TERMS AND CONDITIONS APPLIANCE SALE – LEBANON
- Kitchen Avenue, we, us or our means Kitchen Avenue sells Appliances.
- Customer, you or your means the person or entity whose name and address appears on the Order as the purchaser of the Products.
- Order means the order provided by the Customer to Kitchen Avenue for the purchase of the Products.
- Order Confirmation means the written confirmation of the order by Kitchen Avenue.
- Business Day means any day other than a Sunday, or any holiday.
Kitchen Avenue shall sell and the customer shall purchase the goods in accordance with any quotation or offer of appliances which is accepted by the customer or any order of appliances which is accepted by the customer and;
2.1 – An agreement is made between Kitchen Avenue and the Customer for the purpose of the products specified in the Order (Products) if and when Kitchen Avenue issues an Order Confirmation to the Customer in respect of that order (Agreement).
2.2 – The Agreement comprises the Order, the Order Confirmation, reference to these Terms and Conditions of Sale and any other additional terms as agreed in writing by Kitchen Avenue. The Order Confirmation prevails over the Order to the extent of any inconsistency.
3.1 – The Price payable by the Customer to Kitchen Avenue for the Products or services is the price specified in the Order Confirmation provided by Kitchen Avenue to the Customer (Price).
4.1 – A 75% of the Price is payable as a down payment upon submission of the Order by the Customer and 25 % upon delivery.
4.2 – Unless credit is granted, payment is due upon delivery.
4.3 – All orders for ex-display must be paid in full at time of Order.
5- CANCELLATION FEE
5.1 – If you cancel your order within 2 weeks of order replacement, Kitchen Avenue will refund all the money paid excluding the VAT amount.
6- PHONE ORDERS
6.1 – Customer bears all responsibility for any verbal order.
7.1 – All Orders must be settled and delivered within 3 months of the Order Confirmation. Orders not settled and delivered within this time frame may be cancelled by Kitchen Avenue.
7.2 – If the model of the Product/s is discontinued, superseded, or not available for delivery on the delivery date, Kitchen Avenue will notify the Customer prior to the delivery Date that:
- Kitchen Avenue is prepared to instead supply a model of equivalent or superior standard.
7.3 – If the Customer accepts Kitchen Avenue’s offer of an alternative product, no price changing will occurred.
7.4 – If the Customer rejects Kitchen Avenue’s offer of an alternative model, this Agreement is thereby terminated with immediate effect. Any amounts previously paid by the Customer in relation to that Product under this Agreement will be refunded within 7 business days excluding the VAT amount. The Customer’s rights are limited to this refund.
7.5 – Kitchen Avenue will deliver the Product/s at a time arranged by Kitchen Avenue and the Customer.
8- PRODUCT INSTALLATION
8.1 – Kitchen Avenue can arrange installation of washing machines, tumble dryers, dishwashers, ovens, refrigeration, hobs, hoods, and stacking kits delivered to the Customer’s premises within all Lebanese regions, installation provided is based on a like to like replacement and does not include any structural work or upgrades to plumbing, electrical or carpentry work (Installation).
This installation is free of charges.
8.2 – Kitchen Avenue advises that the Products are to be installed as per the Installation instructions that are provided with each Product. If an product is not installed in accordance with the instruction manual, this may affect the Kitchen Avenue / warranty offered.
An Installation means that the Products will be as per the instruction manual.
A service fee will be charged to inspect or rectify Product/s that has been installed by a person/company other than a Kitchen Avenue or an Service Agent.
8.3 – Without limiting the generality of any other provision of these Terms and Conditions of Sale, appliances is not under any liability to the Customer or to any other person in respect of any consequential loss or damage which occurs as a result of installation of the Product/s by anyone other than Kitchen Avenue or an Approved Service Agent, and the warranties described.
8.4 – An Installation will give you the peace of mind that the product has been installed as per guidelines to ensure proper product performance as well as demonstration of proper use of the Product.
8.5 – appliances installation includes:
- Inspection for the installation.
- Unpacking and product readiness for installation. Inspection for any existing damage or visible defects;
- Disposal of packaging materials;
- Installation of stacking kits;
- Connection of the Product(s) to existing water inlet and/or electric service (water inlet and electrical supply point must be within 1.5m of product);
- Insertion of Product into designated location compliant to relevant standards and suitable for the product being installed;
- Leveling and securing your Product where required;
- Testing your Product to ensure proper functioning and use of functional demonstration;
- Dishwasher installation includes securing dishwasher to adjoining cabinetry where required; and
- Installation of laundry Products includes removal of transit bolts and leveling.
8.6 – Prior to an Installation and upon the site inspection report, the Customer is to ensure the following has been carried out / cleared to facilitate installation of their products on the scheduled date:
- Power /water inlet is provided and distance from the Product maintained. The water valve (tap) must be ¾ inch male thread;
- Location and cabinetry should be inspected for any defects and free from any obstruction to access it. Existing appliances have been removed from the cabinetry or niche or where there is no unrestricted access to the product from all sides and top;
- There is a water drain outlet for laundry and kitchen Products that require drainage;
- Water pipes are robust and fit for purpose (connection to old copper pipes especially);
- Any dangerous, hazardous material or substances have been removed from the install vicinity; and
- Any flooring deficiencies that will prevent/hinder proper installation of Product.
8.7 – If the matters set out in clause 8.6 have not been attended to, Kitchen Avenue is under no obligation to carry out an Installation.
8.8 – All Products installed by kitchen Avenue or an Service Agent are warranted for 24 months for workmanship. Any changes to the original installation will void the installation warranty.
9- OWNERSHIP AND RISK
9.1 – Kitchen Avenue remains the owner of the Product/s until the Price is paid in full to Kitchen Avenue and the Product/s have been delivered to the Customer.
10.1 – Consumer statutory guarantees as to the merchantability and fitness for purpose of the Product/s are implied under Lebanese consumer protection legislation and are not excluded by this Agreement, but may be limited as otherwise set out in clause 8 (to the extent permitted by law).
10.2 – In addition to the statutory guarantees, kitchen Avenue warrants that the Product/s will be free from defects in material and workmanship for a period of twenty four (24) months from the delivery date.
10.3 – To the extent permitted by law, the Warranty and the ASKO Commercial Warranty will not apply if the Product/s is:
- Damaged through misuse, including, but not limited to when the Product/s are:
a- Used for purposes for which the product was not sold or designed;
b- Operated on an electrical, water or gas supply which exceeds the ratings specified on the rating plate of the Product or damage was due to incorrect or defective power supply;
c- Incorrectly stored, mounted, subjected to a severe climate or subject to a similar influence;
d- Not maintained or serviced as required in the written materials provided with the Product;
e- Operated when it was known to be defective; or
f- Used in any way contrary to any written instructions for use provided by Kitchen Avenue or an approved Service Agent; or.
g- Repair done by non-authorized service center or dealer or customer himself.
- Installed by anyone other than Kitchen Avenue or an Approved Service Agent.
10.4 – To the extent permitted by law, Kitchen Avenue is not liable for any indirect, special or consequential loss or damage arising in any way in relation to, or use of, the Product/s.
10.5 – Without limiting or restricting any statutory or implied warranties or consumer guarantees that may apply to goods and/or a service sold under this Agreement, where the Order (or Order Confirmation) includes showroom display, the Customer acknowledges and agrees that:
- The goods have been inspected by the Customer prior to placing the order and have been determined by the Customer as being fit for their intended purpose; and
- The Customer has not disclosed to Kitchen Avenue any other purpose for which the goods are intended to be used.
10.6 – No claims allowed unless made five days of receipt of goods.
11- CATALOGUE/WEBSITE AND SAMPLES
11.1 – The Customer acknowledges, agrees and accepts that there may be variations in the color and/or finish and/or texture of any actual Products supplied to the Customer:
12.1 – If delivery is prevented or delayed, in part or all, by reason of an Act of God, or the consequence thereof including, but not limited to fire, or by reason of riots, wars, hostilities, terrorism, government restrictions, trade embargoes, strikes, lockouts, labor disputes, boycotting of goods, ship shortage, delays or damage in transportation or other causes beyond Kitchen Avenue’s control, Kitchen Avenue may, at its sole and unfettered option, perform the Agreement or the unfulfilled portion thereof within a reasonable time from the removal of the cause preventing or delaying performance, or rescind unconditionally and without liability, the Agreement or the unfulfilled portion thereof.