TERMS AND CONDITIONS OF ONLINE SALES
Please read these general terms and conditions of sale (the “Terms and Conditions”) carefully before ordering our products (the “Products”) and services (the “Services”).
By using our website for any such order, you signify your agreement to be bound by these Terms and Conditions.
Please note we offer a wide range of Products and Services, whose description on the website may differ from the actual products as regards colour, shape and size, and sometimes additional terms may apply. In such case, you will be notified accordingly.
Corporate details
Please be advised of our corporate details as follows.
Company name and address: Kenwood Limited, New Lane, Havant, Hampshire PO9 2NH
Registered in England and Wales
No: 872044
VAT Registration Number: GB 486989749
1. General
1.1. These Terms and Conditions shall apply to all offers and agreements concluded via the website of our company.
1.2. The word “customer” shall mean any person visiting our website or any natural person or legal person entering into any kind of contractual relations with our company.
1.3. Our company reserves the right to make any changes to its website, policies, and terms and conditions, including these Terms and Conditions at any time. Any customer shall be subject to the terms and conditions, policies and Terms and Conditions in force at the time that the customer orders products from our company, unless any change to those terms and conditions, policies or these Terms and Conditions is required to be made by law or government authority (in which case it may apply to orders previously placed by you).
1.4. If any of these Terms and Conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
2. Age. Your account. Orders. Offer, availability and acceptance
2.1. In order to contract with our company you must be at least 18 years old. If you are under 18 you may use our services only with the involvement of a parent or guardian. If you are ordering for any other person, it is your responsibility to ensure that the intended recipient is of the appropriate age to view and use the product.
2.2. Using our website services you are liable to keep your account and password confidential. To the extent permitted by applicable law, you also agree to accept responsibility for all activities that occur under such account and password.
2.3. You are responsible for ensuring that the details provided to our company are correct and complete, informing us if any changes occur and updating the information provided to our company in the related area of the website.
Our company reserves the right to refuse service, terminate accounts or remove or edit content if the customer is in breach of applicable laws, these Terms and Conditions or any other applicable terms and conditions, guidelines or policies.
2.4. By placing an order you are offering to purchase a product on and subject to these Terms and Conditions. An order via the website shall be an irrevocable offer and shall not lead to an agreement when our company sends you an acknowledgement confirmation via e-mail to the e-mail address you provided us with.
Our company accepts your offer and concludes an agreement with you (the “Contract”) only when we dispatch the Product(s) and send you the related Shipping e-mail confirmation.
A purchase order may be cancelled only with our company’s prior written consent and before the Products are arranged for being dispatched.
2.5. All orders are subject to availability and confirmation of the order price and quantities. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
2.6. Please note that our company sells products only in quantities which correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product. Our company therefore reserves the right to limit the purchase options of its customers as far as quantities are concerned whenever it deems that they are not serving the typical needs of an average household.
3. Prices and payments
3.1. All prices shall be in GBP and include all applicable taxes. Prices invoiced will be those current at the date of dispatch. Errors and omissions in respect of any price, or clear or easily perceivable inaccuracies and prices that have clearly occurred through manipulation, are subject to correction by our company within a reasonable time, even after the Contract is concluded.
3.2. The prices stated shall not include freight, which shall be borne by the customer. The total amount as stated on the page “Order Summary” and confirmed by our company via e-mail shall be the total amount payable by the customer for the ordered Products, including all taxes, levies, environmental contributions and freight costs.
3.3. Whilst our company tries to ensure that all Products’ details, descriptions and prices which appear on its website are accurate, errors may occur anyway. Should our company discover an error in the price of any ordered Products, as soon as possible before Products’ dispatch our company will give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you our company will treat the order as cancelled.
3.4. Our company may from time to time offer promotional discount codes to apply in respect of any, or certain specified, Products’ purchases made though this website. Any related special terms and conditions shall be specified at the time of issue. Promotions and/or extended guarantee periods are not applicable for graded goods or goods purchased from the Factory Seconds Shop.
3.5. In order to contract with our company you must possess a valid credit or debit card issued by a bank acceptable to us. Our company retains the right to refuse any request made by you. If your order is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the Products.
3.6. Upon receiving your order our company carries out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Products will not be dispatched until this pre-authorization check has been completed. Your card will be debited once the order has been accepted.
4. Delivery
4.1. The delivery address stated by the customer and confirmed by our company via e-mail shall be considered the correct address for the delivery.
4.2. The customer shall send a separate order form for each address if the customer wishes to order products that must be sent to various addresses.
4.3. Time of delivery shall not be of the essence of the Contract and any delivery or dispatch dates provided shall serve as an estimate only stated indication and not as a final deadline. Our company reserves the right to extend times for deliveries by reasonable periods if the delay is due to an event beyond our reasonable control.
4.4. If a Product that has been ordered is no longer in stock, this may lead to a delay in the entire order. For Products that are temporarily not in stock, our company may state approximately when they shall be available once more.
4.6. In any case, our company shall not be liable for damages resulting from non-delivery or late-delivery with respect to the delivery dates originally stated.
5. Risk and Title
5.1. Upon delivery of the Products to the delivery address indicated in the purchase order, risk shall pass to the customer.
5.1. Upon payment in full for the Products, ownership shall pass to the customer.
6. Return Policy Returning products
6.1. Consumers may terminate the agreement without penalty and without stating reasons within 14 working days of delivery of the respective product. You must then return the product within a further 14 working days to the return address stated on the accompanying invoice, in accordance with the “Information concerning the exercise of the right of withdrawal” enclosed with these Terms and Conditions.
6.2. The product shall be returned unused and in its original condition and packaging and conform to the return instructions of our company as enclosed with the consignment together with the guarantee cards, handbooks, accessories and with a discount or products delivered free of charge. With such respect, the customer may also contact our company by telephone at the following number: 023 9239 2333. This number shall be accessible from Monday to Thursday from 09.00 to 16.50 and Friday from 09.00 to 12.20. If the product is used or damaged the company choose the relevant remedy at its discretion.
6.3. If the above is complied with the company shall a refund for the corresponding amount.
7. Warranty
7.1. The customer shall check the products delivered immediately upon receipt for visible defects and functioning. Graded goods or products purchased from our Factory Seconds store may be supplied with cosmetic blemishes or packaging damage, or in a previously repaired state.
7.2. The customer shall inform our company within 30 days of discovery if the goods delivered do not fulfil the agreement.
7.3. If a delivered product fails to fulfil the guarantee conditions that accompany the delivered product or does not conform to the agreement, the customer shall contact our company at the following number: 023 9239 2333.
This number shall be accessible from Monday to Thursday from 09.00 to 16:50 and Friday from 9.00 to 12.20.
The customer shall provide the invoice number to provide the proof of purchase. Upon receipt of the Return Merchandise Authorisation code, the product shall be sent to the service centre at the address stated by our company unless agreed otherwise in writing.
7.4. Our company on returning the product shall repair or replace it or refund the purchase price in accordance with the laws, rules and regulations in force in the United Kingdom choosing the relevant remedy at its own discretion and at its own expense.
7.5. It is understood that the aforementioned warranty conditions shall only apply as far as they do not infringe compulsory legal conditions.
8. Limitation of liability
8.1. Our company does its best to ensure an uninterrupted and error-free availability of the services. Nevertheless, this cannot be always guaranteed by the nature of internet system, because of technical suspensions or restrictions that may take place, related or not to repairs, maintenance, or new services being carried out. Our company shall do its best to limit the number and the duration of such suspensions or restrictions.
8.2. Our company will not be responsible for any delay or failure which arises from any cause which is beyond our reasonable control, and in any case for (i) losses that were not caused by any breach of our company, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to any party when the contract for the sale of products with our company was formed.
8.3. These Terms and Conditions do not affect the consumer’s legal right to have goods sent or services provided within a reasonable time or to receive a refund if ordered goods or services cannot be delivered within a reasonable time owing to a cause beyond our reasonable control.
8.4. Our company’s liability towards a customer, not being a consumer shall be limited to the purchase price of the product. Our company shall never be responsible for indirect damages.
8.5. Our company’s liability in the agreement with the customer shall not be limited further than what can be legally excluded. Nothing in these conditions, however, shall limit or exclude our company’s responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.
9. Governing Law and Jurisdiction
9.1. These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales. The applicability of the United Nations Convention on Contracts for International Sale of Goods is hereby explicitly excluded.
9.2. Our company shall try to solve any disagreements quickly and efficiently. We both agree to submit to the non-exclusive jurisdiction of the courts of England and Wales, which means that the consumer may bring a claim to enforce any consumer protection rights in connection with these Terms and Conditions in England and Wales or in the EU country in which the consumer lives.
9.3 The European Commission provides for an out-of-court settlement procedure: the Online Dispute Resolution. The competent bodies are listed on the site: http://ec.europa.eu/consumers/odr/
YOUR ACCOUNT
Using any website service the customer is responsible for maintaining the confidentiality of his/her account and password and for restricting access to his/her computer, and to the extent permitted by applicable law the customer agrees to accept responsibility for all activities that occur under his/her account or password. The customer shall take all necessary steps to ensure that the password is kept confidential and secure and should inform our company immediately if he/she has any reason to believe that his/her password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorized manner.
The customer is responsible for ensuring that the details provided to our company are correct and complete, and for informing us of any changes to the information provided. The customer can access and update much of the information provided to our company, including any account settings, in the related area of the website.
Our company reserves the right to refuse service, terminate accounts or remove or edit content if the customer is in breach of applicable laws, these Terms and Conditions or any other applicable terms and conditions, guidelines or policies.
Information concerning the exercise of the right of withdrawal
Model instructions on withdrawal
Right of withdrawal
Dear Customer,
You have the right to withdraw from this contract within 14 (fourteen) days without giving any reason.
The withdrawal period will expire after 14 (fourteen) days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform our company of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post to Kenwood Limited, New Lane, Havant, Hampshire PO9 2NH, or e-mail customer.experience@kenwood.co.uk and/or calling us on (023) 9239 2333. You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 (fourteen) days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods (complete product including instruction manual, accessories, original packaging, original or copy invoice and other extra materials), without undue delay and in any event not later than 14 (fourteen) days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 (fourteen) days has expired.
Please be aware that you will have to bear the direct cost of returning the goods.
The cost is estimated at a maximum of approximately £5.00 for a kettle, but will increase with heavier items such as a Kitchen machine. The cost will also vary according to the carrier used.
Please be aware that we will have to bear the direct cost of returning broken or non-functioning goods, or wrongly sent/invoiced goods.
You remain liable for any diminished value of the goods resulting from the goods not being returned in the original condition.
Model withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract)
To Kenwood Limited
I/We ………………... hereby give notice that I/We ………….. withdraw from my/our ………….. contract of sale of the following goods ……………..
Ordered on …………./received on ………………
Name of consumer(s) ………………….
Address of consumer(s) ……………….
Date …………………….
