Please read these terms and conditions (“the Terms”) carefully. By entering our Website, you are deemed to have accepted our conditions of use as set out in the Terms, including the disclaimers which are set out in paragraph 3 below.

Introduction

1.1 This website, www.KitchensForSale.com (“the Website”) is owned and operated by Kitchens For Sale Ltd (“us,” “we”), a limited company, registered in Scotland (number SC306038) whose registered office is at 16 St Marys Street, Edinburgh, EH1 1SU.

1.2 From time to time, we may modify these Terms. Accordingly, please continue to review these Terms whenever accessing or using the Website. If at any time you do not agree or consent to the Terms, you may not use the Website. Please print off and retain the Terms for your records.

Use of the Website

2.1 We reserve the right at any time to remove, screen or edit any materials or content on the Website at our sole discretion without prior notice and without there being any liability on our part. You further accept that such changes may result in your being unable to access the Website or part of it. We may have to suspend the Website from time to time to carry out maintenance and to make upgrades.

2.2 You agree not to do or cause to be done anything which might interfere with the proper working of the Website.

2.3 You undertake not to copy, store in any medium (including in any other website), distribute, transmit, re-transmit, broadcast, modify, or show in public any part of the Website (save for these Terms) without our prior written permission.

2.4 You agree to use the Website only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party.

2.5 If we invite you to submit any contribution to the Website (including without limitation any text, graphics, video or audio) you acknowledge that, save as otherwise agreed, by making such a submission, you grant us a perpetual, royalty-free, non-exclusive, sublicenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in such content. If you do not wish to grant us such rights you must not submit your contribution us. By submitting your contribution to this Website, you warrant that such contribution is:

2.5.1 your own original work and that you have the right to make it available to us for all the purposes specified above;

2.5.2 not defamatory; and

2.5.3 does not infringe any law.

2.6 You agree to indemnify us against all legal fees, damages and other expenses that may be incurred by us as a result of your breach of the warranties in clause 2.5. You agree to waive any moral rights in your contribution for the purposes of its submission to and publication on the Website and the other purposes specified above.

2.7 Advertisers Only – We shall provide you with a confidential username and password to enable you to access parts of the Website. You must maintain the confidentiality of your username and password and must reveal them to no one. You must immediately notify us if you know or suspect that your username and/or password have been disclosed to any other person.

Disclaimers

3.1 Unless otherwise specified, the materials on this Website are directed solely at those who access this Website from the United Kingdom mainland. We make no representation that anything referred to in the materials on this Website is appropriate for use, or available, in other locations. Those who choose to access this site from locations other than the United Kingdom mainland are responsible for compliance with local laws if and to the extent local laws are applicable.

3.2 Although we make every effort to ensure the details on this Website are correct, please note we give no guarantee as to, and have no liability in relation to, the currency, usefulness or accuracy of any of the content of this Website. There may be occasions when some of the information featured on the Website may contain incomplete or misleading data, typographical errors, or other inaccuracies. Any errors are wholly unintentional and we apologise for any inconvenience which this might cause. You acknowledge that you are responsible for inputting the correct information requested of you.

3.3 Given the unpredictabilities of technology, we do not warrant (either expressly or impliedly) that the Website will meet your data processing requirements, that the function, operation or accessibility of the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website will be free of viruses or other harmful elements. As a condition of becoming a user of the Website, you agree that your access is undertaken at your own risk and in accordance with the terms of use of the Website applicable from time to time. We shall not be liable for damages of any kind and howsoever arising, (including but not limited to damage caused by viruses, worms or trojan horses) related to your use of, or inability to access or properly use, any part of the Website.

3.4 We shall not be liable to you or to any person for any loss or damage (whether or not we ought reasonably to have known of or had been advised of the possibility of the same), whatsoever or howsoever caused (including negligence) except as provided in clause 3.6 below, arising directly or indirectly in connection with these Terms, the use of the Website or any of the materials contained in it, or as a result of withdrawing and/or screening editing or removing any materials or content on the Website or otherwise, except that which is unlawful to exclude.

3.5 Notwithstanding the generality of clause 3.4 above, we expressly exclude liability for direct, indirect or consequential loss or damage including but not limited to loss or damage in respect of the Website, its use, the lack of availability of the Website or any part of it or its content, loss of or damage to data or in respect of other equipment or property whether or not the same may be in our care, custody or control, for loss of profit, business, revenue, goodwill or anticipated savings, or otherwise.

3.6 We do not exclude liability for death or personal injury arising as a result of the negligence of us, our employees, agents or authorised representatives.

3.7 You shall indemnify us in respect of all costs (including legal costs on a full indemnity basis), losses expenses and claims in respect of or in connection with:

3.7.1 any improper use by you of the Website;

3.7.2 any breach by you of any of these Terms or any relevant legislation or regulations; and

3.7.3 any claim brought against us as a result of or in connection with your actions or omissions.

3.8 The colours we use, as well as the display and colour capabilities of your particular computer monitor, will greatly affect what you actually see on the screen. We cannot be held responsible for the limitations of technology and cannot guarantee that your monitor’s display of any colour, texture, or detail of graphics or visual elements of the Website will be accurate.

Intellectual Property

4.1 All brand names, product and service names and copyright used in this Website (“the Marks”) are Marks of their respective holders. All goodwill associated with the Marks or with our trade names or marks shall inure solely to the benefit of their respective holders or with us, and you shall not assert any claim or ownership to the Marks or to the goodwill or reputation thereof.

4.2 No permission is given by us for the use of the Marks or our trade names or marks by any person other than such holders and such use may constitute an infringement of the holder’s rights.

4.3 All designs and content featured on this Website, including navigational buttons and images, artwork, graphics, photography, text and the like are the copyright of us or our licensors and any use of materials on this Website without our prior written consent is strictly prohibited.

Privacy Policy

5.1 We are the owners of this web site may use the information you provide us via this website for marketing and administration purposes. We will share this information with our selected kitchen suppliers so that they may provide you with the quotations, brochures and other information requested as a result of visiting this web site, completing your details and confirming that you would like to be contacted.

You have a right to ask for copy of the information we hold on you at any time and to have that information corrected if it is inaccurate.

This website utilizes “cookies” in order to enable certain features. However it is not essential to have “cookies enabled” in order for you to use this site. In any case, cookies expire after 24 hours. Out of privacy concerns some people choose to disable cookies all together or prefer to have closer control over what sites are allowed to store cookies. Consult your browser documentation for details of how to do this.

Kitchens For Sale Ltd have made all reasonable efforts to ensure that all the information provided through this website is accurate at the time of inclusion. However the Kitchens For Sale Ltd accepts no liability for any inaccuracies or omissions and any decisions made based on the information supplied are your sole responsibility.

We are registered as a data controller with the office of the Data Protection Commissioner. Details of our registration (Reg. No.: Z9871215) can be found at the Data Protection Commissioner’s Website.

If you have any questions/comments about privacy, you should email us at admin@kitchensforsale.com .

Hyperlinks

6.1 Certain hypertext links in this Website will lead to websites which are not under our control. When you activate any of these, you will leave our Website. We have no control over the material on any of these linked websites.

6.2 The inclusion of hyperlinks cannot be taken to imply any endorsement or validation by us of the content of the linked website referred to. Hyperlinks can become out-of-date and cease to work or they can direct users to a website page whose contents or use have been changed by its owner. We accept no responsibility or liabilities for any losses or penalties that may be incurred or for the accuracy of hyperlinks to third party websites, or the content of such third party websites.

Our services

7.1 This Website is a guide to Kitchens. We do not buy or sell goods. Any goods or services advertised for sale on the Website are offered for sale by the third party whose name and address appears alongside the item on the Website (“the Seller”) and are subject to availability.

7.2 If you order a Seller’s goods or services through this Website, you do so on the terms and conditions of that Seller. Please ensure you read such terms and conditions.

7.3 We are not involved in the actual transaction between you and the Seller and the enforcement of any contractual obligations arising out of the completion of a transaction is the responsibility of you and the Seller (as applicable). We are not obliged to mediate between parties or enforce or execute fulfilment of any contract.

7.4 You acknowledge that your failure to fulfil your obligations under the Seller’s terms and conditions may be legally actionable by the Seller.

Charges And Payment – (Advertisers Only)

8. We shall issue an invoice in respect of our charges on receipt by fax or post of your signed order form, and you shall pay to us the charges set out in our invoice on receipt of the invoice. In the event of your cancellation of the Services we shall at our discretion refund 30% of our charges, but we shall be entitled to retain/invoice 70% of our charges.

8.1 All charges are exclusive of VAT. Rates of tax and duties on the Services will be those applying at the time of payment.

8.2 All our quotations lapse after 30 days (unless otherwise stated) if we do not withdraw them earlier.

8.3 If you fail to pay any amount payable by you under these terms, we shall be entitled but not obliged to charge you interest on the overdue amount, payable by you forthwith on demand, from the due date up to the date of actual payment, after as well as before judgment, at the rate of 2% a year above the base rate for the time being of Barclays Bank plc. Such interest shall accrue on a daily basis and be compounded quarterly. We reserve the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.

8.4 You do not have the right to withhold any retention money or to set off any money you may claim from us against anything you may owe us.

Force majeure

9.1 If we are unable to perform our obligations to you (or able to perform them only at unreasonable cost) because of circumstances beyond our control, we may then cancel or suspend any of our obligations to you, without liability.

9.2 Examples of those circumstances include act of God, accident, explosion, fire, transport delays, strikes and other industrial disputes.

General

10.1 No waiver by us of any breach of the Terms by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

10.2 English law is applicable to any contract made under the Terms. The English courts have exclusive jurisdiction.

10.3 If you are more than one person, each of you has joint and several obligations under the Terms.

10.4 If any of the Terms are unenforceable as drafted:

10.4.1 it will not affect the enforceability of any other of these terms; and

9.4.2 if it would be enforceable if amended, it will be treated as so amended.

10.5 Any notice which is to be served under the Terms may be served:

10.5.1 by you by leaving it at or by delivering it (by first class post) to our registered office; and

10.5.2 by us by leaving it at or by delivering it (by first class post) to the last address you have given us.

All such notices must be signed.

10.6 No contract will create any right enforceable (by virtue of the Contracts (Rights of Third Parties) Act 1999) by any person who is not as party to these Terms.

10.7 Nothing in these Terms shall create, or be deemed to create, a partnership, a joint venture, a relationship of principal and agent or a relationship of employer and employee between the parties.

10.8 Any queries or comments about the Website, complaints, or objection to us making use of your personal data in the ways detailed above, should be directed to Managing Director at Legal@KitchensForSale.com .

January 2007