NEW FORM LANDSCAPES T/A THE OUTDOOR KITCHEN COLLECTIVE

TERMS AND CONDITIONS OF SALE –CONSUMER

The following important terms and conditions apply to this contract. Please read them carefully before placing your order. Note: these terms apply to contracts made with private individuals not businesses.

Please note our Cancellation and Returns policy at (9)

1.Definitions In this contract: • ‘Goods’ includes goods supplied and/or supplied and installed. • ‘TOKC’, ‘We’, ‘us’ or ‘our’ means New Form Landscapes Ltd T/A THE OUTDOOR KITCHEN COLLECTIVE. • ‘Customer’, ‘You’ or ‘your’ means the person buying Goods from us • ‘Order Confirmation’ is the email or letter or proforma invoice sent to you confirming our acceptance of the order and the details the order is based on, together with any additional information you may need. • ‘Proposal’ is the Proposal documents sent to you by us giving details of the proposed Goods we will supply and/or install. Where there has been more than one proposal sent to you the proposal number will be quoted in the order confirmation, or invoice or a copy will be provided.

2. Who are we? • New Form Landscapes Ltd T/A The Outdoor Kitchen Collective is a company registered in England and Wales with registered number 08299735 • Registered office is at Coleman Croft, Woodcock Hill, St Albans, Hertfordshire, England, AL4 9HJ; incorporated on the 20th November 2012 • e-mail: sales@theoutdoorkitchencollective.co.uk or telephone 01727 743 712 • We are normally open Tuesday to Saturday from 8 am to 5 pm. • The Outdoor Kitchen Collective is a trading name of New Form Landscapes Ltd • Our VAT number is: GB 152358221 • Our website is at: www.theoutdoorkitchencollective.co.uk • Email sales@theoutdoorkitchencollective.co.uk

3. Introduction 3.1 If you buy Goods from us you agree to be legally bound by this contract and these terms. 3.2 When buying any Goods you also agree to be legally bound by: 3.2.1 Details and specific terms which apply to your order that are set out in the Proposal 3.2.2 Other details that have been agreed and are confirmed in writing in the Order Confirmation. 3.2.3 Requirements for safety including those in the Safety Instructions 3.2.4 Our Privacy Policy at https://theoutdoorkitchencollective.co.uk/privacy-policy 3.2.5 These documents form part of this contract as though set out in full here.

4. Information we give you 4.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. We will give you this information in a clear and understandable way. Typically, we will do this in a written Proposal before you buy the Goods from us. Some of this information is likely to be obvious from the context. Some of this information is also set out in this contract, such as the company and contact details above, details of our warranty contact information in clause 12 and our cancellation and returns policy in clause 9. 4.2 The key information we give you by law forms part of this contract (as though it is set out in full here). 4.3 Once the contract is made we will only change any key information if you agree to it. Any changes to the key information will be confirmed in writing or by e-mail. 4.4 For bespoke kitchens, once the concept and proposal drawings are accepted, and the deposit invoice is paid we will, if necessary, produce construction and control drawings of your project, These will be sent to you for final sign off and need to be returned to us. Once these are agreed, signed and sent back to the factory no further changes to the design will be accepted without further cost. Any lead time quoted or suggested will start from final sign off of the factory drawings or in the case of Renson, placing the order with them. All lead times are estimates and are not binding.

5. Your privacy and personal information 5.1 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a complaint or query about the use of your personal information. 5.2 Our Privacy Policy is available at https://theoutdoorkitchencollective.co.uk/privacy-policy

6. Ordering Goods from us Below, we have set out for your information how a legally binding contract between you and us is made: 6.1 The Proposal or any other information or quotation given to you by us or provided online before you make an order for Goods is not a binding offer by us to supply such Goods. 6.2 When you decide to place an order for Goods with us, this is when you offer to buy such Goods from us. 6.3 When you place your order with us, we will carefully check the details and will normally issue an Order Confirmation promptly by e-mail or post. If we have any queries or in the unlikely event of any changes being needed (for example if we need to change any details regarding products or installation dates) we will contact you as soon as possible by telephone or email. Once we have confirmed that you are happy we will send you an Order Confirmation/deposit invoice which includes these details. 6.4 The contract is binding once the Order Confirmation/deposit invoice is sent out and we will start the detailed design and production of the Goods ready to deliver and/or install them for you. See clause 9 for the cancellation policy.

7. Delivery and Installation The time(s) and date(s) for delivery, and for installation where applicable, will be arranged with you by phone/e-mail within the period shown on the Proposal and Order Confirmation. 7.2 If you have any questions please contact us using the details shown above. 7.3 If anything should happen which is outside of our control, and affects the estimated date of delivery and installation we will let you know as soon as possible and rearrange this with you and confirm it by email. 7.4 Delivery of the Goods will take place when we deliver them to the address that you gave to us, and if we are installing the Goods for you the order will be regarded as completed as soon as the installation has been satisfactorily finished and a completion form signed by a responsible person, and the installation manager on the day. We will require a responsible person to be available at the completion of the installation, or delivery, to inspect the work and product and to sign that this has been completed satisfactorily. If no one is available to sign for the completion of the works at the point of completion we will need to leave site and it will be assumed that the installation has been completed to the correct and satisfactory standard and any further site visits will then be chargeable. 7.5 If you require a mains gas, electrical or water and waste connection these are not included unless specifically stated within the Proposal and Order Confirmation and you will need to arrange these separately with suitably qualified and certified persons. Our quotation for installation is for a dry fix installation only and includes delivery and installation of kitchen units, worktops and placing of equipment. It excludes any first and second fix electrics, plumbing or gas work. These services need to be arranged separately using qualified contractors, unless specifically stated on the proposal. 7.6 You are responsible for the Goods when delivery has taken place. In other words, the risk in the Goods passes to you. 7.7 If you request that TOKC ship the Goods to an address outside of the UK mainland you agree to be responsible for the extra costs involved such as shipping, export paperwork, duty and taxes etc. and understand that cancellation and return rights long with Warranty may not apply outside the UK. 7.8 We reserve the right to charge for storage at a commercial rate for any products that cannot be delivered to site or installed on the agreed date given to you at the point of order, if the project is delayed through no fault of TOKC. The rate charged will be £10 per Euro pallet (1200mm x 800mm) per week plus additional delivery and stocking charges, if these apply. Larger pallets will be by separate quotation. Storage fees must be paid for in full before redelivery takes place. 7.9 Failed deliveries or installations will incur a restocking and redelivery charge if these are not the fault of TOKC and will be dependant on the size of the project, distance and length of the delay and the costs and loss of time incurred. If an installation is cancelled by the client with less than 3 day’s notice of the delivery/installation date then this will incur another installation fee. The redelivery charge will need to be paid in full before redelivery/installation takes place.

8. Payment and Price 8.1 We accept payment by bank transfer, cheques, and cash (Cash up to a certain monetary limit of £500). We also accept Visa, Mastercard and most debit cards with the following conditions. We do not accept American Express. Should you wish to pay for your project on Credit/Debit card we will only accept payments up to £1000. Kitchen projects above this value require payment by BACS transfer. Due to the bespoke nature of our kitchen and canopy projects no refund of deposits will be considered, either in part, or in full after the money clears into our account or 7 days from the invoice date, whichever is sooner. This is because fabrication will start at this point. Please note that it can take up to 7 days once a credit card payment is made until the funds reach our account and we cannot start to process the fabrication, or order the kitchen, until the funds are cleared. This can extend the delivery date to you, and when deadlines are tight BACS payments are quicker as funds reach our account immediately and we can process the order immediately. Payment of the full balance is required, in cleared funds, before installation/delivery can take place. Cancelled installation appointments due to payment not being received in time will incur additional charges and delays as per clause 7.9. 8.2 Payment is required as follows, unless other terms are set out in the Proposal or agreed in writing: 8.2.1 For website orders of in-stock products payment is required in full at point of order and delivery will be arranged within 10 working days unless clearly stated otherwise. 8.2.2 For orders placed by phone and/or email or for bespoke products other payment terms may apply and will be written on the proposal documentation/quotation. 8.3 The price of the Goods will be as shown on the Proposal and confirmed in the Order Confirmation including the following details: 8.3.1 The total price which includes VAT at the applicable rate. 8.3.2 All charges for delivery at the address shown. 8.3.3 Charges for installation if TOKC are providing this service. (Note: unless otherwise stated prices quoted for delivery and installation assume the address is on the UK mainland at ground level with normal access. If this is not the case extra charges will apply – please ask for a quotation before ordering.) If you have questions or anything is not clear please contact us for clarification as we want everything to be clear to you.

9. Right to Returns and cancellations 9.1 If, after the order has been placed and the deposit paid, the consumer needs to cancel the order, for whatever reason, the deposit will be refunded within 7 days of placing the order minus any restocking and cancellation charges that might imply – credit card fees are non-refundable. Due to the bespoke nature of all orders, no refund of the deposit invoice will be made after 7 days after the invoice date, or after fabrication has started as the goods will be in production. 9.2 It is important to understand that because of the specialist nature and large size of the product, delivery and collection costs are expensive and customers are required to pay for these if orders are cancelled after delivery. The cost of delivery may not be refunded and the cost of collection will be calculated and charged based on the cost of sending specialist carriers to the collection address. Any product returned must be in “as new” condition and TOKC may deduct charges for excessive handling or damage.

10. Nature of the Goods 10.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’) which we must comply with. We will ensure that the Goods supplied: 10.1.1 are of satisfactory quality 10.1.2 are fit for purpose 10.1.3 match the description, sample or model, (subject to reasonable variation of colour and finish with natural materials) and 10.1.4 are installed properly (if we are installing the Goods) 10.2 Any Goods sold at discount prices or such as “ex-demo” stock that has for example been previously installed in a display will be clearly identified and sold as such. Please check that any such Goods are of a satisfactory quality for their intended use. 10.3 In the unlikely event of our being unable to supply certain Goods we may need to substitute them with alternative Goods of equal or better standard and value. We would always discuss this with you first and make sure you are happy. 10.4 Any worktop supplied by us will be subject to variations due to the nature of the materials used. It is the customer’s responsibility to satisfy themselves that they have seen suitable samples of any materials being used in their project. It should be understood that any samples in the showroom are only meant to be an indication of the final finish and colours. If the customer is in any doubt then they should ask for photos of the actual slabs that will be used in their kitchen to ensure the final finish matches their expectations. Any Warranty offered does not cover surfaces that do not meet the customer’s requirements, which, in their personal opinion, do not meet their expectations in terms of colour, veining performance and appearance (for those surfaces that have such a feature), This includes edge profiles or other aspects selected by the customer at the time of purchase. • Any differences between samples or photographs of any worktop product and the actual product purchased are excluded from any Warranty offered.

11. Additional Customer requirements Please read the following carefully and contact us if you have any questions. As part of this contract the customer undertakes to: 11.1 carefully read and follow all safety and other instructions supplied by TOKC and the manufacturers of other Goods supplied, including guidance for the safe use and storage of gas bottles and appliances such as https://www.calor.co.uk/gas-bottles. 11.2 ensure that barbecues, firepits, grills and all heating and/or cooking appliances are always attended by a competent person who will also ensure that other persons, pets and flammable materials etc. are kept away from surfaces that are or could become hot and other risks, and that all food is properly cooked. 11.3 take precautions in event of extreme weather conditions to ensure the installation is suitably protected or anchored and separate accessories removed 11.4 ensure that all and any needed permissions for the installation and use of the Good(s) have been obtained from any parties who may need to give this (possibilities include landlords, local council planning or building regulations, environmental, health and fire authorities, etc.) and fire and other risk assessments carried out. In case of doubt as to whether any permissions may be needed professional advice should be sought. 11.5 ensure that the site chosen is a safe distance from any flammable materials and free from other hazards. It is important to carefully consider all risks including for example timber or plastic cladding, thatched roof, living wall, insulation, anything that could get hot or catch fire including materials that may be hidden. 11.6 ensure (if the kitchen is to be installed on a surface that is already prepared) that any prepared surface is flat and square and plumb and non-flammable. 11.7 ensure (if there has not been a site visit by TOKC to measure up) that all information measurements and requirements given to TOKC are correct and accurate 11.8 provide TOKC and whoever is installing the kitchen with details of any visible or hidden water gas electricity or other services in the vicinity of the site or any asbestos or other hazards. 11.9 be available at the agreed time to accept handover of the installed kitchen or delivery 11.10 ensure that payment is received by TOKC on time and in accordance with the agreed arrangements 11.11 ensure, where the customer is not the end-user, that all safety instructions are passed on to the end-user of the Goods.

12. Warranty etc. 12.1 TOKC undertake to provide the following warranties against defective materials and workmanship: Please note that many manufacturers require registration of their products to validate the warranty. It is the end users responsibility to do this and we cannot accept any responsibility for warranties not registered or registered incorrectly. 12.1.1 Grillo Kitchen structure and structural materials — 3 years from invoice date. https://grilloliving.com/warranty/ WWOO kitchen structure and structural materials – 1 year from invoice date. WWOO sales are subject to separate and additional WWOO terms and conditions (please see Appendix A and the end of this document) which will be supplied separately and can be requested by e-mailing sales@theoutdoorkitchencollective.co.uk Grillzimmer kitchen structure and structural materials – 5 years from invoice date Cubic kitchen structure and structural materials – 5 years from invoice date Renson – please see separate warranty details on individual proposal Vlaze – subject to their Terms and conditions. Please ask for more details 12.1.2 Barbecues, appliances, sinks/taps and all other products/accessories – manufacturers’ warranty applies. It is the consumers responsibility to register their products/kitchen directly with the individual manufacturer and ensure this information is up to date. The warranty is only valid where the product has not been modified, relocated or changed in any way. We or the manufacturer undertake to rectify free of charge any material fault which develops within the period shown above, so far as is reasonable, other than wearing parts or anything caused by unfair wear and tear or natural weathering and aging. Corrosion and related damage is excluded where kitchens are installed in coastal areas. If you have any queries or concerns regarding the Goods supplied and/or installed or our service or any other matter relating, do not hesitate to contact us on 01727 743 712 or email sales@theoutdoorkitchencollective.co.uk or using the address details in clause (2) and we will promptly attend to any query or concern you may have. 12.2 Please note that natural materials and other finishes may vary in colour due to differences in grain and shade and that materials such as stone and wood may naturally season and age or weather over time. Some worktop materials, for example porcelains, have significant variations in the colour and pattern between slabs. If a specific pattern and colour of worktop is required it is essential to ask to see photos of the actual slab being used, and this will need to be approved and signed off before fabrication commences. If this is not asked for then rejection of the final product based on the pattern or colour of the final surface will not be accepted. 12.3 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) or any other rights you may have in law (see adviceguide.org.uk for more details of your legal rights).

13. Limit on our responsibility to you 13.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any: 13.1.1 losses that were not foreseeable to you and us when the contract was formed 13.1.2 losses that were not caused by any breach on our part 13.1.3 business losses 13.1.4 losses to non-consumers 13.1.5 delays caused by circumstances outside of our control including pandemics and external factors. This includes disruption to the supply chain due to any external factor outside of our control. 13.2 The laws of England and Wales will apply to this contract. The jurisdiction of England and Wales also applies except that where Goods are supplied to consumers in other areas of the UK their own jurisdiction may be used.

14. Third party rights No one other than a party to this contract has any right to enforce any term of this contract. © New Form Landscapes ltd T/A The Outdoor Kitchen Collective 2021. Issue No. TC0004

APPENDIX A WWOO Terms and Conditions.

To be read in addition to the Terms and conditions of sale above.

Supply and Installation Terms and Conditions

Please read the following carefully. A placing of an order is assumed to be your agreement to accepting the following terms and conditions. The following situations could incur additional charges if they delay installation or are not a standard installation. -

It must be possible to park the van/lorry/trailer within 25 meters of the location of installation, and the location of installation should be accessible from the vehicle by a paved path without any obstacles. - At the installation location, we need enough space to manoeuvre with a manually operated (gantry) crane, so we advise you not to plan other work to be done at the same time as the installation. - Plumbing and electricity works are excluded in all quotes, including but not exclusive to:- installing, diverting or adjusting of, for example electric cables, water pipes, gas pipes, garden irrigation etc. - Ensure that the installation area is clear and level before arrival, removing, rubble, paving, old fence, roots, plants, soil, sand, stones and other debris. The ground must be at or lower than the final finished level of the area. - If any obstructions, such as, but not restricted to, roots or debris under the surface, concrete foundations, etc. are found when digging the holes for the posts this will incur additional cost. - All paving, such as removal of pavement, patio tiles, gravel etc. to be done by others prior to arrival. - Reinstatement of any paving is excluded from all quotes. - Transportation of the elements through the house or building would incur an additional cost. - Vertically transporting the elements up steps, stairs, ramps, lift, etc. would incur additional costs. - Extra costs would be incurred for manually placing the kitchen when there is too little manoeuvring room for a (gantry) crane on the location of installation. - All spoil resulting from excavation of the post holes is to remain on site unless agreed prior to installation. We can remove and dispose of the spoil if required at an additional cost of £75 incl VAT. - If, due to obstructions, or not being able to get a good fixing in the ground, one or more posts need to be fixed to a stone wall, wooden fence, etc. this would incur an additional cost - Any customization/grinding of the standard elements on the location of installation would incur additional costs. - If high ground water or weak / soft ground is discovered on commencing digging results in only being able to set the posts in place, with no further elements installed, and a return visit is required to install these elements this would incur an additional cost. - Where WWOO are not undertaking the installation and we are only delivering the goods then the client, contractor or end user is to inspect the goods before the courier leaves the delivery address and all goods must be signed for as acceptable and undamaged, or returned in its original packaging.

CONCRETE QUALITY - There could be slight shade differences between different concrete elements and over the surface of individual elements due to the nature of pouring concrete. The WWOO kitchen has variations in it and this is considered to part of the beauty of the product. - Due to the nature of pouring concrete, small air holes may be present on the surface. During production, any large air holes will be filled in with a slip, however these may appear again over time. - Due to the nature of pouring concrete, small drying or shrinkage cracks may be present or appear on the surface. These are to be expected and are considered normal. They will not affect the structural stability or strength of the concrete. - The Anthracite colour will discolour slightly over time particularly if placed in direct sunlight. Coleman Croft Woodcock Hill St Albans Hertfordshire AL4 9HJ +44 (0)1727 743 712 info@wwoo.co.uk sales@theoutdoorkitchencollective.co.uk - The finish on one side of the posts will look very slightly different due to the moulding process - The sink will be installed in the worktop and the waste connected and left as an open pipe through the back of the wall. It is the purchaser’s responsibility to connect this to a suitable drain or soakaway. The cold-water tap will be connected to a loose flexible hose which is left at the back of the wall. It is the responsibility of the purchaser to provide the supply to this and connect this to a suitable water supply. - It is likely that some minor marks may occur on the sink strainer over time.

GENERAL 1. Our surfaces and products are not designed or built to be used structurally unless specifically discussed and stated on the invoice. 2. We do not recommend standing or sitting on our work surfaces. 3. Damaged goods will be replaced as quickly as possible. All replacements of damaged products will require at least the same manufacturing lead time as applied to the original order. 4. All estimated project production times are based on schedule start dates. Start dates are scheduled once the deposit has been paid and cleared. 5. WWOO kitchens accepts no liability for direct or indirect losses, costs or penalties resulting from delayed deliveries or delays caused by the replacement of damaged products. 6. All information is provided in good faith and is subject to change without notice.

APPEARANCE 7. Any sample provided is to be seen as a guide and not a guarantee of the final product’s appearance. 8. Due to the nature of the material, manufacturing, curing and finishing processes each item produced will be unique and individual in appearance. Efforts will be made to produce continuity for items of a single project or order where applicable. Variations in product appearance and colour, hair line crazing, flecking, pitting, dappling and texture are considered to be part of the natural beauty of the material and are not seen as defects. 9. Slurry filling of voids is normal. In situations where efflorescence has occurred and is not wanted, efforts will be made to remove the mineral deposits 10. The use of sealers to protect the surface does not constitute a guarantee that the surface will not stain/etch or allow liquids to penetrate. 11. Sealers can be used to help prevent staining and liquid penetration by providing the client time to clean away staining material. It is the client’s responsibility to remain diligent in the removal of possible stain/etch causing or penetrating substances. 12. Penetration sealers will provide little protection against acid attack. 13. Sealers can be damaged and may need to be periodically re - applied, this is especially relevant to high use areas and product that are submerged, e.g. basins, bath tubs and water features.

PAYMENT 14. All products remain the property of The Outdoor Kitchen Collective/WWOO UK Kitchens until full and cleared transfer of payment has occurred and the product has been signed for prior to unloading on delivery. Payment terms for products require a 50% non - returnable deposit at the time of order. Final payment of the remaining 50% is to be made (and cleared) prior to the date of delivery. 15. Interest of not more than 10% APR of the total unpaid amount will be added to the bill at the beginning of each week after the lapsed payment dated. Estimates and quotations given remain valid for 30 days.

PROJECT DURATION 16. The date of commencement of any project will be declared only after all the required dimensions and project details have been agreed in writing by the client. WWOO kitchen’s Terms and Conditions have been signed and returned to WWOO kitchens and full payment of the deposit has been made. 17. The commencement date will be used to calculate the expected completion date. 18. Any delays outside the control of WWOO kitchens may result in alterations to the scheduled times allocated for production and delivery.

DELIVERY 19. Delivery dates and times will be adhered to wherever possible but cannot be guaranteed and do not constitute a contract between the purchaser and WWOO kitchens. 20. Kerbside delivery with one driver is standard. Products should be inspected and signed for prior to unloading. It is the client’s responsibility to fully inspect products prior to signing for them and once signed for we cannot accept responsibility for any damage incurred. 21. Any damaged products should be indicated to the driver/courier prior to unloading. WWOO Kitchens should be made aware of any issues relating to products purchased immediately. 22. Once delivered to kerbside and signed for the client is responsible for the product unless otherwise agreed in writing by WWOO kitchens. 23. Any damage caused to the product once delivered is entirely the client’s responsibility. WWOO kitchens will not consider any claim once fitting has begun. 24. Any damage or injury caused directly or indirectly to property or individuals once the product has arrived at the delivery address and is signed for is entirely the client’s responsibility. 25. The client is to provide sufficient labour to unload goods. Standard single items require a minimum of 2 strong people. (Please ask for recommendations in relation to your project). 26. Unloading (and loading) of products at the delivery address should be completed in good time, normally within 30 minutes of arrival. 27. WWOO Kitchens reserve the right to charge a waiting fee of not more than £30 per half hour applicable at the beginning of each half hour after 45 minutes has elapsed from the time of arrival at the delivery address. 28. If for any reason any item is not unloaded with 2 hours of arrival at the delivery address, the item will be returned to WWOO Kitchens. Where WWOO Kitchens is not at fault, an additional transportation charge of not more than 50% of the original total order invoice price will apply. 29. WWOO Kitchens reserves the right to charge storage at a rate of not more than 20% of the original total order invoice price for every seven day period of storage, applicable at the start of each seven day period, commencing on the date of return. 30. All additional fees are to be paid in full prior to redelivery. 31. If, through no fault of the WWOO Kitchens, products are not redelivered within 2 months of return to the Company, WWOO Kitchens reserves the right to dispose of the products as it sees fit. 32. Parking (or parking permits) to be provided on or close to site where required. Standard local parking or Congestion Charges are to be met by the client if applicable.