deTerra Terms and Conditions - Consumer
Got a craving for some insight into those all important terms and conditions? Good news: you've come to the right place!
The deTerra terms below are perfect if you are a consumer, so feel free to get reading. However, for all business purchases or for goods purchased in the course of trade, check out our trade terms and conditions page.
To get the lowdown on our cracking competitions - don't worry, the rules are simple! - please visit the competition terms and conditions page.
In this Agreement:
the "Agreement" means the Terms and Conditions set out below; "you" or the "Customer" means any person who places an Order with deTerra (either as an individual consumer or in the course of trade/business); "Order" means any request or Order to purchase the Goods; the "Parties" refers to the Customer and deTerra; the "Goods" means any item sold or supplied by deTerra; "Installation" means the process of fitting the Goods supplied by deTerra; "Property" means property in the possession of the Customer; and "deTerra" "deterra-kitchens.co.uk" "we" or "the company" means the company operating under the deTerra trading name (Direct Online Services LTD), which is registered in England and Wales with company number 06006619. Direct Online Service Ltd's registered office address is Brearley Court, Baird Road, Quedgeley, Gloucestershire, GL2 2AF, United Kingdom.
Online Ordering Process: The Facts
Online ordering can seem a bit scary, so we understand that customers may need some extra reassurance.
Please feel safe in the knowledge that ordering online with deTerra is extremely secure. We work with Geotrust to provide 256-bit encryption on all confidential information processed on our server. A TLS connection is used.
Ordering online is quick and easy. Simply add items to the basket and follow the instructions given; these will lead you through the ordering process. When it's time for payment, the presence of SSL means that you can feel secure in the knowledge that communications (such as card numbers) between your browser and this website are private and protected. We do not store card details. Once an order is placed the relevant card details are destroyed in an irrevocable and untraceable format.
On placing an order with deTerra (www.deterra-kitchens.co.uk), you consent to our terms of sale. This also constitutes an offer to buy goods. Once the order has been received by us we will send an acknowledgement of this via electronic mail. We will then contact you again to confirm acceptance of the order once price and availability of the ordered goods has been verified. A contract will be made between the 'customer' and 'deterra-kitchens.co.uk', after which the order will be put into production. At this point, any changes or amendments can only be made within one working day, after which additional costs will ensue. A VAT Invoice will be sent via email once the order has been dispatched.
In the unlikely event that the goods ordered are no longer available or there is a pricing mistake, we will advise accordingly. Should this occur, no contract will be forged between us.
Items will be charged at the price displayed on our product pages on the date the order is placed. All prices are inclusive of VAT. Errors and omissions are excepted. In the event of any unexpected price change, we will contact you and ask if you wish to proceed.
Please note: we run regular sales and promotions. If an end date for a sale is advertised this date is not explicit, and we reserve the right to extend the sale at our discretion.
The risk in the goods shall pass to the customer on delivery and title shall pass upon receipt by us of payment in full and cleared funds.
As stipulated by the Consumer Rights Act 2015, customers who are consumers (i.e. individuals ordering for private use rather than in the course of trade - please click here for our trade terms and conditions) have the right to return standard sized goods that have not been subject to any additional services (such as pre-oiling).
In accordance with the Consumer Rights Act 2015, consumers are able to cancel the purchase contract for any item(s) within fourteen calendar days. This fourteen calendar day period commences on the day after the day on which item(s) are delivered.
Any and all cancellation requests must be made within the seven working day timeframe. Customer returns must be agreed by both parties before the goods are returned. The customer is responsible for ensuring that the cancellation request has reached deTerra. If the customer has made a cancellation request and does not receive a confirmation of receipt in the allotted time, he/she must contact deTerra immediately.
Once the cancellation request has been received and agreed, deTerra will arrange to collect the items (the whole order) and give a full refund. The customer will be responsible for any collection costs, except in instances where the supplied goods are deemed to be faulty, or if goods have been supplied in error by the seller or misdescribed).
The collection charge will be equal to or greater than £50, and this will be confirmed by deTerra when arranging collection. Please note that deTerra are under no obligation to offer a collection service in the instance of cancellation. Under no circumstances will said collection fees be waived. If the customer prefers, he/she may arrange transportation independently at his/her own cost. The customer will be responsible for all costs involved in transporting all goods back to the address specified by deTerra. Customer returns must be agreed in writing or by electronic mail by both parties before the goods are returned. Any refunds for returned items will be processed within 14 days (from notice of cancellation, or in the case where goods are to be returned, within 14 days of receipt of the goods in suitable condition).
Please note that - as stipulated by The Consumer Rights Act 2015 - if your goods are faulty you have 30 days to request a full refund.
The exception to this right of cancellation for consumers is bespoke items.
Customers may cancel the purchase contract for any goods that have been subject to bespoke works by www.deterra-kitchens.co.uk, provided that the request is made within one working day of the order being placed. The consumer waives the right to cancel an order for bespoke goods after this time. Such goods include - but are not limited to - those that are subject to fabrication and the hand-finished service for all items (this applies to all painted items - such as doors - whether the colour chosen is a standard or bespoke shade; all doors are individually selected, batch matched and then painted to order). Orders for items that have been subject to our pre-assembly service are also deemed 'bespoke' (as all cabinets are built to order) and may not be cancelled.
The aforementioned right of cancellation applies strictly to consumers and not to anybody ordering goods in the course of a business or trade. We reserve the right to recover any amount, up to the full contract price, in cases where the value of the returned goods has been diminished as a result of unreasonable care.
To make a cancellation, please use the text suggested in the 'model cancellation' form below:
MODEL CANCELLATION FORM
To Direct Online Services LTD,
Returns Department, Brearley Court, Baird Road, Waterwells, Quedgeley, Gloucestershire, GL2 2AF
Fax: 0845 22 22 688 Email:
[I / We]* hereby give notice that [I / We]* cancel [my / our contract]* of [sale of the following goods / For Supply of the following service]*, Ordered on [Insert Order Date Here]*,
[Name of consumer(s)]
[Order Number of consumer(s)]
[Address of consumer(s)]
[Signature of consumer(s)]
*Delete as appropriate.
Provided that deTerra are notified within two working days of the customer's discovery of any faults or defects, and provided that customers take all reasonable measures to ensure that the affected items do not deteriorate further, we will exchange or repair such. Please note that Saturdays, Sundays and Bank Holidays are not classed as working days.
deTerra do not accept any responsibility for defects arising from accidental damage, misuse, non-adherence to our installation and aftercare instructions, other negligent actions by the customer/installers appointed by the customer, or reasonable wear and tear. For further information on what constitutes a fault or defect, and for further information regarding our liability to you, please see the "Essentials" and "Our Liability" sections below.
Cancellation or Return Requests
All cancellation/return requests must be made in writing via electronic mail within the stated timeframe. All return items should be carefully repackaged as originally supplied if possible (for example, shrink-wrapped and factory packaged worktops should be returned unopened).
deTerra strive to offer a great service to our valued customers. If a complaint is made we will do our best to respond decisively within one working day. During busy periods our response time might be extended to five working days (please be advised that Saturdays, Sundays and Bank Holidays are not classed as working days). Please be assured that your complaint will be handled fairly and in absolute confidence.
Terms of Delivery
We're pretty fond of our in-house delivery service, so most orders get sent out with our own teams. Since they don't cover all of the UK, we sometimes use external couriers so we can make sure our deliveries reach as far and wide as possible. Our terms and conditions are listed below so you can make sure you're happy before you place your order.
Deliveries with the deTerra fleet will be made by a two man team who will carry the goods to a ground floor room of the customer's choosing. The customer will be given a three hour timeslot but should there be a delay due to instances outside of our control - like heavy or unforeseen traffic - we cannot accept any responsibility.
Please note that it is the customer's responsibility to ensure that there is a clear passageway from the entrance of the property to the ground floor room of choice. Both the delivery team and the items must fit safely at all times (please bear in mind that the items can be quite large on occasion!). If there are any obstructions and these can be moved, it is the customer's responsibility to undertake the necessary action. However, if there are obstructions in place and these cannot be removed, the delivery team are entitled to leave the goods at the nearest, safest, and most easily accessible point. Do also bear in mind that the delivery team will be carrying worktops from outside into the property, and for health and safety reasons their shoes cannot be removed; therefore, if there are floorings or carpet which will need to be protected, suitable coverings should be laid by the customer prior to the arrival of the delivery team. If the thoroughfare is not clear and any part of the customer's property or possessions is damaged as a result of this insufficient/unclear access (including the flooring), deTerra cannot accept any responsibility. Should a customer believe that damage has been inflicted upon any part of his/her property, it is the customer's responsibility to alert deTerra via electronic mail within two working days.
The delivery note must be signed on receipt. This item is a legal document and constitutes the only admissible proof that delivery has been made to you without any loss or damage.
All goods must be inspected in the presence of the delivery driver and any loss or damage recorded clearly on the delivery note. If there is any damage, confirmation must be sent in writing via electronic mail to deTerra within two days of receipt (Saturdays, Sundays and Bank Holiday are not classed as working days). Claims for loss or damage cannot be made after this time and if these guidelines are not adhered to. Once the delivery note has been signed, responsibility for the goods transfers to the customer and thus any subsequent loss, destruction of and damage to the goods. Once received, we recommend that the entirety of orders are checked by the customer. In the event that one or more items are missing, please report this to us at the earliest convenience, and within seven days of receipt.
Should there be a failed delivery due to the customer not being present at the property on the scheduled delivery date, the customer will be liable for any charges incurred for the return and re-delivery of their items. Please note that if a 'Free Delivery' promotion applies to the order, this will only be applicable for the first delivery attempt; subsequent deliveries will be charged at the full rate.
Accessory Delivery Service
This is a signed for, external one man courier service with different timeslot options for the customer to choose from (next day, next day pre-noon, next day pre-10am etc).
Someone must be present at the property during the allotted time slot to receive the delivery. If delivery is unsuccessful due to the customer not being at the property on the scheduled delivery date, the customer is liable for all costs, charges and fees incurred in returning or storing the undelivered shipment.
The delivery note must be signed on receipt. This item is a legal document and constitutes the only admissible proof that delivery has been made to you without any loss or damage.
All goods must be inspected in the presence of the delivery driver and any loss or damage recorded clearly on the delivery note. If there is any damage, confirmation must be sent in writing via electronic mail to deTerra within two days of receipt (Saturdays, Sundays and Bank Holiday are not classed as working days). Claims for loss or damage cannot be made after this time and if these guidelines are not adhered to. Once the delivery note has been signed, responsibility for the goods transfers to the customer and thus any subsequent loss, destruction of and damage to the goods.
Change to Delivery Date
We must be informed of any requested delivery date changes at least five working days in advance, where an order contains kitchen cabinets. Once items have been assembled, delivery must be made to the customers' address within 28 days or additional fees will be charged to the customer. For smaller items, the final cut-off point for changes to delivery date is 12:00 noon prior to the working day of despatch (i.e. 12:00 noon on Friday morning if the goods are to be delivered on Monday).
It is the customer's responsibility to make contact with deTerra to rearrange delivery within this time-period. This request must be made in writing via electronic mail. For a delivery date change to be deemed successful, the customer must receive confirmation that the request has been received by deTerra. Should the customer fail to receive confirmation of new delivery date from deTerra, he/she should assume that the original delivery date stands.
deTerra will make every effort to re-arrange delivery if the customer requests a date change, but cannot guarantee this.
If the customer does not rearrange delivery with deTerra before the specified cut-off point, the customer bears the full responsibility of any delay or surcharges caused by an unsuccessful delivery attempt.
If a figure is given - either on this website or via any other medium - regarding the number of orders that have been delivered, this may concern the total number of orders delivered by the limited company (rather than the deTerra brand).
Contracts that involve our fabrication service cannot be cancelled.
If a customer is interested in using this service, deTerra will compose a formal quotation outlining the proposed fabrication. Once this quotation has been accepted by the customer and confirmed, an order can be placed and payment processed. Once payment has been processed a contract the customer accepts our terms of sale and a contract is created between the customer and deTerra.
The customer's requirements will have been discussed and a diagram will be created accordingly. This will be sent via electronic mail. The worktops will be prepared but no machining will be completed until the customer responds via electronic mail to confirm the suitability of the diagram. The customer accepts full responsibility for ensuring that the dimensions and materials quoted within this diagram are correct for the intended use. deTerra can accept no liability if any information contained within the diagram is found to be incorrect after customer confirmation has been received.
The fabrication lead-time quoted by deTerra at the start of the order will not apply until diagram confirmation is supplied by the customer. Please note that it is the customer's responsibility to supply the necessary confirmation in a timely fashion. Should confirmation not be received within a reasonable period of time, deTerra reserve the right to delay delivery.
No changes can be made to the order once the diagram has been confirmed by the customer. However, should an error be noticed by the customer after this cut-off point, the customer should make contact with deTerra urgently. We will consider any amendment requests but can make no guarantee that these will be accommodated.
Cancellation of Bespoke Orders
Once a contract has been created bespoke cutting orders cannot be cancelled. This applies even if the goods have not yet been despatched. At deTerra's discretion, in certain circumstances we may allow a cancellation however this will only be considered if the goods have not yet been subject to any bespoke works. We make no guarantee to consider any such requests. In the event of an agreed cancellation, deTerra will refund the order in full but reserve the right to charge an amount (no less than £50.00) in recompense for aspects of the service that have already been completed. deTerra reserve the right to offer or withdraw this option.
It must also be noted that the consumer's statutory right of cancellation does not apply to orders that are painted, built to order (via our pre-assembly service), made to measure or in any way cut or altered to your requirements.
Delivery of Bespoke Orders
deTerra will make all reasonable endeavours to deliver any bespoke items within the time-frame quoted at point of order. However, due to the custom manufacturing process of any goods made specifically to the customer's required size or thickness, the lead time for bespoke items may be delayed slightly and time shall not be of the essence in respect of any specified delivery or installation dates. As such we recommend that all of our customers allow an additional 28 days in the event of any unforeseen delays.
This extended lead-time does not affect items altered in our fabrication service; this relates to bespoke manufactured items only (such as extra thick or extra wide items that are clearly labelled as "bespoke").
Fabrication Orders: Returns
deTerra will arrange to repair or replace items in the unlikely event that fabricated or custom goods are found not to have been produced to the agreed specification (please note that this condition is subject to the provisions set out in the previous 'Returns' section). deTerra may need to collect said items in order to carry out repairs, should these be necessary. This work will be completed as soon as is practicable.
Please note that all works have a + / - 3 millimetre tolerance.
Payments for your deTerra kitchen can be made via credit card, debit card or Paypal. If you'd like to pay by cheque, these must be made payable to Direct Online Services for the full amount with the applicable order number clearly printed on the rear; corresponding orders will not be delivered until the cheque has cleared. Unfortunately cash payments can only be accepted for orders totalling £500 or less (including any delivery costs).
Receiving Your Goods
deTerra will make every effort to supply orders in a timely, accurate fashion. However on rare occasions - due to matters out of our control such as poor handling in transit or extreme weather - the entire order may not arrive in the intended condition on the initial agreed delivery date. As such, we strongly recommend that the hiring of trades is not completed until the goods have arrived satisfactorily. We would also recommend leaving any fittings in their existing positions until receipt of all items. deTerra cannot accept responsibility for any fees or losses caused by deliveries that are not delivered on the initial date but still delivered within a reasonable time-frame. Should a delay in delivery occur - which is very unlikely - we will do everything possible to rectify any issues as quickly as possible.
deTerra advises that all goods should be checked carefully on arrival and any damage reported immediately (please see our 'Cancellations' section for more information on our returns procedure). Any works that are carried out involving any of the goods received - such as cutting, oiling, or any processes that alter the item from its original condition - constitutes acceptance of these products. Any defects or faults reported after the event of successful delivery (i.e. after the delivery note has been signed for) will be deemed to have been caused by the customer. deTerra cannot accept responsibility for any fault or damage caused by negligent installation or treatment (such as a failure to comply with our installation and aftercare guidance). The customer will bear the responsibility for such occurrences.
If an issue arises after a product has been received, please contact deTerra immediately. Do not attempt to fix the problem yourself. We will be unable to accept a return of items if alterations have been made without seeking our consent. Furthermore if goods have been altered without prior consent this may invalidate the manufacturer's warranty.
It should be noted that deTerra do not agree to contract terms stating that 'time is of the essence'.
A manufacturing tolerance of +/-2mm applies to solid wood staves. Additionally, due to natural timber variations, the stave width of our full stave worktops can vary by +/-10mm, and the stave width of our deluxe worktops can vary by +/-5mm. Due to the manufacturing tolerances mentioned, each complete worktop may include one stave of a reduced width at one edge (in order to adhere to the advertised worktop width).
deTerra advise strongly that customers inform us at the point of order if worktops are to be joined end-to-end, if a worktop is being matched to another worktop, or a previous purchase; this is so that we can attempt to match the worktops as closely as possible.
We inspect all items carefully during the manufacturing process, paying particular attention to natural imperfections. The vast majority of all such imperfections are removed from the surface of our solid wood worktops, excepting those that are absolutely necessary to retain the character and integrity of the timber. Small natural imperfections are therefore deemed acceptable and the customer agrees that minor shakes and small sound knots - those which do not affect the performance of the worktop - are acceptable and do not constitute faults or defects. Occasionally a larger natural imperfection may be visible on the underside of the worktop; the customer agrees that these shall not constitute faults or defects so long as structural rigidity is unaffected.
deTerra will always attempt to colour match goods ordered on a multiple basis. However, wood is a natural material and we cannot guarantee replication of colour from piece to piece. We also cannot guarantee the colour accuracy of certain goods. This is due to the organic nature of the solid wood products we supply and the nature of the image reproduction process.
deTerra employ rigorous and detailed procedures to reduce the moisture content of the timber before manufacture. We accept the cost of this in order to improve quality. However gradual movement of the timber due to natural contraction and expansion cannot be prevented. Small cracks may appear after installation (a few millimetres in width). The customer agrees that this is acceptable as a standard condition of timber and does not constitute a fault or defect. Any movement is a natural characteristic and the customer accepts that this does not constitute a fault or defect. The customer also accepts that any minor cracks do not constitute faults or defects (these can be filled easily with a wax filler if necessary).
It should be noted that stave widths, colours, lengths and appearance can vary from timber to timber (and piece to piece). Any supplied imagery or sample products should therefore be treated as approximate.
The customer will receive considerable documentation from deTerra regarding installation and maintenance, and agrees that any deviation from or failure to adhere to these guidelines constitutes full acceptance of responsibility for any subsequent faults or defects.
The deTerra installation/maintenance documents contain various important guidelines, including:
- Advice on finishing: solid wood worktops should be finished with Rustins Danish Oil.
- Overhang: maximum unsupported overhang recommended for a 620mm wide worktop is 200mm. For a larger worktop, please calculate the measurement on a pro-rata basis [i.e. a 960mm worktop is approximately 55% larger than a 620mm worktop, and thus the recommended maximum unsupported overhang is 110mm). If a larger overhang is required, please consult us. We may recommend the utilisation of a suitable support leg(s).
deTerra can accept no responsibility for product issues when products have been installed or maintained incorrectly, oiled too infrequently, or generally mishandled.
If you have purchased painted doors and would like to re-finish these in future, please note that our recommended option is Farrow & Ball's Exterior Eggshell collection. All references to Farrow & Ball paint on the deTerra Kitchens website refer to this specific paint type.
It should be noted that all goods that are supplied unfinished (sanded or otherwise) need to be treated with a suitable sealant prior to installation or warranty will be void.
All items except kitchen units (carcases only) are provided with a full 6 month manufacturer's warranty (this includes worktops, doors, plinths, and accessories).
Solid wood kitchen carcases purchased from deTerra come with full 5 year manufacturer's warranty.
In the unlikely event that problems occur with any aspect of your cabinet(s) within 5 years of the purchase date, we will arrange a convenient time to inspect the goods. If the part in question is deemed defective (provided that the goods have not been installed/maintained incorrectly/not in adherence with our installation/maintenance guidelines, or subject to any maltreatment) we will organise a replacement part, free of charge.
For all other items, in the unlikely event of a defect in manufacturing or raw material, we will replace the faulty item/part (this will be assessed on a case by case basis). Please consult our returns section for more information on replacements.
Consumers have legal rights in relation to goods that are faulty or not as described. If you would like advice on such, please contact your local Citizens' Advice Bureau or Trading Standards office.
If you are a consumer, the following warranty is in addition to your statutory rights. Your legal rights are not affected by these terms and conditions.
We warrant that on delivery the goods you have ordered shall:
- be free from material defects in material, design and workmanship; and
- conform in all material respects with the agreed specification
You accept that for the purposes of this section, natural imperfections, cracks resulting from organic expansion and contraction, and small variations in the colour and size of the goods shall not be non-conformities or material defects due to the nature of the goods, being goods manufactured from natural timber. Equally you agree that you shall treat all images and samples provided to you by us as relative guides only, as stave widths, lengths, colours and appearance can vary from one item to the next. Natural products cannot be replicated uniformly, and as a result we offer a sale by description service, and not sale by sample. You agree that you have read and understood the "Essential Information" section above.
If you confirm, in writing, within 24 hours of delivery and prior to installation (in the case of non-conformities or defects apparent on reasonably careful visual inspection) and otherwise within 24 hours of discovery (in the case of latent non-conformities or defects) that some or all of the goods we have supplied do not comply with the warranty detailed above and we are given a reasonable opportunity to examine the goods and (if asked to do so) you return the goods to us at your cost (for the avoidance of doubt, if the goods are found to be faulty or defective then such costs shall be reimbursed), then we shall (at our option) make repairs to or replace the defective goods, or refund the price of the defective goods, subject to the following.
We shall not be liable for the goods' failure to comply with the warranty set out above if any of the following are applicable:
- if you make any further use of such goods after giving notice of a defect;
- if the defect arises as a result of us following any drawing, design or specification supplied by you;
- if the defect arises because you did not adhere to our installation and aftercare instructions and good trade practices as to the storage, installation, use and maintenance of the goods;
- if the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions;
- if you have altered or repaired such goods without our written consent; or
- if the goods differ from the agreed specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
Nothing in these terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- breach of the terms implied by section 12 of the Sale of Goods Act 1979;
- fraud or fraudulent misrepresentation; or
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
Subject to this:
- under absolutely no circumstances will we be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with these terms and conditions; and
- as we are supplying the goods to you for domestic and private use, you agree not to use the goods for any commercial, business, or re-sale purpose. Furthermore we shall have no liability to you for any profit loss, loss of business, business interruption, or loss of business opportunity.
deTerra will not be liable for any failure or delay in performing our obligations under these terms and conditions to the extent that such failure or delay is caused by any event beyond our reasonable control, including: strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
A waiver of any right or remedy under these terms and conditions is only effective if detailed in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy stipulated under these terms and conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it inhibit or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prohibit or restrict the further exercise of that or any other right or remedy.
If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be excluded. The validity and enforceability of the other provisions of these terms and conditions shall not be affected.
Governing law and jurisdiction
These terms and conditions, and any dispute or claim arising out of or in connection with them or their 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 and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
Privacy and Security
For our privacy terms and conditions, along with security and unsubscribe information, please view our privacy page.
If users would like to remove their information from the deTerra database, the following options are available: