Terms & Conditions of Sale

1.1 “Kaya Atelier”, “we”, “us”, “our” or “the Company” refers to Kaya Atelier.

1.2 Our contact details are:

• Company: Kaya Atelier Limited
• Address: 15a Raven Road, South Woodford, E18 1HB
• Telephone: 07387824878
• Company Number: 17245491

2.1 “Customer”, “Buyer” or “you” means the person, business or organisation purchasing Goods from us.

2.2 “Consumer” means an individual purchasing Goods mainly for personal use and not for business purposes.

2.3 “Business Customer” means a trade, interior designer, architect, developer, company, contractor, hospitality client or any customer purchasing wholly or mainly for business purposes.

2.4 “Goods” means any products supplied by Kaya Atelier, including but not limited to dining tables, coffee tables, plinths, side tables, consoles, tops, bases, samples and accessories.

2.5 “Bespoke Goods” or “Custom Goods” means Goods made to your specification, including size, material, finish, edge detail, base design, colour, shape or any other chosen option.

2.6 “Order” means your request to purchase Goods from us.

2.7 “Contract” means the legally binding agreement between you and Kaya Atelier.

2.8 “Material” means marble, quartz, porcelain, natural stone, engineered stone, timber, metal, glass or any other material used in the Goods.

3.1 Images, samples, brochures, social media posts, website images, showroom displays and digital renders are provided for illustration only.

3.2 Colours, veining, shade, pattern, texture, gloss level and finish may appear different depending on lighting, screen settings, photography, batch variation and natural material variation.

3.3 We reserve the right to update product specifications, prices, designs and these Terms at any time before an Order is accepted.

4.1 You acknowledge that Kaya Atelier works with premium stone and stone-effect materials, each of which has different characteristics.

Marble and Natural Stone

4.2 Marble and natural stone are natural materials. Each slab is unique.

4.3 The following are natural characteristics and are not defects:

• Veining
• Colour variation
• Fossils, crystals or mineral deposits
• Pitting
• Open veins
• Fissures
• Texture variation
• Resin-filled areas
• Mesh backing
• Natural markings
• Surface movement
• Variation between slabs

4.4 Marble is porous and acid-sensitive. It may etch, stain, scratch, chip or mark if exposed to acidic liquids, oils, heat, impact, abrasive cleaning products or improper maintenance.

4.5 Marble is not recommended for customers who expect a perfect, uniform, maintenance-free surface.

Quartz

4.6 Quartz is an engineered stone. It is generally more consistent than marble but may still vary in shade, pattern, flecking, finish and batch.

4.7 Quartz can be damaged by excessive heat, thermal shock, impact, unsuitable cleaning chemicals, UV exposure, misuse or incorrect installation.

4.8 Quartz is not indestructible and must not be treated as heat-proof, chip-proof, scratch-proof or stain-proof.

Porcelain

4.9 Porcelain is a manufactured surface material and may vary in shade, pattern, size, thickness, finish and batch.

4.10 Porcelain is hard-wearing but may still chip, crack or break if subjected to impact, excessive force, poor support, incorrect handling or misuse.

4.11 Porcelain edges and corners require particular care and may be more vulnerable to impact damage.

5.1 We strongly recommend that you request samples before placing an Order.

5.2 Samples are provided as a guide only and may not exactly match the final Goods.

5.3 A sample does not guarantee identical colour, pattern, veining, tone, finish, surface texture or batch.

5.4 Where a full slab is available for viewing or approval, approval may be given in person, by photograph, by video or in writing.

5.5 Once you approve a slab, surface, sample, drawing, design or specification, you accept the visual appearance and material characteristics of that selection.

5.6 If you do not approve or reject a slab within a reasonable timeframe, we may proceed with a suitable material selection on your behalf to avoid delay.

5.7 After approval, you cannot reject the Goods because of natural variation, veining, shade, tone, markings, pattern placement or personal aesthetic preference.

6.1 Quotations are valid for the period stated on the quotation. If no period is stated, quotations are valid for 14 days.

6.2 Prices are in GBP and may be subject to VAT where applicable.

6.3 A deposit is required to confirm an Order. Unless agreed otherwise in writing, deposits are non-refundable once materials have been ordered, design work has started or production has begun.

6.4 The balance must be paid in full before delivery, collection or installation.

6.5 We reserve the right to withhold delivery or collection until cleared funds are received.

6.6 If payment is delayed, we may charge storage fees, delay delivery, pause production or cancel the Order.

6.7 Ownership of the Goods remains with Kaya Atelier until full payment has been received.

7.1 You are responsible for checking all details before confirming an Order, including:

• Product type
• Dimensions
• Material
• Finish
• Edge profile
• Base design
• Colour
• Quantity
• Delivery address
• Access route
• Intended use

7.2 Any drawings, renders or measurements must be checked carefully by you before approval.

7.3 Once you approve a drawing, quotation, invoice, specification or design, we will rely on that approval.

7.4 If information supplied by you is incorrect, incomplete or unclear, we are not responsible for resulting errors, delays, access issues, additional costs or unsuitability.

7.5 Reasonable manufacturing tolerances apply. Minor variation in size, thickness, alignment, shade, finish, joint position or appearance shall not be considered a defect.

8.1 Most Kaya Atelier Goods are bespoke, custom-made or made to order.

8.2 Once production has begun, custom Goods cannot normally be cancelled, changed, exchanged or returned, unless faulty, not as described or otherwise required by law.

8.3 Design changes requested after confirmation may be refused or may incur additional charges.

8.4 Any change may affect lead times.

8.5 Where you are a Consumer, nothing in these Terms removes your statutory rights for faulty, misdescribed or non-conforming Goods.

9.1 This clause applies only to Consumer Sales.

9.2 For non-bespoke Goods purchased online or at distance, you may have a 14-day cancellation right under the Consumer Contracts Regulations 2013.

9.3 This cancellation right does not normally apply to Goods that are made to your specification or clearly personalised.

9.4 Because most Kaya Atelier Goods are made to your chosen specification, the right to cancel for change of mind will usually not apply once the Order is confirmed and production has begun.

9.5 Nothing in these Terms affects your rights under the Consumer Rights Act 2015 where Goods are faulty, not as described or not fit for purpose.

10.1 If you are a Business Customer, you confirm that:

• You are purchasing for business or commercial purposes
• You have checked all specifications
• You are not relying on any statement not included in writing in the Contract
• Your own purchase terms do not apply unless expressly accepted by us in writing

10.2 For Business Customers, our liability is limited as set out in clause 20.

11.1 Lead times are estimates only and are not guaranteed.

11.2 Lead times may be affected by material availability, supplier delays, manufacturing issues, shipping delays, illness, weather, access issues, payment delays, customer approval delays or events beyond our control.

11.3 We are not liable for loss, inconvenience, contractor costs, missed events or other losses caused by delay.

11.4 You should not book third-party contractors, events, photography, openings or installation works relying on an estimated delivery date unless we have confirmed this in writing.

12.1 Delivery may be carried out by Kaya Atelier, specialist couriers, furniture delivery teams or third-party carriers.

12.2 You must ensure that the delivery address is accurate and accessible.

12.3 You must notify us before delivery of any relevant access issues, including:

• Stairs
• Narrow doors
• Tight corridors
• Lifts
• Parking restrictions
• Red routes
• High-rise buildings
• Uneven floors
• Gravel driveways
• Building sites
• Restricted loading areas
• Fragile flooring
• Low ceilings
• Weight restrictions

12.4 If delivery cannot be completed because of access issues, absence, unsafe conditions or incorrect information, you will be responsible for redelivery, storage and aborted delivery charges.

12.5 Delivery is to the nearest safe and practical location unless white-glove delivery or room-of-choice delivery has been agreed in writing.

12.6 Delivery teams may refuse to enter a property or move Goods where they reasonably consider it unsafe or unsuitable.

13.1 Where white-glove delivery is agreed, this may include delivery to a room, basic positioning, basic assembly and packaging removal.

13.2 White-glove delivery does not include structural work, electrical work, plumbing, wall fixing, floor reinforcement, removal of doors, removal of windows, lifting over balconies, crane hire or movement of existing furniture unless expressly agreed in writing.

13.3 You must ensure the route is clear, safe and protected.

13.4 We are not responsible for damage to property where:

• Access is restricted
• The route is not clear
• The floor or walls are not protected
• You instruct us to proceed despite risk
• The item is too large or heavy for the route
• The property is unsuitable

13.5 We may ask you to sign a delivery/access waiver before attempting difficult delivery.

14.1 If you collect Goods or arrange your own courier, risk passes to you when the Goods are collected.

14.2 We are not liable for damage caused during transport, loading, unloading, storage or handling by you or your courier.

14.3 You must ensure any courier is suitable for heavy and fragile stone furniture.

15.1 You must inspect the Goods immediately upon delivery.

15.2 Visible damage, missing items or obvious defects must be reported in writing within 48 hours of delivery.

15.3 You must provide clear photographs, video evidence and any delivery paperwork requested by us.

15.4 If you sign for Goods as received in good condition and do not report visible damage within 48 hours, we may reject later claims for visible delivery damage.

15.5 This does not affect your statutory rights for hidden defects where you are a Consumer.

16.1 You are responsible for caring for the Goods properly after delivery.

16.2 You must follow any care instructions supplied by Kaya Atelier.

16.3 You must not use abrasive cleaners, acidic cleaners, bleach, harsh chemicals, scouring pads or unsuitable products.

16.4 Marble must be protected from acids including lemon, vinegar, wine, coffee, tomato, perfume, cleaning chemicals and other staining or etching substances.

16.5 Coasters, placemats and protective pads should be used.

16.6 Hot pans, candles, burners, fireplaces, heaters or heated appliances must not be placed directly onto the surface.

16.7 The Goods must not be dragged, dropped, overloaded, climbed on, sat on unless designed for seating, or exposed to abnormal force.

16.8 Failure to follow care guidance may void warranty protection.

17.1 Kaya Atelier warrants that Goods will be free from manufacturing defects for a period of 12 months from delivery, subject to these Terms.

17.2 The warranty applies only to the original purchaser and is not transferable.

17.3 The warranty does not cover:

• Natural characteristics of marble or stone
• Veining, pits, fissures or natural markings
• Batch variation in quartz or porcelain
• Etching
• Staining
• Scratching
• Chipping caused by impact
• Cracking caused by misuse or poor support
• Heat damage
• UV damage
• Chemical damage
• Damage caused by incorrect cleaning
• Damage caused by third-party installation
• Damage caused by moving the Goods after delivery
• Normal wear and tear
• Customer modification
• Damage caused by children, pets, tenants, guests or contractors

17.4 Where a valid warranty claim is accepted, we may choose to repair, replace, remake or refund the affected Goods or affected part.

17.5 We may require inspection before accepting any claim.

17.6 If you refuse inspection or interfere with the Goods before inspection, the warranty may be void.

18.1 Bespoke Goods cannot be returned or cancelled because you change your mind.

18.2 Bespoke Goods cannot be rejected because of natural variation, batch variation, personal preference, lighting differences or expected material characteristics.

18.3 If Goods are faulty, not as described or otherwise fail to meet your statutory rights, we will deal with the matter in accordance with applicable law.

18.4 Where a return is accepted, you must keep the Goods safe, unused and properly protected until collection or return.

18.5 We may deduct for damage caused while the Goods are in your possession where permitted by law.

19.1 We are not liable for delay or failure caused by events beyond our reasonable control, including supplier delays, material shortages, strikes, accidents, severe weather, fire, flood, transport disruption, import delays, war, civil unrest, pandemic, machinery breakdown or power failure.

20.1 Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation or any liability that cannot legally be excluded.

20.2 For Consumer Sales, we are responsible for foreseeable loss caused by our breach of contract or failure to use reasonable care and skill.

20.3 We are not responsible for losses caused by incorrect information supplied by you, unsuitable access, unsuitable installation environment, misuse, poor maintenance or third-party work.

20.4 For Business Customers, we are not liable for:

• Loss of profit
• Loss of business
• Loss of opportunity
• Loss of goodwill
• Loss of contract
• Loss of revenue
• Indirect or consequential loss
• Third-party contractor costs
• Delay costs

20.5 For Business Customers, our total liability shall not exceed the price paid for the Goods giving rise to the claim.

21.1 Stone furniture is heavy, fragile and potentially dangerous if handled incorrectly.

21.2 You must not attempt to move, lift, dismantle or install Goods without suitable help, equipment and expertise.

21.3 Kaya Atelier is not liable for injury, damage or loss caused by unsafe handling after delivery, except where liability cannot legally be excluded.

22.1 All designs, drawings, renders, photographs, product concepts, specifications, website content and marketing materials remain the intellectual property of Kaya Atelier or our licensors.

22.2 You may not copy, reproduce, publish, manufacture from, imitate or commercially exploit our designs without written permission.

23.1 We may request permission to photograph completed Goods for marketing purposes.

23.2 We will not disclose private customer details without consent.

23.3 If you provide photographs, reviews or testimonials, you grant us permission to use them for marketing unless agreed otherwise in writing.

24.1 Complaints must be submitted in writing. Please contact us via phone or our contact page for more details.

24.2 Please include your name, order number, description of the issue, photographs and any supporting evidence.

24.3 We will review complaints within a reasonable timeframe.

25.1 These Terms are governed by the laws of England and Wales.

25.2 The courts of England and Wales shall have exclusive jurisdiction, except where consumer law provides otherwise.

26.1 If any part of these Terms is found to be invalid or unenforceable, the remaining clauses shall continue in full force.

27.1 These Terms, together with the quotation, invoice, order confirmation, drawings and any written agreed specifications, form the entire agreement between you and Kaya Atelier.

27.2 No verbal statement shall override these Terms unless confirmed in writing by Kaya Atelier.