Terms & Conditions

Last Updated: March 27th, 2023

By doing business with Kitchen-Finder FZ LLE (the Contractor), the business partner (the Client), hereby confirms to have carefully read all the terms and conditions listed below.

Unless the Client requested an additional formal document and / or contract from the Contractor, anything exchanged over electronic correspondence channels is considered as contractual agreement.

All service solutions offered by the Contractor are available to Clients in Africa, Asia (except the GCC), North America, South America, Europe, and Australia.

Prices & Currency

All stated and communicated prices by the Contractor are in AED currency.

All stated and communicated prices in any form by the Contractor are valid until 31.12.2023, subject to future change.

For applicable exchange rates, please visit https://www.centralbank.ae/en/fx-rates

Payments & Commencement of Work

Any payment made to the Contractor by the Client is considered as an order and / or acceptance of works and / or commencement of works.

Any formally placed design service on demand is considered as an order and / or acceptance of works and / or commencement of works.

The Contractor’s kitchen & other room design service on demand is invoiced after completion of works, whilst all other design services must be paid in advance.

The Contractor’s marketing & lead generation service must be paid in advance, with fixed monthly payment dates for longer campaign durations.

The Contractor’s marketing & lead qualification service must be paid upon completion, with fixed monthly payment dates for longer campaign durations.

Additional Expenses

The Client hereby unequivocally agrees to reimburse the Contractor for any additional expenses necessary for the completion of the work if the Contractor has duly notified the Client of the requirement of said additional works.

Termination of Contract

The Client shall not have the possibility to cancel any formally placed design service on demand unless otherwise agreed. Any existing payment obligations will remain valid until the Contractor discharges such obligation in full.

If for any reason, the Contractor’s business must stop / seize operation, any credit purchased and / or advance made by the Client, be it for the Contractor’s marketing & lead generation, marketing & lead qualification as well as kitchen & other room design service, becomes null and void without any re-payment obligation from the Contractor towards the Client.

Indemnities

The Client agrees to indemnify, defend, and hold harmless the Contractor and its affiliates, successors and assigns (and its and their representatives) from and against all claims, damages, liabilities, losses, settlements, costs, and expenses which arise out of or relate to:

· Any dishonest, inaccurate, incomplete, fraudulent, negligent, wrongful, unlawful, or criminal act or omission by you in connection with your use of the services.

· Any breach of the agreement, including, without limitation, any use of the services that violates third party rights or applicable law committed by you or any other person accessing the marketplace using your login or accessing the marketplace on your behalf; and

· The use of any intellectual property created in respect of the services provided not contemplated by the agreement or because of a breach of the agreement.

· Any act or omission of an end-user which results in a third-party claim against the Contractor; and

· The indemnities set out here will survive termination of this agreement for any reason.

Intellectual Property

All materials displayed or performed in relation to the Contractor’s website / social media channels and / or to any conducted design services, or which may be made available (including, but not limited to text, files, logos, images, illustrations, videos, and design packages also known as the “content”), are protected by copyright.

At all times, the Client will abide by all copyright notices, trademark rules, information, and restrictions contained in any content accessed or received through the website, and shall not use, copy reproduce, modify translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any content, (i) without the express prior written consent of the Contractor (provided that the Client does not solely own and control the content), and (ii) in any way that violates any third party right.

All photos on the website are either owned by the Contractor or the Contractor has the Client’s permission to use them or the Contractor has informed the Client of usage as part of the Contractor’s free promotional activity identified as ‘Manufacturer Spotlight’ as part of the Contractors social media communication.

Any other information, images, names, and services displayed on our website are shared as a compilation of our own experience and in best interest of any party.

Data Protection

The Client agrees that personal information is being collected, used, and disclosed as set out in this clause and in our full privacy policy.

The Contractor will use all reasonable endeavors to ensure that personal information is treated securely and to prevent unauthorized access, collection, use, disclosure, copying, modification, disposal, or similar risks. Although the Contractor aims to create a safe, secure environment by trying to limit access of the platform to legitimate users, the Contractor cannot guarantee that unauthorized parties will not gain access.

To the extent permitted by applicable law, the Contractor expressly excludes any liability arising from any unauthorized access to data. The Client must contact the Contractor immediately of any unauthorized use of data and / or account by anyone else or any other breach of security.

The Client may review, edit, correct, or delete any personal information they submit to us, on written request and the Contractor will use reasonable efforts to honor such requests in a timely manner.

Governing Law

This agreement shall be governed by and construed in all respects in accordance with the laws of the United Arab Emirates, and the UAE Courts shall have jurisdiction to decide any matter arising out of this agreement.

Should any one clause, or part of any clause, of these terms & conditions be deemed to be against the law, this shall in no way affect the entirety of any contractual agreement.

Furthermore, the parties agree that in said circumstances they shall make their best endeavors to achieve as closely as possible the aim of any clause, or part of a clause, that be deemed to be illegal.

Each of the terms and conditions of this agreement operates separately. If any court or competent authority decides that any of the terms or conditions is unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect.

To the extent permitted by law, this agreement excludes all class-action suits, claims and proceedings.

Disclaimer & Other Points

The Contractor hereby declares to be aware of the responsibility to ensure that the content of the website and / or social media channels and / or social media activities including paid promotions do not breach any applicable law.

It is not the Contractor’s intention to impersonate any brand(s), manufacturer(s), distributor(s), and / or the Client(s).

Marketing & Lead Generation Service

The Contractor provides brand specific marketing & lead generation service with the objective of increasing the Client’s online visibility, raising brand & product awareness, and generating high-quality sales leads.

The Contractor shall not be held responsible for delivering any specific number of sales leads, especially, if the Client requires deviating artworks / communication as against the recommended artworks / communication by the Contractor. At the same time, the Contractor guarantees to provide the maximum number of sales leads possible based on allocated campaign budget which includes the Contractor’s service fee.

The Contractor shall not be held responsible for the quality of the targeted sales leads. At the same time, the Contractor guarantees that potential customers are being targeted on brand specific level applying best possible industry practice and based on previous successfully implemented lead generation campaign services.

The Client hereby acknowledges that any lead generation campaign service is run through Kitchen-Finder’s social media channels / add accounts as specialized B2B service provider.

Marketing & Lead Qualification Service

The Contractor provides brand specific marketing & lead qualification service with the objective of supporting the Client with the follow up process of the generated sales leads resulting out of the Contractor’s marketing & lead generation service.

The Contractor shall not be held responsible for the any type of conversion of the targeted sales leads resulting out of the Contractors marketing & lead generation service. At the same time, the Contractor guarantees that the generated sales leads are being followed up in a professional way in best possible interest of the Client applying best possible industry practice based on previous successfully implemented lead qualification campaign services.

The Client has the option to combine the Contractor’s marketing & lead qualification service with the Contractor’s kitchen & other room design service.

Any sales leads would be handed over to the Client with a brand specific kitchen or other room design package (see Kitchen & Other Room Design Service). If not on brand specific level, the Contractor will provide reduced deliverables in form of a furniture & worktop plan + elevations + high-quality 3D perspectives.

The Client hereby acknowledges that any lead qualification campaign service is run through Kitchen Finder’s staff and communication channels (phone, messaging, email) as specialized B2B service provider.

Kitchen & Other Room Design Service

The Contractor provides brand specific kitchen & other room design service with the objective of supporting the Client’s design requirements and sales activities.

The Contractor shall not be held responsible for any type of technical mistake as part of the deliverables that cannot be accessible to the Contractor from a manufacturer side. It is the Client’s responsibility to always check all deliverables carefully, and to highlight any mistakes and / or misinterpretation of the provided deliverables to the Contractor in order to rectify the same.

The Contractor shall not be held responsible for any type of missing article information, currency settings and / or color variations as a result of the used design software.

The Contractor aims to turn around any design support request, be for retail or showroom design requirements, be it for new or existing requests, as quickly as possible, and usually not longer than 48 hours from receipt during UAE office hours. This is also applicable for any type of revision.

The Contractor aims to turn around any design support request, be for project design requirements, be it for new or existing revision requests, as quickly as possible, usually not longer than 96 hours from receipt during UAE office hours. This is also applicable for any type of revision.

The turnaround time of all design support requests is always subject to the quality of input provided as well as the complexity of the individual design support request.

If the Client purchases any type of design credit package, be it for kitchen or other rooms, the validity for each design credit shall be valid for 12 months from having placed the first design support request of the respective design package.

Any additional revisions, after the free revisions as part of standard deliverables are consumed, are available at an extra charge of 250 AED, be it for kitchen or other rooms.

Any additional high-quality 3D perspectives, besides the standard 3 X high-quality 3D perspectives as part of the standard deliverables, are available at an extra charge of 62.50 AED per perspective, be it for kitchen or other rooms.

Besides the defined kitchen & other room design service, The Contractor also offers brand specific rendering service for any shared software file (PRW/DRW), available at an extra charge of 125 AED per perspective.

All service solutions, including, but not limited to the Contractor’s marketing & lead generation, marketing & lead qualification service as well as the kitchen & other room design service, are provided to the best of knowledge, expertise, and capability of the Contractor.

The Client holds the Contractor and owner free from any liability that may arise out of the work carried of any of the Contractor’s services

For more information, please use the contact form on the website.