Terms & Conditions
TERMS & CONDITIONS
1. These Terms & Conditions
1.1. These are the terms and conditions on which Robert Kime Ltd. ("Robert Kime", "us", "ours") supplies its products ("Items") to you ("Client", you”, “yours”), via the Robert Kime website or when you place an order in person at one of Robert Kime’s showrooms. The section headed “General Terms & Conditions of Sale” applies to all orders for Items from Robert Kime and the section headed “Product Specific Terms & Conditions” contains additional supplemental terms and conditions which apply to specific Items which the Client may order from Robert Kime.
1.2. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Items to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If for any reason you do not agree to these terms, you must not purchase Items from the Robert Kime website.
Consumer Clients:
1.3. In some areas the Client will have different rights under these terms depending on whether the Client is a business or a consumer. You are a consumer if: (i) you are an individual; and (ii) you are buying Items from Robert Kime wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession or purchased through a trade account). Otherwise, you are a business customer.
Business Clients:
1.4. If you are a business customer, these terms constitute the entire agreement between you and Robert Kime in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in these terms.
2. Information about Robert Kime
2.1. Robert Kime Ltd. is a company registered in England and Wales with company registration number 02159803 and our Head Office is at: Unit 7, Hertford Court, Hertford Road, Marlborough Business Park, Marlborough, Wiltshire, SN8 4AW. Our registered VAT number is GB 663 6772 03.
2.2. You can contact us by telephoning +44 (0)20 7229 0886 or by writing to us at web@robertkime.com or by post to the London Showroom at 190-192 Ebury St, Belgravia, London SW1W 8UP or by using our online contact form here: www.robertkime.com/contact
2.3. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4. When we use the words 'writing' or 'written' in these terms, this includes emails.
2.5. As a business, Robert Kime is committed to sustainability and protecting the environment. For more information on our environmental policy, please see: www.robertkime.com/environmental-policy
2.6. Robert Kime is the owner or the licensee of all intellectual property rights in this website, in any content on our social media page and in the Robert Kime catalogues and all other Robert Kime marketing, advertising and publicity materials, including all the content and materials published therein. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
2.7. You must not use or modify any of the content or materials contained on this website, the Robert Kime catalogues, our social media page and/or any other Robert Kime marketing, advertising or publicity materials (or any copies thereof) including any illustrations, photographs, video or audio sequences or any other graphics contained therein without the prior written consent of Robert Kime.
2.8. You must not use any of Robert Kime’s intellectual property rights for any purpose without obtaining a licence to do so from Robert Kime or its licensors. If you are a business customer and you breach this Clause 2.8, you shall indemnify Robert Kime on demand for all liabilities, damages, losses, fines, expenses and costs (including reasonable legal expenses) suffered or incurred by Robert Kime as a result of such breach.
3. Our contract
3.1. Each order placed by the Client shall be deemed an offer by the Client to purchase Items subject to these terms. No order the Client places shall form a binding contract or be deemed to be accepted by Robert Kime until an order confirmation is issued by Robert Kime to the Client. Robert Kime’s order confirmation will take place when Robert Kime emails the Client to confirm and accept the order.
3.2. The order confirmation, together with these terms, shall form the contract between Robert Kime and the Client. Any requests for cancellations must be made in writing. Subject to any statutory rights a Client may have, Robert Kime reserves the right to refuse any requests for amendments to or cancellations of orders once the order confirmation has been issued, as further set out in Clauses 5 and 8.
3.3. If Robert Kime is unable to accept the Client’s order, Robert Kime will inform the Client of this and will not charge the Client for the Item(s). This might be because the Item is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for the Client does not meet our minimum requirements, because we have been unable to verify the Client’s identity when required to do so under applicable anti-money laundering regulations or due to our own know your customer (KYC) process, because we have identified an error in the price or description of the Item(s) or because we are unable to meet a delivery deadline the Client has specified. Robert Kime reserves the right to refuse orders at its sole discretion.
3.4. Robert Kime will assign an order number to the Client’s order and inform the Client of it when confirming the order. The Client should use the order number when contacting Robert Kime about their order.
4. Products and Warranty
General:
4.1. The images of the Items on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the Items. The Items may vary slightly from those images. The packaging of the Items may also vary from that shown in images on our website.
4.2. If we are making the Items to measurements the Client has given us, the Client is responsible for ensuring that these measurements are correct. Robert Kime shall have no responsibility or liability to the Client, nor shall it be liable to replace or refund any Items where a Client has provided incorrect measurements and, as such, the Items are not fit for the Client’s intended purpose.
4.3. Robert Kime warrants that all Items supplied by us and our duly authorised agents and sub-contractors are materially free from defects for 12 months from the date of delivery and that we and our duly authorised agents and sub-contractors use all reasonable skill and expertise in the identification and description of Items. This warranty does not affect the statutory rights of the Client.
4.4. The above warranty does not apply to any defect in or affecting the Items arising from fair wear and tear, wilful damage, accident, negligence by the Client or any third party, use otherwise than as recommended by Robert Kime or its authorised agents and sub-contractors, failure to follow our instructions (or the instructions of our authorised agents and sub-contractors), or any alteration or repair carried out without our approval.
4.5. If the Items develop a material defect while under warranty, or the Client has any other complaint about the Items, the Client should notify Robert Kime in writing.
4.6. Subject to Clause 6.6 and without prejudice to any of Robert Kime’s rights under these terms and conditions, if the Client gives notice in writing to Robert Kime during the warranty period set out in Clause 4.3 within a reasonable time of discovery, that some or all of the Items do not comply with such warranty set out therein, then, provided that: (i) Robert Kime is given a reasonable opportunity to examine the Items; and (ii) has verified that the Items are defective in contravention of the warranty, then Robert Kime shall (at its option), either; (i) repair the defective Items; (ii) replace the defective Items; or if the Items cannot be repaired or replaced, (iii) refund the Items at the price paid by the Client. If the Items are outside of the warranty period specified in Clause 4.3, Robert Kime shall not be obliged to repair, replace or refund the defective Items.
Consumer Clients:
4.7. If you are a consumer, Robert Kime is under a legal duty to supply Items that are in conformity with this contract. Nothing in these terms will affect your legal rights.
Business Clients:
4.8. The Client warrants that it has not relied on any representations made by or on behalf of Robert Kime as to any descriptions, illustrations, images or specifications of the Items contained in the Robert Kime catalogues, website, on social media or any other marketing, advertising or publicity material produced by or on behalf of Robert Kime, all of which are only intended to convey a general idea of the Item(s) mentioned in them.
5. Changes to an order
5.1. If the Client wishes to make a change to the Item ordered, they should contact Robert Kime who will let the Client know if the change is possible. Subject to Clause 8.3 and without prejudice to any of Robert Kime’s rights under these terms and conditions, if it is possible to amend the order in line with the Client’s request, the Client will be informed about any changes to the price of the order, the timing of delivery or anything else which would be necessary as a result of the requested change. Before proceeding to amend the order, Robert Kime shall ask the Client to confirm that they wish to go ahead. Only if Robert Kime receives such confirmation in writing shall the order be amended.
5.2. If the change cannot be made or the consequences of making the change are unacceptable to the Client, the Client may either proceed with the unamended order, or may terminate the contract in accordance with these terms and conditions, notwithstanding that the Client may be liable for some or the full value of the order as further set out herein.
6. Delivery and order acceptance
6.1. Robert Kime's delivery charges are set out on our website and are also available on request by contacting Robert Kime. Orders placed via the Robert Kime website are for delivery only, if the Client wishes to collect an Item, the order should be placed directly with one of Robert Kime's showrooms.
6.2. During the order process Robert Kime will inform the Client of when the Item(s) will be provided or the estimated delivery date.
6.3. Where Items are to be sourced from Robert Kime’s suppliers, orders will not be processed with Robert Kime’s suppliers until payment to Robert Kime has been made in full. The lead time of the Item(s) will then commence from the date Robert Kime receives such payment of the order from the Client.
6.4. If the supply of the Item(s) is delayed by an event outside Robert Kime’s reasonable control (including but not limited to those events detailed in Clause 18.5), then Robert Kime will contact the Client as soon as possible to inform them and will take steps to minimise the effect of the delay. Robert Kime will not be liable for delays caused by the event, but if there is a risk of substantial delay the Client may terminate the contract and receive a refund for any Items paid for but not received. Robert Kime may terminate the contract in accordance with Clause 18.5 if the order cannot be fulfilled.
6.5. If the Client has requested to collect the Item(s) from Robert Kime's showroom, they can collect them from at any time during working hours (excluding public holidays) and by appointment, please refer to Robert Kime's opening hours on our website.
6.6. On delivery or collection, the Client should unpack and inspect the order immediately. Please give notice in writing within 7 days of delivery if any of the Items are not in accordance with the written order or are damaged or defective.
6.7. Robert Kime cannot accept claims for non-delivery of the order unless notified in writing within 5 days of the agreed delivery date.
6.8. Robert Kime may need certain ‘know your client’ (KYC) information from the Client in order to supply the Item(s), for example, the Client's name, contact information, address, and payment information. In some circumstances, Robert Kime may also need documentation as proof of the Client’s identity before processing the order. If so, Robert Kime will contact the Client to ask for this KYC information. If the Client does not provide this KYC information within a reasonable time of being asked for it, or if the Client provides incomplete or incorrect information, Robert Kime may refuse to supply any Items to the Client, and where applicable, may end the contract. Robert Kime will not be responsible for any delays in supplying Item(s) or for not supplying any part of them, if this is caused by the Client not giving us the information we need within a reasonable time but within not less than 10 working days of us asking for it.
6.9. By submitting an order to us, you agree that Robert Kime may process your personal data for the purposes of fulfilling your order, or for contacting you in relation to your order. Robert Kime will process your personal data you at all times as set out in our privacy policy here: www.robertkime.com.
7. Risk and Title
Business Clients:
7.1. Notwithstanding delivery and the passing of risk in the Items upon delivery, the ownership of the Items shall not pass to the Client until Robert Kime has received payment in full and in cleared funds of the price for the Item(s) and all other sums which are or become due and payable by the Client have been received by Robert Kime from the Client. Title to, and ownership of the Item(s) remains the absolute and unencumbered property of Robert Kime until full payment is received in cleared funds.
7.2. Until such time as the ownership of the Items has passed to the Client, the Client shall:
- Hold the Item(s) on a fiduciary basis as bailee for Robert Kime;
- Keep the Item(s) separate from all other items of the Client or any third party in such a way that they remain readily identifiable as the property of Robert Kime;
- Keep the Item(s) properly stored protected and insured on behalf of Robert Kime for their full price against all risks, which a prudent house owner would insure; and
- Not destroy, deface or obscure any identifying mark on the Item(s).
7.4. Robert Kime shall be entitled to recover payment for the Item(s) notwithstanding the ownership of any of the Items has not passed from Robert Kime.
7.5. The Client shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Items which remain the property of Robert Kime but if the Client does so, all monies owing by the Client to Robert Kime shall (without prejudice to any other right or remedy of Robert Kime) forthwith become due and payable.
7.6. The Client's right to possession of the Item(s) shall terminate immediately if:
- The Client has a bankruptcy order made against them or it, or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being enforced for the relief of insolvent debtors; or
- The Client suffers or allows any execution, whether legal or equitable, to be levied on his property or obtained against them or it, or fails to observe or perform any of their / its obligations under the Contract or any other contract between Robert Kime and the Client, or is enabled to pay his debts within the meaning of Section 123 of the Insolvency Act 1986; or
- The Client is in breach of these terms.
Consumer Clients:
8.1. In relation to most Items bought via Robert Kime's website (other than bespoke Items, those which are made to order or fabric which has been cut) if the Client is a consumer, the Client can cancel the order within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. After the 14 day "cooling-off" period, the same terms apply as if the Client had bought the Item(s) from Robert Kime's showroom.
Business Clients:
8.2. All requests for cancellations must be made in writing. Robert Kime (at its discretion) may agree to cancel the order, if the fabric has not been cut or manufacture has not begun; however, a 20% handling charge may be payable.
Consumer and Business Clients:
8.3. Subject to Clause 8.1 or any other applicable statutory right, no Client shall be entitled to amend or cancel an order in respect of:
- any Item(s) which are bespoke, made to measure and/or have been personalised;
- any fabric which has been cut or wallpaper which has been cut or hung;
- Items sealed for health protection or hygiene purposes, once these have been unsealed after the Client receives them; and/or
- any Item(s) which become mixed inseparably with other items after their delivery.
General:
9.1. Subject to a consumer's additional rights of return in Clauses 9.3 and 9.4 and subject to the terms relating to non-refundable Items set out in Clause 8.3, Robert Kime operates a 14-day return policy. The Client may return an Item within 14 days, provided that it is returned in its’ original condition, with proof of receipt. The Client should either return the Item(s) in person to where they were purchased, ship them back to Robert Kime’s head office or allow Robert Kime to collect them. Any Item returned after 14 days without cause is at the discretion of Robert Kime and may be subject to a 20% restocking fee.
9.2. Fabric and wallpaper may only be returned if unused and in its' original condition. No claims for faulty fabrics or wallpapers can be made after the fabrics or wallpapers have been cut or hung. All fabric and wallpaper returns will incur a 20% restocking charge.
Consumer Clients:
9.3. If the Client is exercising their right to change their mind, under Clause 8.1:
- Robert Kime may reduce the refund of the price (excluding delivery costs) to reflect any reduction in the value of the Item(s), if this has been caused by the Client handling them in a way which would not be permitted in a showroom. If Robert Kime refunds the price paid before being able to inspect the goods and later discover they have been handled (including during delivery arranged by the Client) in an unacceptable way, the Client may be required to pay an appropriate amount;
- Robert Kime will make any refunds due to the Client as soon as possible. Any refunds due will be made within 14 days from the day on which Robert Kime receives the Item(s) back from the Client where the Client is returning them or, if earlier, the day on which the Client provides evidence that they have sent the Item(s) back; and
- where Robert Kime is due to collect the Items, the refund will be made within 14 days of the Client informing Robert Kime that the Client has changed their mind.
- up to 30 days: if the Item(s) are faulty, then the Client can get an immediate refund;
- up to six months: if the Item(s) cannot be repaired or replaced, then the Client is entitled to a full refund, in most cases; or
- up to six years: if the Item(s) do not last a reasonable length of time the Client may be entitled to some money back.
9.5. Business customer returns will be reviewed first and will not be accepted without prior agreement in writing. Business customers should not return items to Robert Kime without first contacting us to discuss the return request.
9.6. Items should be carefully inspected on receipt. Whilst every effort is made to inspect each order, errors can be made and damage may occur in transit.
9.7. If a return is agreed and you would like Robert Kime to arrange collection of the item, the item must be in its original packaging and/or packaged the same protected way as when it was delivered.
9.8. A 20% handling fee, plus any carriage costs, may be deducted from the credit. Robert Kime will not accept returns if invoices are dated over 30 days, the fabric/trimming has been cut, wallpaper has been hung, it is a custom order, fabric has been treated or altered in any way. Returns or refunds will not be accepted for any Item(s) set out in Clause 8.3.
9.9. Any refunds issued by Robert Kime shall be made by the method the Client used for payment. However, Robert Kime may make deductions from the price, as described in Clause 9.8 above.
10. Quotes
Quotations are valid for 30 days from the date of issue. Unless otherwise agreed by Robert Kime in writing, quotations shall not constitute an offer from Robert Kime and a contract shall only come into existence when Robert Kime has issued an order confirmation in accordance with Clause 3.2.
11. Prices
11.1. The price of an Item (which excludes VAT) will be the price indicated on the order confirmation when the Client places an order. Prices stated do not include carriage, freight or insurance, and such duties subject to alteration without notice. All prices quoted will state the VAT separately, which may also be subject to change.
11.2. Robert Kime takes all reasonable care to ensure that the price of the Item(s) advised to the Client is correct. However, please see Clause 11.4 which applies if Robert Kime discovers an error in the price of the Item(s) ordered by the Client.
11.3. If the rate of VAT changes between the Client's order date and the date Robert Kime supplied the Item(s), Robert Kime will adjust the rate of VAT that the Client pays, unless the Client has already paid for the Item(s) in full before the change in the rate of VAT takes effect.
11.4. It is always possible that, despite our best efforts, some of the Item(s) Robert Kime sells may be incorrectly priced. We will normally check prices before accepting the Client's order so that, where the Item’s correct price at the order date is less than the stated price at the order date, we will charge the lower amount. If the Item's correct price at the order date is higher than the price stated to the Client, Robert Kime will contact the Client for instructions before accepting the order. If Robert Kime accepts and processes an order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by the Client as a mispricing, Robert Kime may terminate the contract, refund the Client any sums paid and require the return of any Item(s) provided to the Client.
12. Payment Terms
Consumer Clients:
12.1. Robert Kime accepts payment by credit or debit card, bank transfer and online via PayPal, credit or debit card.
12.2. Unless otherwise agreed in writing, the Client must pay for the Item(s) before Robert Kime dispatches them or makes them available for collection. Where the Item(s) are being delivered to the Client, Robert Kime will not charge the Client's credit or debit card until the Item(s) have been dispatched to the Client.
Business Clients:
12.3. Robert Kime accepts payment by credit or debit card, bank transfer and online via PayPal, credit or debit card. In relation to online orders and purchases made by business customers who do not have a trade account with Robert Kime, the Client must pay for the Item(s) before Robert Kime dispatches them or makes them available for collection.
12.4. Where the Client is a business customer who has a trade account with Robert Kime, different payment terms may apply. Unless otherwise agreed in writing, the Client must pay each invoice within 30 calendar days after the date of the invoice. Once an account becomes overdue for payment, supplies may be automatically suspended until the account is brought up to date.
12.5. Where the Client is a business customer, the Client must pay all amounts due to Robert Kime under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
12.6. If the Client thinks an invoice is wrong, the Client should contact Robert Kime promptly to let us know. The Client will not have to pay any interest until the dispute is resolved. Once the dispute is resolved Robert Kime will charge interest on correctly invoiced sums from the original due date. Interest will accrue on correctly invoiced sums from the due date for payment until payment is made, at a rate of 8% a year above the Bank of England’s base rate from time to time, but at 4% for any period when the base rate is below 0%.
13. Liability
Consumer Clients:
13.1. If Robert Kime fails to comply with these terms, Robert Kime is responsible for loss or damage the Client suffers that is a foreseeable result of Robert Kime’s breach of this contract or failure to use reasonable care and skill, but Robert Kime is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both parties knew it might happen, for example, if the Client discussed it with Robert Kime during the sales process. Robert Kime is also not responsible to the Client for any indirect or consequential loss arising under or in connection with any contract between them.
13.2. Robert Kime does not exclude or limit in any way our liability to the Client where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of the Client’s legal rights in relation to the Items including the right to receive products which are: as described and match information we provided to the Client and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
13.3. If the Client is a consumer, Robert Kime only supplies Items for domestic and private use. If the Client uses the Item(s) for any commercial, business or re-sale purpose, then Robert Kime’s liability will be limited as set out in Clauses 13.4-13.6.
Business Clients:
13.4. Nothing in these terms shall limit or exclude Robert Kime's liability for:
- death or personal injury caused by Robert Kime’s negligence, or the negligence of Robert Kime’s employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
- any matter in respect of which it would be unlawful for Robert Kime to exclude or restrict liability.
13.6. Subject to Clause 13.4:
- Robert Kime shall not be liable to the Client, 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 any contract between them; and will have no liability to the Client for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Robert Kime's total liability to the Client for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the purchase price paid by the Client for Item(s) under such contract. In no circumstances whatsoever shall Robert Kime be liable for indirect or consequential loss or damage.
General:
14.1. The Client's rights to terminate the contract will depend on what the Client has bought, whether there is anything wrong with it, how Robert Kime is performing and when the Client decides to terminate the contract and whether the Client is a consumer or business customer. See Clauses 14.2-14.4 if you are a consumer or Clause 14.5 if you are a business.
Consumer Clients:
14.2. Consumer Clients' Termination Right:
- if what the Client has bought is faulty or mis-described the Client may have a legal right to terminate the contract (or to get the Item repaired or replaced or to get some or all money back), see Clause 9;
- if the Client wants to terminate the contract because of something Robert Kime has done, see Clause 14.3;
- if the Client is a consumer and has changed their mind about the Item(s), see Clause 8.1. The Client may be able to get a refund if it is within the cooling-off period, but this may be subject to deductions; and
- in all other cases (if Robert Kime are not at fault), see Clause 14.4.
- Robert Kime has told the Client about an upcoming change to the Item(s) or these terms to which the Client does not agree;
- Robert Kime has told the Client about an error in the price or description of the Item(s) ordered and the Client does not wish to proceed;
- there is a risk that supply of the Item(s) may be significantly delayed because of events outside Robert Kime’s control; or
- the Client has a legal right to terminate the contract because of Robert Kime’s breach of the contract.
Business Clients:
14.5. Other than in relation to any Item(s) which are bespoke, made to measure and/or have been personalised (for which returns/refunds are not offered), business customers can terminate the contract before it is completed, but the Client may have to pay compensation to Robert Kime. A contract for goods is completed when the Items are delivered or collected and paid for. If the Client wants to terminate the contract before it is completed, the Client should let Robert Kime know in writing. Robert Kime will refund any advance payment the Client has made for Items which will not be provided.
Robert Kime's Termination Right:
14.6. Robert Kime may terminate the contract if the Client is in breach of the contract. Robert Kime may terminate the contract at any time by writing to the Client if:
- the Client does not make any payment to Robert Kime when it is due and still does not make payment within 14 days of Robert Kime reminding the Client that payment is due;
- the Client does not, within a reasonable time of Robert Kime asking for it, provide information that is necessary for Robert Kime to provide the Item(s), including identity information which may be required under applicable anti-money laundering regulations; or
- the Client does not, within a reasonable time, allow Robert Kime to deliver the Item(s) to the Client or collect them from Robert Kime; or
- the Client is in breach of any of these terms and fails to remedy such breach within 7 days of being sent notice in relation to such breach; or
- the Client uses any intellectual property rights of Robert Kime without the relevant permission or licence or, in any way, infringes any intellectual property right of Robert Kime; or
- the Client fails to follow the reasonable instructions of Robert Kime; or
- the Client is in breach (or Robert Kime suspects it is in breach) of its anti-money laundering and corruption obligations set out in Clause 16.
Business Clients:
14.8. In addition to Robert Kime’s termination rights set out above, where the Client is a business Robert Kime reserves the right to terminate the contract and withdraw the Client’s Robert Kime account without notice, for any reason.
15. Consequences of termination
General:
15.1. If the Client terminates the contract for any reason after Items have been dispatched or received, the Client must return them to Robert Kime. The Client must either return the Item(s) in person to where they were purchased, ship them back to Robert Kime’s head office or allow Robert Kime to collect them.
Consumer Clients:
15.2. If the Client is exercising a right to change their mind under Clause 8.1 the Client must ship the Items back to Robert Kime within 14 days of notifying Robert Kime that the client wishes to terminate the contract.
15.3. Robert Kime will pay the costs of return if:
- if the Items are faulty or mis-described;
- if the Client is terminating the contract because of an error in pricing or description, a delay in delivery due to events outside Robert Kime’s control or because the Client has a legal right to do so.
Business Clients:
15.5. On termination in accordance with Clause 14.5 the Client must pay the costs of return of the Item(s).
16. Anti-Bribery and Anti-Corruption
16.1. The Client shall (and (where applicable) shall procure that all of its personnel shall) during this contract at all times, comply with applicable laws, statutes, regulations and codes relating to anti-bribery and anti-corruption (“Relevant Requirements”), including but not limited to:
- the Bribery Act 2010;
- the Proceeds of Crime Act 2002; and
- the Money Laundering Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017.
16.2. The Client shall:
- not engage in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the Bribery Act 2010;
- comply with Robert Kime’s KYC procedures and all related instructions;
- not do anything that would cause or lead Robert Kime to be in breach of the Relevant Requirements;
- notify Robert Kime immediately in writing if it becomes aware of any breach of this Clause 16; and
- if requested, provide Robert Kime with any reasonable assistance to enable Robert Kime to perform any activity required by any relevant government or agency in any relevant jurisdiction for the purpose of compliance with any of the Relevant Requirements.
16.3. If Robert Kime reasonably suspects the Client of being in breach of this Clause 16, Robert Kime shall be entitled to (at its option): (i) refuse to supply any Items to the Client; (ii) terminate this contract with immediate effect with no further liability to the Client; and, with respect to Business Clients, (iii) require the Client to permit Robert Kime and its third party representatives to immediately access and take copies of any records or other information held at the Client’s premises, and to meet with Robert Kime’s staff to audit the Client’s compliance with this Clause 16.
17. Product Recall
Consumer Clients:
17.1. Robert Kime uses all due care to ensure that only safe Items are supplied to Clients. If Robert Kime becomes aware (either as a result of a request, order, court order or other directive of a governmental authority) that Items are defective, Robert Kime shall notify you as soon as possible.
17.2. Robert Kime shall either arrange to collect the Item, or to have it returned, at Robert Kime’s risk and expense.
Business Clients:
17.3. Where a Client sells Items on to end customers, and if any such Client becomes aware of, or is the subject of a request, order, court order or other directive of a governmental or regulatory authority to withdraw any Items from the market it must immediately notify Robert Kime in writing and send Robert Kime a copy of the recall notice.
17.4. Robert Kime may issue a notice to Clients to recall or withdraw Items from the market or to return Items to Robert Kime at our risk and expense:
- if the supply or use of the Items infringes, or may infringe, a third party’s intellectual property rights;
- if the Items are, or may be, unsafe;
- if the Items are, may be, or become illegal or non-compliant with any law, regulation or government agency or industry standard;
- if a defect in the Items may cause harm to Robert Kime’s reputation or brand; or
- for any other reasonable ground (in Robert Kime’s opinion).
18. General
18.1. Variation. No amendment or variation of the contract shall be effective unless it is in writing, and signed by each of the parties.
18.2. Severability. If any provision or part of any provision of the contract is held by a court or relevant authority to be invalid or unenforceable, then the provision or part shall be severed and the remainder of the provision and all other provisions of the contract shall remain valid and in full force.
18.3. Waiver. No delay in exercising or failure to exercise by Robert Kime of any of its rights under or in connection with the contract shall operate as a waiver or release of that right.
18.4. Entire Agreement. The contract represents the entire agreement between the parties in relation to the subject matter of the contract and supersedes any previous agreement whether written or oral between all or any of the parties in relation to that subject matter. Each party acknowledges that in entering into the contract it does not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in the contract.
18.5. Force Majeure. Robert Kime shall have no liability to the Client under the contract if it is prevented from or delayed in performing its obligations under the contract, or from carrying on its business, by any act, event, omission or accident beyond its reasonable control, including strikes, lock-outs or other industrial disputes, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, act of terrorism, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, epidemic, pandemic or default of suppliers or sub-contractors. Robert Kime shall use reasonable endeavours to mitigate the impact of a force majeure event on a Client’s order. However, if a force majeure event prevents Robert Kime from being able to fulfil its obligations under the contract and continues for more than 3 months, Robert Kime shall be entitled to terminate this contract without further liability to the Client.
18.6. Assignment. Robert Kime may transfer its rights and obligations under these terms and conditions to another organisation. We will always tell the Client in writing if this happens and we will ensure that the transfer will not affect the Clients rights under the contract. The Client may only transfer the Client’s rights or obligations under these terms and conditions to another person if Robert Kime agrees to this in writing.
18.7. Third Party Rights. Except as otherwise expressly provided in the contract, none of the terms and conditions of the contract shall be enforceable by any person who is not a party to it, and accordingly the Agreements (Rights of Third Parties) Act 1999 shall not apply in relation to the contract.
18.8. Complaints. If you have any questions or complaints about the Items, please contact us as the details in Clause 2.2. Alternatively, please speak to one of our representatives at our showroom. We are under a legal duty to supply Items that are in conformity with this contract. Nothing in these terms will affect the Client's legal rights.
18.9. Governing Law. The contract, and any non-contractual rights or obligations arising out of or in connection with it, shall be governed by and construed in accordance with English law.
18.10. Jurisdiction
- Consumer Clients: you can bring legal proceedings in respect of the Item(s) in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Item(s) in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Item(s) in either the Northern Irish or the English courts.
- Business Clients: the parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to hear and determine or otherwise settle all and any claims, proceedings, suits or action (including non-contractual disputes or claims) arising out of or in connection with the contract or its subject matter.
FABRIC TERMS
Colour Matching
Due to the nature of fabrics supplied it is not always possible to obtain an exact colour match. Whilst we make every effort to ensure that colours correspond to our samples, slight variations may occur. Should you require a close colour match, we recommend that a stock cutting is requested and approved, and a reservation made for the appropriate quantity of fabric.
Colour Fastness
Our fabrics are not guaranteed against colour fading.
Cleaning
Dry cleaning is recommended for our fabrics. Up to 5% shrinkage can be expected.
Pilling
Our fabrics are not guaranteed against pilling.
Seam Slippage
Our fabrics are not guaranteed against seam slippage.
Shrinkage
A residual shrinkage/stretch of 2% should be allowed in making loose covers and curtains.
Silks
All silks tend to be more susceptible to fading than most other fabrics. Lining and interlining is strongly recommended when using these fabrics for curtains and blinds.
Abrasion Test Requirements
All of our fabrics are tested to the standard BS EN ISO 12947-2: 1998. Please contact our showroom if you require the rub count or test certificate for any of our fabrics.
Flammability Test Requirements
All of our fabrics are tested and pass the standard BS 5852: Part 1: 1979 - Flammability in accordance with The Furniture and Furnishings (Fire) (Safety) Regulations 1988 and Amendments Schedule 4 Part I. Please contact our showroom if you require the test certificate for any of our fabrics. Our Robert Kime fabrics will need additional fire proofing if the fabric is intended for public use. We are unable to provide the service of flame proofing for public use.
Upholstery
Robert Kime fabrics are suitable for upholstery which meet different levels of performance. Please contact our showroom for the exact fabric performance. Our Robert Kime fabrics must be used in conjunction with a flame retardant barrier cloth or fire proofed if intended for public use.
Treatments
No liability will be accepted for changes in appearance, performance, or defects in any of our fabrics if they are treated after purchase by spraying or processing of any kind, including flame proofing or the application of stain repelling treatments.
Custom/Bespoke Fabrics
We are unable to offer bespoke or custom colour ways of our Robert Kime print designs or fabrics, including changing the colour or quality of our base cloth fabric from the original design.
Fabric Cuttings / Samples
All fabric samples will be charged at £1.00 per sample including VAT. Please order fabric samples from the Robert Kime website at www.robertkime.com
Returnable Samples
50cm square fabric samples are available as returnable samples, which may be borrowed for two weeks. If the samples are not returned within two weeks a £50 charge will be made for each sample.
Lead Times
Printed fabric approximated lead times are 6 weeks. Woven fabric approximated lead times are 10 weeks.
Fabric orders will not be processed with our suppliers until the payment to Robert Kime has been made in full. The lead time of the Item will then commence from the date of payment.
Deliveries to Third Parties
Where a Client instructs deliveries to be made to third parties (curtain makers, upholsterers etc.) it is the responsibility of the Client to ensure that the correct material is received. We cannot accept claims after the fabric has been cut. Also, no claims will be accepted in respect of any costs of making up.
Faulty Goods
Fabrics should be carefully inspected prior to cutting. Whilst every effort is made to inspect each order, errors can be made and damage or creasing may occur in transit. Therefore, it is essential that no length be cut until you are satisfied with the fabric in all respects. Any claim must be put in writing within 7 days of receipt of the fabric/trimming.
Shipment
Unless specified, orders for 1(one) metre of fabric will be shipped folded rather than on a roll.
Wallpaper terms:
Lead times
Wallpaper approximated lead times are 8 weeks.
Colour Matching
Due to the nature of wallpapers supplied, it is not always possible to obtain an exact colour match. Whilst we make every effort to ensure that colours correspond to our samples, slight variations may occur. Should you require a close colour match, we recommend that a stock cutting is requested and approved and then a reservation made for the appropriate batch and quantity of wallpaper.
Colour Fastness
Our wallpapers are not guaranteed against colour fading.
Wallpaper Samples
All wallpaper samples will be charged at £1.00 per sample including VAT. Please order wallpaper samples from the Robert Kime website at www.robertkime.com
Flammability Test Requirements
Our wallpapers have been tested to the following fire tests and standards according to BS EN ISO 11925-2:2010, BS EN 13501:2007 + A1:2009 and BS EN 13823:2010. According to the standard: BS EN 13501-1:2007 meets an overall classification of: Class B, s1, d0. Please contact our showroom if you require the test certificate for any of our wallpaper. Our Robert Kime wallpapers will need additional fire proofing if it is intended for public use. We are unable to provide the service of flame proofing for public use.
Faulty Goods
Wallpapers should be carefully inspected prior to cutting. Whilst every effort is made to inspect each order, errors can be made and damage or creasing may occur in transit. Therefore, it is essential that no length be cut until you are satisfied with the fabric in all respects. Any claim must be put in writing within 7 days of receipt of the fabric/trimming.
Lighting terms
Lead times
Table lamps and other cast lamps approximated lead times are 8 weeks. Picture lights, bookcase lights and Paris lights approximated lead times are 6 weeks.
Colouring
Our metalwork comes in various finishes. Please note that all antiqued items are bespoke and hand- coloured. This means that each piece is individual and that it will continue to age and change colour over time.
Wiring
We are a member of BSI which means that all of our lighting is tested and passes the safety standard BSEN 60598 for lighting. Please contact our showroom if you require the specifications of the regulations.
Lighting Accessories
We have a range of accessories for lighting that can be bought at an additional price including wooden patrices, IP units (safety requirement for lighting in bathrooms), ceiling hooks, additional chain and hooks etc. Please contact our showroom if you require any advice or prices.
Lampshade terms
Lampshade Lead times
Card and Papyrus lampshades approximated lead times are 6 weeks. Existing stock of fabric shades have an approximated lead time of 21 working days. Lead times for made to order shades and bespoke shades will be quoted individually.
Special Note
Our Papyrus shades are made from a natural material and are individually hand made in the UK to the highest standard. Due to it being a delicate material, the papyrus is sensitive to the environment and is subject to deterioration through moisture, natural light and heat. We recommend using the papyrus shades in a low humidity environment and to use a low wattage bulb or any bulb that doesn't emit excessive heat.
Cushion terms
Existing stock of fabric cushions have an approximated lead time of 21 working days. Lead times for made to order cushions and bespoke cushions will be quoted individually.
Furniture terms
Lead times
Small tables and stools approximated lead times are 8 weeks. Upholstered furniture has an approximated lead time of 10 weeks.
Custom/Bespoke Furniture
Wherever possible, we are happy to offer furniture with bespoke measurements, finishes and styles. Please note that this can affect the lead times and cost. The standard finish is oak, however where possible, we are able to supply a different finish such as mahogany or walnut. These finishes are bespoke and will have an additional charge that will need to be quoted. Please note, returns or refunds will not be accepted on bespoke orders.
Shipping & Delivery
If it is necessary for Robert Kime to deliver your completed piece, we will provide a packing and shipping quote for your approval before booking with the transport agent. Alternatively, you may arrange your own transport should this be your preference.
Curtain pole & picture railing terms
Lead Times
Curtain pole, picture railing and accessories approximated lead times are 8 weeks.
Colouring
Our metalwork comes in various finishes. Please note that all antiqued items are bespoke and hand- coloured. Whilst we try to maintain consistency within each order, each piece is individual and will continue to age and change colour over time.