1. These Terms
1.1 What these terms cover
These terms and conditions set out the basis on which Bernini Worktops (“we”, “us”, “our”) supply made-to-measure worktops, including (where applicable) templating, delivery and installation services (the “Products”).
1.2 Why you should read them
Please read these terms carefully before placing your order. They explain how we will provide the Products, your rights, and our responsibilities.
2. Our Contract With You
2.1 Acceptance of your order
Your order will be accepted by Bernini upon receipt of your 50% deposit payment. This is at the point in which a contract exists between us and you.
2.2 If we cannot accept your order
We may refuse an order due to material availability, pricing errors, or logistical constraints. In such cases, you will not be charged.
2.3 Sales territory
We supply and install within mainland Great Britain only.
3. Our Products
3.1 What our Products include
Our Products include bespoke made to measure worktops including template, delivery, and installation services.
3.2 Bespoke nature
All Bernini worktops are made to order based on your chosen material, design, and measurements.
3.3 Variations
Due to the nature of stone and engineered materials, variations in colour, pattern, and texture may occur. Samples and our web images are for guidance only. Products are subject to batch variation and we cannot agree that subsequent orders will match the sample originally seen by the customer nor can we be responsible for products that are surplus to requirements.
3.4 Template, delivery and installation services
Our standard service includes templating, delivery and installation unless otherwise agreed.
3.5 Customer-supplied measurements
On some occasions it may be possible to complete an order as delivery or collection only. If you opt for supply-only, you are responsible for ensuring all measurements are correct and the installation takes place. We accept no liability for errors in supplied information or errors made upon installation. Our warranty does not apply to worktops that are not installed by us or on our behalf.
3.6 Accurate measurements
The measurements and requirements you supply to us for a quotation are approximate only and may be subject to a degree of inaccuracy until templates of worksurfaces are taken and checked for actual dimensions. The total price in your quotation is subject to confirmation following the template. The total final price may vary, as this will reflect the accurate measurements taken at template and any other changes to your order, for example additional items. We will confirm the final balance to you for approval before production of your worktops.
3.7 Validity of a quotation
The price from any quotation we have given to you is valid for one calendar month from date of issue. We reserve the right to change the price of your estimate after this date to reflect any increase in cost to us.
3.8 Sourcing and stock
Ongoing global supply chain changes may impact the procurement and delivery of our raw materials. We will do our very best to minimise the impact on customer orders but in some instances this is unavoidable. You may also choose to wait until your material is back in stock or choose another material, which may be subject to price changes.
4. Material Characteristics
4.1 Quartz (Atelier Range) – Colour, Pattern and Veining
Quartz is an engineered material; however, variations may occur between slabs and production batches, including differences in colour, tone, pattern, veining and aggregate distribution. Samples, photographs and showroom displays are for guidance only and do not constitute an exact representation of the finished worktop. Where a material contains veining or a pronounced pattern, the pattern may vary between individual pieces and cannot be guaranteed to continue seamlessly across joints. We will use reasonable care and professional judgement when planning the slab layout and fabrication.
4.2 Printed Quartz (Nexa Range) – Colour, Pattern and Veining
The material is a hybrid print-to-body engineered stone slab. The decorative surface is created using advanced printing technology, with the printed design absorbed into the quartz surface to a depth of approximately 1–2mm. The body of the slab is manufactured using conventional engineered quartz technology and is designed to complement the printed surface, including selected areas of veining and colour pattern. This material is not a true full-bodied stone, and the printed veining, colours and patterns do not necessarily continue through the full thickness of the slab. Only selected veins and colour patterns are incorporated into the underlying quartz body and may be visible on exposed edges and fabricated areas. Consequently, edges, cut-outs, sink grooves, drainer grooves, shaped areas and other fabricated or polished surfaces may reveal the underlying quartz base colour rather than the full printed surface design. The appearance of these areas may therefore differ from the main surface of the worktop. By approving the material, the customer acknowledges and accepts that the printed design is primarily a surface feature and that the appearance of exposed or fabricated areas may vary from the main worktop surface.
4.3 Surface and Fabrication
Minor variations, including small marks, pinholes, patches, surface irregularities or differences in sheen, may occur as part of the manufacturing and fabrication process. Edges, cut-outs, grooves, drainer areas and other fabricated surfaces may differ slightly in appearance from the main worktop surface. Such variations will not be considered a defect where they fall within the manufacturer’s stated tolerances.
4.4 Joints
Where more than one piece of material is required, joints will be necessary. Joint positions will be determined by slab dimensions, site measurements, access, design requirements, cut-outs and structural considerations. Where we provide installation, joints will be fabricated and installed using an appropriate colour-matched adhesive wherever reasonably practicable. Joints will remain visible to some degree and cannot be guaranteed to be invisible, particularly on materials with strong veining or contrasting patterns.
4.5 Cut-Outs and Design Changes
Sink, hob, tap and other cut-outs will be fabricated in accordance with the approved design and the manufacturer’s requirements. Changes requested after quotation, templating or approval may affect the price, design and joint positions and may be subject to additional charges. We reserve the right to make reasonable alterations to the design where required for fabrication, structural integrity, safe installation, access or compliance with the manufacturer’s requirements.
4.6 Overhangs and Support
Quartz worktops are heavy and require adequate support. The maximum permitted overhang will depend on the material thickness, design and support available. Any required additional support must be installed before fitting. We reserve the right to refuse or amend an overhang where, in our reasonable opinion, adequate support has not been provided. We will not be responsible for damage resulting from inadequate or defective supporting cabinetry, units, brackets or other structures supplied or installed by others.
4.7 Access, Weight and Installation
Quartz worktops are heavy and require appropriate handling. The size and configuration of individual pieces may be restricted by access to the property, including doorways, staircases, lifts and other site conditions. Where access or site conditions require additional handling, lifting equipment, smaller worktop sections or other modifications, additional costs may apply. We will not be responsible for delays, additional costs or alterations arising from access restrictions or site conditions that were not reasonably identifiable or disclosed before quotation or templating.
4.8 Heat and Damage
Quartz worktops are not heat-proof. Hot pans, baking trays and other heated items must not be placed directly onto the surface. Suitable heat-resistant protection must be used at all times. Damage caused by excessive heat, thermal shock, impact, misuse, inappropriate cleaning products, inadequate support or failure to follow the manufacturer’s care instructions will not be treated as a manufacturing or installation defect.
4.9 Tolerances and Manufacturer Requirements
All quartz worktops are subject to the manufacturer’s technical specifications, tolerances, care instructions and installation requirements. Variations that fall within the manufacturer’s accepted tolerances will not constitute a defect. Where applicable, the manufacturer’s warranty will apply in addition to any rights the customer may have under applicable law.
4.10 Tolerances Table
| Item | Tolerance |
|---|---|
| Worktops Glued Joints | 2mm +/- 1mm |
| Upstands / Splashback / Cladding Silicone Joints | 1mm +/- 1mm |
| Upstands / Splashback / Cladding Glued Joints | 2mm +/- 2mm |
| Gaps between worktops and walls | 4mm +/- 2mm |
| Gaps between worktops and tall housing | 2mm +/- 1mm |
| Gaps between upstands and walls | 4mm +/- 2mm |
| Gaps between cladding and wall units | 4mm +/- 2mm |
| Gaps between splashback and extractor | 4mm +/- 2mm |
| Overhang on units – consistency from carcass | +/- 2mm |
| Overhang on end panels – consistency from carcass | +/- 2mm |
| Overhang on internal corner posts | 10mm +/- 2mm |
| Overhang on external corner posts | 10mm +/- 2mm |
| Overhang on undermount sinks | 4mm +/- 2mm |
| Overhang on window cills | 5mm +/- 2mm |
| Overhang on breakfast bars | 20mm Max 300mm +/- 5mm |
| Overhang on breakfast bars | 30mm Max 300mm +/- 5mm |
| Material pitting size conformity tolerance | <1.5mm diameter |
| Material contaminants size conformity tolerance | <1.5mm diameter |
5. Your Rights to Make Changes
5.1 Changes before production
After you place your order, changes may be made before the template or during the template. Any changes you wish to make after the template will be subject to the production timescales. If production has already started, then these changes may not be able to take place. Where changes are possible, we will confirm any resulting changes to the price, specification or estimated timescale. Once you have approved the final specification following the template and production has commenced, changes may no longer be possible.
5.2 How to request a change
To request a change to your order, please contact Bernini as soon as possible. We will confirm whether the requested change is possible and, where applicable, any effect on the price, specification or installation date. We will obtain your agreement before proceeding with any changes.
6. Our Rights to Make Changes
6.1 Minor changes
Bernini may make minor changes to the Product where reasonably necessary:
- to reflect the findings of the template, including minor adjustments to dimensions or specifications;
- to comply with changes in applicable laws or regulatory requirements; or
- to make minor technical improvements.
Such changes will not materially alter the Product you have agreed to purchase.
6.2 Significant changes
If the template identifies a need for a significant change to the Product, we will explain the proposed change and its effect on the order. We will obtain your agreement before proceeding with the amended Product.
7. Template of Your Worktop
7.1 Booking your template
Once you have accepted our quotation and paid the required deposit, we will arrange a suitable date for the template. We will use reasonable efforts to accommodate your preferred date, but appointments are subject to availability and cannot be guaranteed. We may need to change an appointment due to the availability of our templating team or circumstances outside our reasonable control. If this happens, we will contact you to arrange an alternative date.
7.2 Changing your template appointment
Once your appointment has been booked, we will confirm the date and time in writing. If you need to change your appointment, please notify us as soon as reasonably possible and, where possible, at least 2 working days before the appointment. Where a late cancellation or rearrangement results in costs being incurred by Bernini, we may charge a reasonable and proportionate fee reflecting those costs. We will inform you of the applicable charge before arranging a replacement appointment.
7.3 After the template
Following the template, we will provide you with an updated final price and specification where necessary, including any agreed additions or changes identified during the template. You should carefully check the final details before confirming them. Minor amendments may be possible at this stage. Significant changes to the specification, such as changes to edge profiles or other design options, may require a further template and may result in additional reasonable costs. We will advise you of any additional costs before carrying out the further template. Once the final specification and price have been confirmed, the remaining balance will become payable in accordance with your order.
7.4 Where a template cannot be completed
If a template cannot be completed because the kitchen or installation area is not ready, or because existing worktops or other items that need to be removed have not been removed, we may need to rearrange the appointment. Where this results in costs being incurred by Bernini, we may charge a reasonable and proportionate rearrangement fee reflecting those costs. We will advise you of any applicable charge before a further appointment is arranged.
9. Delivery and Installation of Your Worktop
9.1 Delivery and installation
Unless otherwise agreed, the price of your order includes delivery and installation of your worktop. Following completion of the template and confirmation of the final specification, we will contact you to arrange a delivery and, where applicable, installation date. If you choose not to use Bernini’s installation service, you will be responsible for arranging the installation of your worktop.
9.2 Delivery and installation dates
We will use reasonable efforts to accommodate your preferred delivery and installation date. All dates are subject to availability and may need to be changed due to circumstances outside our reasonable control, including staff or vehicle availability, site conditions, adverse weather or other unforeseen events. If we need to change an agreed date, we will contact you as soon as reasonably practicable to arrange an alternative date. We are not responsible for losses arising solely from delays caused by circumstances beyond our reasonable control, to the extent permitted by law.
9.3 Your responsibilities
You must ensure that:
- someone is available at the property at the agreed delivery and installation time;
- we have safe and reasonable access to the property;
- the property and installation area are ready for installation; and
- you have followed any preparation requirements or installation guidance provided by Bernini.
Our template and installation requirements will be provided before the template appointment.
9.4 If installation cannot be completed
If we are unable to complete the installation because the installation area is not ready, access is unavailable, or you have not followed the preparation requirements, we may need to rearrange the installation. Where this results in reasonable additional costs being incurred by Bernini, we may charge those costs to you. We will explain any applicable charges before arranging the further installation where reasonably practicable.
9.5 Temporary suspension of supply
We may temporarily suspend work where reasonably necessary:
- to deal with technical problems or make minor technical changes;
- to comply with changes in applicable laws or regulatory requirements; or
- to implement changes to the Product agreed with you or otherwise permitted under these Terms.
Where practicable, we will notify you in advance and explain the reason for the suspension and its expected duration.
9.6 If we suspend supply for a prolonged period
If we suspend supply for a prolonged period and you have a legal right to end the contract as a result, we will provide you with information about your options and refund any sums due in accordance with applicable law.
9.7 Non-payment
If you do not make a payment when it is due, we may suspend further work or supply after notifying you of the overdue amount and giving you a reasonable opportunity to make payment. We will not suspend supply or installation where doing so would prevent you from exercising a statutory right.
9.8 Other trades and contractors
Delivery and installation dates provided by Bernini are estimates unless we have expressly agreed a fixed date in writing. You should take this into account when arranging other trades or contractors. To the extent permitted by law, Bernini will not be responsible for additional costs you incur from other trades or contractors where those costs arise solely from a delay or change to a delivery or installation date.
10. Cancelling My Order
10.1 Cancellation before the template
You may ask to cancel your order before the template appointment by contacting Bernini as soon as possible. Where cancellation is permitted, we will refund amounts paid in advance, less any reasonable and proportionate costs that Bernini has already incurred specifically in connection with your order and which cannot reasonably be recovered or avoided. If we have already ordered materials specifically for your Product, a return, cancellation or restocking charge may apply where the supplier charges Bernini for returning or cancelling those materials. We may pass on such charges to you where they are reasonable and proportionate and permitted by law. We will provide details of any applicable deduction before processing your refund.
10.2 Cancellation after the template
Following the template, your worktop may be manufactured or otherwise prepared specifically to your measurements and requirements. Depending on the stage reached and the nature of the Product, cancellation rights may therefore be limited. If you ask to cancel after the template but before production has commenced, we will confirm whether cancellation is possible and explain any reasonable and proportionate costs already incurred. Once production has commenced, cancellation may no longer be possible where the Product has been made to your specifications or is otherwise exempt from a statutory cancellation right.
10.3 How to cancel
To request cancellation, please contact Bernini using the contact details provided in your order confirmation. Please include your name, address and contact details so that we can identify your order.
11. Your Rights if There Is a Problem With the Product
11.1 Your legal rights
Bernini is legally required to supply Products that comply with the contract. This includes, where applicable, requirements that the Products are of satisfactory quality, fit for their intended purpose and as described. Where installation is provided by Bernini, the installation service must also be carried out with reasonable care and skill. These rights are in addition to any warranty or guarantee that may apply to your Product.
11.2 If there is a problem with your Product
If your Product does not comply with the contract, you may have legal rights to ask us to repair or replace it. The remedy available will depend on the nature of the problem, when it is identified and the requirements of applicable law.
11.3 How to report a problem
If you believe there is a problem with your Product or its installation, please contact Bernini as soon as reasonably possible. Please provide your name, address, and, where possible, details and photographs of the issue. You can contact us using the contact details provided in your order confirmation or on our website. We will assess the issue and explain the appropriate next steps in accordance with your legal rights and these Terms. You can find further information about your statutory consumer rights from Citizens Advice or GOV.UK.
12. Warranties
12.1
We are under a legal duty to supply products that are in conformity with this contract. In addition to your legal rights in relation to Products that we supply please see our warranty listed on our webpages.
13. When We Are Not Responsible for a Problem With the Product
13.1
Subject to your statutory rights, Bernini will not generally be responsible for a problem with a Product where the problem has arisen directly as a result of:
- you failing to comply with these Terms or any agreed requirements relating to your order;
- you failing to follow Bernini’s reasonable written instructions relating to the storage, use or maintenance of the Product;
- the Product being damaged, altered or repaired by you or a third party after delivery or installation, other than where the alteration or repair was carried out with Bernini’s approval or the problem was not caused by that alteration or repair;
- Bernini having manufactured or supplied the Product in accordance with a drawing, design, specification or instruction provided or approved by you, where the resulting problem arises from that specification or instruction;
- fair wear and tear, accidental damage, misuse, negligence or abnormal use of the Product after delivery or installation; or
- a change being necessary to comply with applicable laws, regulations or safety requirements.
Where we rely on any of the above, we will consider the circumstances of the individual case and whether the issue is in fact caused by the relevant act, omission or circumstance. The terms of these conditions shall apply to any repaired or replacement Products supplied by us.
14. Care and Maintenance
14.1
Bernini’s care and maintenance guidelines for our Products are available on our website. You should follow these guidelines to help maintain the appearance, performance and condition of your worktop. Failure to follow the recommended care and maintenance instructions may result in damage or deterioration that would not otherwise occur. Where a problem with the Product has been caused by failure to follow our reasonable care, use or maintenance instructions, Bernini will not accept liability.
15. Return of Rejected Products
15.1
Where you exercise a legal right to reject a Product because it does not conform to the contract, Bernini may arrange for the Product to be returned or, where appropriate, collected from you. We will discuss the arrangements with you when you notify us of the problem and will provide reasonable instructions for the return or collection of the Product.
16. Our Rights to End the Contract
16.1
We may end the contract by contacting you if:
- you do not make a payment when it is due and, after we remind you that payment is overdue, you do not make the payment within 14 days; or
- you do not, within a reasonable period, provide us with reasonable access to your property when required to carry out the template, deliver the Products or complete the installation.
16.2
If we end the contract for one of the reasons set out in clause 16.1, we will refund any amounts you have paid in advance for Products that we have not provided. We may deduct or charge you reasonable and proportionate costs that Bernini has incurred as a direct result of your failure to comply with the contract, including, where applicable:
- reasonable costs already incurred in carrying out the template;
- reasonable costs incurred where we have attended your property but have been unable to carry out the template, deliver the Products or complete the installation because the required access or preparation was not available;
- reasonable storage costs where we have been unable to deliver the Products because of your failure to accept delivery or provide access;
- reasonable costs of materials, fabrication and labour already incurred where production of your bespoke worktop has commenced and those costs cannot reasonably be recovered or avoided; and
- any other reasonable and proportionate costs that we have directly incurred as a result of your breach of the contract.
17. Price and Payment
17.1 Price of the Products
The price payable for your order will be the price set out in your quotation and confirmed in your order confirmation, including VAT and any mandatory delivery, installation or other charges applicable to your order. The price may be updated following the template where the final dimensions, specification, materials, accessories or other agreed requirements change. We will provide you with an updated price for your approval before proceeding with any material change.
17.2 Pricing errors
We take reasonable care to ensure that prices provided to you are accurate. If we identify an obvious pricing error before your order is accepted, we will contact you and give you the opportunity to proceed at the correct price or cancel the order. If we have accepted your order and subsequently identify an obvious and unmistakeable pricing error which you could reasonably have recognised as an error, we may end the contract, refund any payments you have made and, where applicable, arrange for any Products already supplied to be returned.
17.3 Kitchen worktops – deposit and final payment
When you accept our quotation and wish to proceed, we will require a 50% deposit to secure your template appointment and material. Following completion of the template, we will confirm the final specification and price, including any agreed additions or changes identified during the template. You will then be required to pay the remaining balance before we proceed with fabrication and arrange delivery and installation, unless we have agreed alternative payment terms with you in writing. Payment may be made by bank transfer or by debit or credit card through the payment methods offered by Bernini.
18. Our Responsibility for Loss or Damage Suffered by You
18.1 Loss or damage caused by us
Bernini is responsible for loss or damage you suffer that is a reasonably foreseeable result of our breach of these Terms or our failure to exercise reasonable care and skill when providing our services. Loss or damage is foreseeable where it is an obvious consequence of our breach or, at the time the contract was made, we and you knew that it might occur.
18.2 Liability we cannot exclude
Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited.
This includes liability for:
- death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
- fraud or fraudulent misrepresentation;
- breach of your statutory rights in relation to the Products or services;
- failure to provide services with reasonable care and skill; and
- liability arising under applicable product safety or defective product legislation.
18.3 Damage to your property
Where Bernini provides templating, delivery or installation services at your property, we will take reasonable care to avoid causing damage. If we cause damage to your property while providing these services, we will be responsible for putting the damage right or compensating you for the reasonable cost of doing so, subject to applicable law. We are not responsible for pre-existing damage, defects or structural problems that were not caused by us, including damage that becomes apparent only because of work being carried out at the property.
18.4 Losses relating to business use
Our Products and services are supplied for domestic and private use unless we have expressly agreed otherwise in writing. Where the contract is entered into for business or commercial purposes, any limitation of liability will be subject to applicable law and the terms expressly agreed with you.
19. How We May Use Your Personal Information
19.1 How we use your personal information
We will use the personal information you provide to us to:
- process and manage your order and provide the Products and services to you;
- process payments and, where applicable, arrange finance or other payment services;
- contact you about your order, including arranging templating, delivery and installation;
- provide customer service and deal with enquiries, complaints and after-sales support;
- comply with our legal and regulatory obligations; and
- where permitted by law and, where required, with your consent, send you information about Bernini’s products, services and offers. You can opt out of marketing communications at any time.
19.2 Sharing your personal information
We may share your personal information with third parties where this is necessary to provide our Products and services or to operate our business. This may include payment providers, finance providers, template providers, delivery and installation partners, IT and software service providers, professional advisers and other service providers acting on our behalf. We may also disclose personal information where required or permitted by law. Bernini will only share the personal information that is reasonably necessary for the relevant purpose and will handle it in accordance with applicable data protection law.
19.3 Further information
Further information about how Bernini collects, uses, stores and protects personal information, your rights in relation to your personal information, and how to contact us about data protection matters is set out in our Privacy Notice.