Customer Terms & Conditions
In this document the following words shall have the following meanings:
1.1 “Buyer” means the person who buys Goods from the Seller;
1.2 “Consumer” shall have the meaning given in section 12 of the Unfair Contract Terms Act 1977;
1.3 “Goods” means the articles that the Buyer agrees to buy from the Seller;
1.4 “List Price” means the list of prices of the Goods maintained by the Seller as amended from time to time;
1.4 “Seller” means KBS Depot Ltd, Hill View, Thetford Road, Northwold, Thetford, Norfolk, IP26 5LQ
1.5 “Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller and Buyer.
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall have equal effect with any other documentation or communication from the Buyer.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order and will give reasons for doing so.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions shall not take effect unless agreed in writing by both parties to the contract.
2.5 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.6 Business Address: Hill View, Thetford Road, Northwold, Thetford, Norfolk, IP26 5LQ
2.7 VAT registration number GB 361 2894 87
2.8 Company registration number 12802879
3. PRICE AND PAYMENT
3.1 The price of the Goods shall be that stipulated in the Seller’s current List Price on the Seller’s website or as contained in the Seller’s Quotation (as applicable) at the date of order, or as agreed between the parties. The total price is inclusive of VAT plus any delivery charges.
3.2 Payment of the total purchase price (including VAT and any delivery charges) must be made in full before despatch of the Goods unless an account facility is already set up with seller by the buyer (all councils and schools automatically receive a 30 day credit account see 3.3)
3.3 Orders placed on account facilities will be acknowledged (using buyers order number where appropriate) as quickly as possible. An invoice will only be raised when the goods are despatched and the buyer has 30 days to pay from that date.
3.4 The Seller reserves the right to decline and refund (in full) any sales where an incorrect price has been published on the website due to human or technical error.
4.1 Delivery of the Goods shall be made by the Seller notifying the Buyer that the Goods are available for delivery to such place and on such terms as agreed between the Seller and the Buyer at the time the order is placed.
4.2 All Goods, wherever possible, will be delivered within 28 days (6 weeks in the case of benches with cast bronze or cast aluminium plaques) of the order being placed (unless otherwise agreed with the Buyer) and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are ready for delivery.
4.3 The Seller shall use its reasonable endeavours to meet any date stated for delivery.
4.4 Some Goods may not be in stock at the time the order is placed. In the event that the Seller is unable to deliver the Goods within the time specified in Clause 4.2, the Seller will contact the Buyer to advise of the situation and the Buyer shall be entitled to cancel the order and receive a full refund or agree a later delivery date.
4.5 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
4.6 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.
4.7 The seller reserves the right to charge for additional delivery costs incurred in shipping to the Highlands and Islands of Scotland, Northern Ireland, Isle of Man, Isle of Wight and the states of Jersey
5. CANCELLATION AND RETURNS
5.1 The Buyer shall inspect the Goods as soon as reasonably possible after receipt and shall notify the Seller within a reasonable time of delivery if the Goods are damaged or do not comply with any part of the Contract.
5.2 Where a claim of defect or damage is made then it shall be the responsibility of the Seller to collect the Goods. If the goods are returned by the Buyer they shall be entitled to replacement Goods or a full refund (including delivery costs, if applicable) plus any return postal charges if the Goods are in fact defective.
5.3 Goods to be returned must clearly show the order number obtained from the Seller on the package.
5.4 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
5.5 Where Goods are purchased via the internet, by mail order or by phone or fax, the Buyer has the right (except where the goods have been personalised and therefore cannot be resold) in addition to any other rights, to cancel the Goods and receive a refund by informing the Seller in writing or by email within 14 days of receipt of the Goods. Goods must be returned at the Buyer’s cost and should be adequately insured during the return journey. The Buyer shall receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges within 30 days of cancellation.
In addition to the Buyer’s statutory rights, the Seller guarantees all Goods against faulty workmanship and materials for a minmum period of one year from the date of delivery, although many items may have a longer guarantee, depending on the manufacturer, details of which will be included in the product description
7. LIMITATION OF LIABILITY
7.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury.
8. OTHER CONSEQUENCES
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, pandemics, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply.
9. SEVERANCE OF CONTRACT TERMS AND CONDITIONS
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be removed and where possible the remainder of the provisions shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision removed.
10. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.