1. THESE TERMS
1.1. What these terms cover. These are the terms and conditions on which we supply made to order worktops to you, which are ordered via our website www. geminiworktops.co.uk, including (where applicable) any related delivery and installation services (collectively “Products“).
1.2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the Products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. Who we are. Gemini Worktops is a trading name of J Rotherham Limited a company registered in England and Wales. Our company registration number is 02251907 and our registered office is The Masons Yard, Ash Lane, Melbourne, York, YO42 4SW
2.2. How to contact us. You can contact us by telephoning our customer service team on 0333 360 3800, by emailing us at [email protected] or writing to us at Gemini Worktops, The Masons Yard, Ash Lane, Melbourne, York, YO42 4SW.
2.3. How we may contact you. 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 quote or order.
2.4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1. How we will accept your order. Our acceptance of your order will take place upon receipt of the deposit of a value of £250.00 at which point a contract will come into existence between you and us.
3.2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the Products you have ordered. This might be because the worktops you have ordered (or materials required to make it) are unavailable or out of stock, or because of unexpected limits on the resources we require to fulfil your order. It may also be because we have identified an error in the price or description of the Product you have ordered, or because we are unable to meet a delivery deadline you have specified, or for other reasons.
3.3. Your order number. We will assign an order number upon acceptation of your order. Please keep this number as we will require it whenever you contact us about your order.
3.4. We only sell to the UK. Our website is solely for the promotion of our Products England, Wales and Scotland. Unfortunately, we do not currently accept orders from or deliver to addresses from Northern Ireland or other adresses outside of these areas.
4. OUR PRODUCTS
4.1. What our Products include: Our Products include made to order to measure worktops as well a related (optional) delivery and installation services.
4.2. All our worktops are made to your specification and order: Our worktops are designed by choosing your preferred material, type of edges, etc as well as your required dimensions.
4.3. Our Products are bespoke: Since our worktops are bespoke made to order Products and since they are made from natural materials the images of worktop components and materials on our website are for illustrative purposes only. Although we have made every effort to display the components and colour and texture of materials accurately, we cannot guarantee that such images accurately reflect the colour or texture or appearance of the finished worktop. Your worktop may vary slightly from those images. In addition, although we made every effort to be as accurate as possible, because our Products are bespoke, there may be small differences between any sizes, weights, capacities, dimensions and measurements indicated on our website or stated in your order, to those of the finished Products.
4.4. Our Products may vary from samples: Variations in colour may be an inherent natural characteristic of the Products that we sell and therefore no guarantee can be given that the colour will not vary from the colour of any sample, nor that your worktop will be free from natural marking, veining or fissures.
4.5. Delivery and Installation service: Our standard order includes a template, delivery and installation service which will be included in the price quoted by our sales team. However, if you do not require our template and installation services and wish to opt for delivery only, please let our sales team know and they will deduct the cost of template and installation from your quote. If you choose the delivery only option we will put your worktop into production following receipt of your order and full payment of the Product based on the information you have provided us. We will not undertake a template before we start to manufacture your worktop. We rely on the measurements, plans, specifications, choices and other details you give and it is your responsibility to ensure that all information you have given us is accurate and correct and that the worktop you have chosen is suitable for installation at your site. You are also solely responsible for arranging for the proper installation of the worktop we deliver to you. We will not give refunds for, replace or allow you to reject the worktop which has been supplied to you in accordance with the measurements, plans, specifications, choices and other details you gave us unless the worktop is faulty. You may also choose the Collection only option, if that is the case, please let our sales team know and we will not charge you for delivery. Upon collection of the Product, we will not be liable for any damage of the Product that occurs after collection.
4.6. Accurate measurements of the worktop. We provide you with a Quotation based on the measurements and requirements you give us. You accept that the total price in your Quotation is subject to confirmation following template/site survey and that the total price may vary following template to reflect exact measurements and any other changes to your order that were made during template.
4.7. Validity of the Quotation. Any quotation subject to a promotional offer will be valid for 30 days from its date of issue or, if sooner on the expiry of the promotional offer, unless stated otherwise.
5.1.1 The composition of Gemini Quartz based products means that variances can occur in colour, tonality and particle structure. The performance of the worktops are not in any way diminished because of these variances and therefore any worksurfaces that vary in any aspect to either a sample seen or within the same order will not deemed to be defective.
5.1.2 Due to the composition of the Gemini Quartz materials some of the products offered may exhibit small clusters of dark spots creating a patchy appearance which is not considered a fault.
5.1.3 All worktops will refract light; the quartz within Gemini Worktops’ worktops will do the same but in some light conditions may appear dull or shadowy where the light is hitting. This is inherent of the material and is not deemed as being faulty.
5.1.4. Some of the product range for Gemini Quartz have a mirror chip in the material. These chips are distributed randomly and may not always face the surface. On occasion where the manufacture process cuts through a mirror chip they can be dislodged, on such occasions we will use a resin filler to repair the surface to make it look even and smooth. This is part of the manufacturing process and will not be deemed as defective.
5.2.1. The standard final finish is a 360 grit, (it leaves the factory with a 360 grit finish and then Gemini Worktops apply a final finish once the tops are in situ). The 360 grit finish is a matt finish and helps to prevent the appearance of marks and scratches on the surface. The darker acrylic products will show wear and tear, scratches and marking more than the lighter colours.
5.2.2 The joins in Gemini Solid Surface worktops will be over 3000mm in length and 760mm wide but will be inconspicuous. The joints will not be seamless or invisible.
5.2.3. Straight Upstands; If upstands are required these can only be manufactured in straight lines, therefore if they are fixed back to a wall that is not straight and true gaps will be evident in places which should be filled using decorators caulk.
5.2.4. Coved Upstands; Where coved upstands are specified, these are fabricated in Gemini Worktops’ factory and are fitted to the back of the worktops in the factory and will be fitted so that they run in a straight line. Gemini Worktops cannot fabricate and install curved upstands or upstands that are scribed to the wall. This will mean that there will be gaps at the back of the upstands which will require filling with decorators caulk. The size of the gap will be dependent on how true the walls are compared to the upstands. There is a minimum requirement to leave 1.5mm expansion gaps against all walls.
5.2.5 Thermal Insulation tape is included around hob cut outs as to standard to prevent heat conduction through the surface.
6. YOUR RIGHTS TO MAKE CHANGES
6.1. When you can make changes to your order: Once you have submitted your order, it is possible to make changes which are necessary as a consequence of the findings of the template we undertake before putting your worktop into production, or which are requested prior to, or when the template takes place. However, once you have confirmed the details of your final order following the template, your worktop will be put into production and it will not thereafter be possible to change your order.
6.2. How to request changes to your order: If you wish to make a change to the Product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Products, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
7. OUR RIGHTS TO MAKE CHANGES
7.1. Minor changes to the Products: We may make small changes to the Products you have ordered:
7.1.1. to reflect any findings occurred during a template. For example, we may make small adjustments to the dimensions given in your original order.
7.1.2. to reflect changes in relevant laws and regulatory requirements; and
7.1.3. to implement minor technical adjustments and improvements to any Product.
7.1.4. More significant changes to the Products: We may need to make more significant changes to the Product you have ordered as a result of a template .However, if we need to do this we will notify you and you will then be asked to confirm whether you wish to proceed with the amended Product order.
8. template of your worktop
8.1. Booking your template date: Once you are happy with the quotation we have sent you and paid the £250.00 deposit, we will contact you to book a template date. We will do our best to accommodate your preferred template appointment date. However, appointment dates are subject to availability in our diary system. In addition, we sometimes need to change appointment dates due the non-availability of our template teams or factors beyond our control. If, for any reason, we need to change your template date after you have placed your order, we will contact you to agree a new template date.
8.2. Confirming or changing your template appointment: Once the template appointment is booked, we will confirm in writing the details of your appointment. If you need to change the date of your template appointment, please notify us as soon as possible and at least 24 hours before your template appointment date Otherwise you will be charge £150.00 to re-arrange a template date.
8.3. Cancelling your template: If you change your mind and cancel your order at least 48 hours prior to template, we will refund your deposit in full. A fee of £150.00 will be charged if you cancel within 48 hours of the template appointment.
8.4. After the Template: Following the template, we will send you a final price that will reflect any additions you may have chosen or any findings occurred during template. You must check the details carefully to ensure they are correct. If you are happy with the final price and confirm to us that you wish to proceed with your order and for your worktop to be put into production, you will be required make payment of the remaining balance of your order. If you do not wish to proceed with your order after template, we will cancel your order however your deposit will not be refunded.
8.5.Aborting template: If your template has to be aborted due to kitchen not being ready a fee of £150.00 will be charged on the account. If a template is aborted due to old worktops not being removed a fee of £150.00 will be charged on your account.
9. DELIVERy AND INSTALLATION of YOUR worktop
9.1. Delivery and installation costs. We will both deliver and install your worktop and so the costs of delivery and installation will be included in the total price given to you when you place your order. We will contact you after your template has been completed to arrange a delivery and installation date. Please note that if you do not require our installation services, you will be responsible for installation of your worktop.
9.2 Delivery date: We will always do our best to accommodate your preferred delivery and (if applicable) installation date. However, delivery and (if applicable) installation dates are subject to availability in our diary system. In addition, we sometimes may need to change delivery and installation dates due the non-availability of personnel or factors beyond our control. If, for any reason, we need to change your delivery and/ or installation date we will contact you to agree a new date. Provided we do this we will not be liable for delays to delivery and/ or installation caused by events beyond our reasonable control.
9.3. Your responsibilities in relation to delivery and installation: For delivery and installation, you must ensure that somebody is at your premises on any agreed date and that we are able to access the property to complete delivery and installation. You must also ensure that the premises are prepared for installation of your worktop. Our template and installation guidelines will be sent to you via email when we book your template appointment.
9.4. If we are not able to deliver your worktop: If no one is available at your address to take delivery of your worktop, we will notify you informing you of how to rearrange delivery and (if applicable) installation. If you do not rearrange delivery, we will contact you for further instructions and may charge you for storage costs and any further delivery and (if applicable) installation costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and clause 12 will apply.
9.5. If we are unable to install your worktop: If we are able to deliver your worktop, but we are unable to install it due to some failing on your part, we may charge you additional costs incurred by us as a result.
9.6. Reasons we may suspend the supply of Products to you. We may have to suspend the supply of a Product to:
9.6.1. deal with technical problems or make minor technical changes;
9.6.2. update the product to reflect changes in relevant laws and regulatory requirements;
9.6.3. make changes to the Products as requested by you or notified by us to you (see clause 5).
9.9. Your rights if we suspend the supply of Products. We will contact you in advance to tell you we will be suspending supply of the Product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than one (1) month and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
9.10. We may also suspend supply of the Products if you do not pay. If you do not pay us for the Products when you are supposed to (see clause 13.3) and you still do not make payment within fourteen (14) days of us reminding you that payment is due, we may suspend supply of the Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products.
10.if you change your mind ABOUT YOUR ORDER
10.1. If you change your mind about the Product prior to template. If you change your mind and cancel your order at least 48 hours prior to template, we will refund your deposit in full. A fee of £150.00 will be charged if you cancel beyond the 48-hour cut-off period.
10.2. If you change your mind about the Product following template but prior to confirming your order. If you change your mind about the Product following the template appointment and wish not to proceed with your order, we will cancel your order however your deposit will not be refunded
10.3 Once you have confirmed that you are happy for us to proceed with your order and the remaining balance of price has been paid, it is no longer possible to cancel your order unless we agree to this.
10.4. How to end your contract with us if you change your mind: If you wish to end your contract with us as permitted above, you must let us know as soon as possible by contacting us on 0333 360 3800 or email us at [email protected] Please provide your name, home address, details of the order an, your phone number and email address.
11. YOUR RIGHTS IF THERE IS A PROBLEM WITH THE PRODUCT
11.1. Summary of your legal rights. We are under a legal duty to supply Products that are in conformity with this contract. If you want detailed information about your key legal rights, please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
11.2 If the Products you have bought are faulty, you may have a legal right to end the contract (or to get the Product repaired or replaced or to get some or all your money back).
11.3. How to tell us about problems. If you have any questions or complaints about the Product you have purchased, please contact us on 0333 360 3800 or email us at [email protected] Please provide your name, home address, details of the order and, where available, your phone number and email address.
12.1 Gemini Worktops warrants that:
12.1.1. The Products shall be supplied in accordance with the terms of the order; and
12.1.2. The Products will on delivery, be free from material defects in design, material or workmanship; and
12.1.3. The Products will be provided using reasonable skill and care.
12.2 In case of any problems with the Products, we shall, at our option, either repair or replace any defective Products which are not in conformance with the warranties above, or re-perform any defective Products which are not in conformance with the warranties above, or refund the price paid for any such defective Products, provided that:
12.2.1. You give us notice in writing within a reasonable time of discovery that the Products do not comply with the warranties set out above;
12.2.3 We are given a reasonable opportunity of examining any such Products; and
12.2.4. you (if asked to do so by us) return any such Products to Gemini Worktops’ place of business.
12.3. We shall not be liable for the failure of any Products to comply with the warranties above if:
12.3.1. the defect arises because you have failed to comply with the terms of this order;
12.3.2. the defect arises because you have failed to comply with or follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Products;
12.3.3. We have expressly stated that the defect in question should not be regarded as a defect or fault;
12.3.4. the defect arises as a result of us following any drawing, design, specification or instructions supplied by you;
12.3.5. You (or any third party) alters or repairs such Products without our written consent;
12.3.6. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions; or
12.3.7. the Products were not supplied in accordance with the terms of the order as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
12.4. Except as provided in this clause 12 we shall have no liability to you in respect of any failure if the Products do not comply with the warranties set out above
12.5. The terms of these conditions shall apply to any repaired or replacement Products supplied by us pursuant to this clause 12 or otherwise.
13. CARE AND MAINTENANCE
The care and maintenance guidelines for all our Products are available on our website. These guidelines must be adhered to if the worktops are to remain in a pristine condition over time. Gemini Worktops will accept no responsibility or consider any remedial work if these guidelines have not been followed.
14. YOUR OBLIGATION TO RETURN REJECTED PRODUCTS
If you wish to exercise your legal rights to reject products, we may require you to return the Products to us or to allow us to collect it. We will discuss this with you when you notify us of a problem.
15. OUR RIGHTS TO END THE CONTRACT
15.1. We may end the contract if at any time by contacting you if:
15.1.1. you do not make any payment to us when it is due and you still do not make payment within fourteen (14) days of us reminding you that payment is due;
15.1.2. you have placed an order and you do not, within a reasonable time, allow us to access your premises to deliver the Products, carry out a template and/ or to install your Product
15.2. If we end the contract in the situations set out in clause 12.1 we will refund any money you have paid in advance for the Products we have not provided but we may deduct or charge you a reasonable amount to cover the following:
15.2.1. any costs we have already incurred in carrying out a template before the contract is bought to an end; and/ or
15.2.2. any costs we have incurred in attempting to visit your premises to carry out a template or to deliver or install the Products, where we are unable to carry out the template or to deliver or install goods;
15.2.3. any costs we incur in storing Products where we have been unable to deliver them to you; and/ or
15.2.4. the cost or wasted labour and materials if the contract is ended after we have commenced production of your worktop; and/ or
15.2.5. any other costs we have incurred (or will incur) as a result of your breaking the contract.
15.3. We may end the contract following a template: We may cancel our contract with you if our template team concludes after carrying our template, that we are unable to supply a suitable product for installation at your premises, which meets your requirements. If we end the contract in this situation, we will retain the deposit you paid on placing your order as this is calculated to reflect our reasonable costs incurred in preparing for and carrying out the survey.
16. PRICE AND PAYMENT
16.1. Where to find the price for the Products. The price of the Products (which includes VAT) will be the price indicated on the order confirmation when you placed your order. We take reasonable care to ensure that the price of the Products advised to you is correct. However please it is possible that despite our best efforts, the Products may be incorrectly priced.
16.2. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Products’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Products’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Products provided to you.
16.3. When you must pay and how you must pay. If you are happy with the quote provided and wish to proceed with your order, we will take a £250.00 deposit from you to secure the template appointment. The cost of the deposit is calculated to reflect our reasonable costs in undertaking the template. After we have completed the template you will then be sent further confirmation of your order (including any modifications of the order arising from the template) and asked whether you wish to proceed with the order. If you do wish to proceed with the order you will be asked to confirm this and to pay the remaining balance of the price for your Products in order for us to proceed with your order and book an installation appointment. Payment can be made by bank transfer or over the phone to our sales team. We accept payment with all major debit and credit cards.
17. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
17.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are 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 we and you knew it might happen, for example, if you discussed it with us during the sales process.
17.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability: (i) for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; (ii) for fraud or fraudulent misrepresentation; (iii) for breach of your legal rights in relation to the Products including the right to receive the Products which are: a) as described to you; b) of satisfactory quality; c) fit for any particular purpose made known to us; d) supplied with reasonable skill and care and, where installed by us, correctly installed; and e) for defective products under the Consumer Protection Act 1987.
17.3. When we are liable for damage to your property. If we are responsible for providing services (such as template and installation) 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 these services.
17.4. We are not liable for business losses. We only supply the Products via this website for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
18. HOW WE MAY USE YOUR PERSONAL INFORMATION
18.1. How we will use your personal information. We will use the personal information you provide to us:
18.1.1. to supply the Products to you;
18.1.2. to process your payment for the Products; and
18.1.3. if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
18.2. We never share information with third parties. We will only give your personal information to third parties where the law either requires or allows us to do so.
19. OTHER IMPORTANT TERMS
19.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
19.2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, if we give any guarantee in relation to any Product you have purchased, you may transfer our guarantee to a person who has acquired the Product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
19.3. Nobody else has any rights under this contract (except someone you pass a guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 16.2 in respect of any guarantee we give in relation to a Product. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
19.4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
19.5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
19.6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.
19.7. Updates to these terms and conditions. We may revise these terms and conditions from time to time. The terms and conditions which will apply to your contract with us will be the terms and conditions which were in force at the time that you placed your order with us. Please check these terms and conditions each time you place an order with us. These terms and conditions were last updated on 14 July 2021.