the site, are the exclusive property of Kitchup save for certain content on the site submitted by Kitchen owners for advertising purposes. You acknowledge that you do not have any Intellectual Property Rights in relation to the site, its content or any technology or software used by the site.
4. HOW WE USE YOUR PERSONAL INFORMATION
5. THIS CONTRACT
5.1 You confirm that you have authority to bind any business on whose behalf you use our site to make Bookings.
5.2 These Terms and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
5.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
5.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 Our site will guide you through the steps you need to take to make a Booking with us. Our order process allows you to check and amend any errors before submitting your Booking to us. Please take the time to read and check your Booking at each page of the process.
6.2 After you have made a Booking, you will receive an e-mail from us acknowledging that we have received it. However, please note that this does not mean that your Booking has been accepted. Our acceptance of your Booking will take place as described in clause 6.3.
6.3 We will confirm our acceptance to you by sending you an e-mail that confirms the details of your Booking (Booking Confirmation). The Contract between us will only be formed when we send you the Booking Confirmation.
6.4 If we are unable to arrange a Booking, for example because that Kitchen is no longer available for hire or because we cannot meet your requested Booking date or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your Booking unless you agree to alternative dates or hire charges.
7. OUR RIGHT TO VARY THESE TERMS
7.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed. Every time you make a Booking with us, the Terms in force at the time of your order will apply to the Contract between you and us.
8. PRICE OF KITCHEN HIRE
8.1 The prices of the Kitchens to hire will be as quoted on our site at the time you submit your Booking. We take all reasonable care to ensure that the prices of Kitchens are correct, however please note that as we advertise Kitchens for hire on behalf of third parties we rely on the accuracy of the information supplied to us and if they have changed their hire rates without telling us the information on our site may not be accurate. If you wish to proceed with a hire of a Kitchen you will contract directly with the Kitchen Owner for that hire so you will not be committed to any hire charges before that time.
8.2 The price of a Kitchen hire quoted on our site excludes VAT (where applicable) at the current rate chargeable in the UK for the time being. However, if the Kitchen Owner is going to charge VAT on the Kitchen hire they will advise you of this before you enter into a contract to hire a Kitchen with them.
9. CHARGES AND PAYMENT
9.1 You are only required to pay for a Kitchen hire once you have had a viewing and decide you want to proceed with the hire. You will contract with the Kitchen Owner directly and Kitchup will take payment on behalf of the Kitchen Provider via our site or over email. If you choose to make payment via our site we accept the following payment methods: Go Cardless payment system, Bank transfer.
9.2 Our charges are deducted from the hire charge you pay to the Kitchen Owner so you will not be charged directly by us if you hire a Kitchen.
10.1 Either party may, with or without cause, terminate this Contract with immediate effect by giving notice in writing to the other party. Any Bookings outstanding at the date of termination will be cancelled. Any agreements for the hire of a Kitchen entered into before the date of termination will remain in place unless terminated by a Kitchen owner.
11. OUR LIABILITY TO YOU
11.1 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the legislation known as the Sale of Goods and Services Act 1982.
11.2 Subject to clause 11.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
11.3 Subject to clause 11.1, as we do not make any charges to you for our services we exclude all financial liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise.
11.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Kitchens. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Kitchens are suitable for your purposes.
11.5 Neither party will be liable to the other for failure or delay in carrying out this contract which is caused by an event beyond our reasonable control, which could not have foreseen or which was unavoidable. This includes industrial disputes, energy or transport failures, acts of God, war, terrorism, civil unrest, explosions, mechanical breakdown, natural disasters, deliberate damage, failures of suppliers or sub-contractors to do what they are supposed to, or failure of internet availability.
12. COMMUNICATIONS BETWEEN US
12.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
(a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
(c) In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
(d) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
13. OTHER IMPORTANT TERMS
13.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
13.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
13.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
13.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
13.5 If we fail to insist that you perform any of your obligations under these Terms, 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.
13.6 This 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 the law of England and Wales.
13.7 We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).