TERMS AND CONDITIONS FOR USE.
THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS PAGE:
BY ACCESSING THIS PAGE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US.
IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS PAGE.
The website is operated by: KSM
We are VAT registered and Our contact details are as follows:
KSM,
Hurst Lane,
Tipton,
West Midlands,
DY4 9AB.
United Kingdom
General email: Ksm_trading2000@hotmail.com
Telephone number: +44 07596 335089
1. INTRODUCTION
1.1 You will be able to access most areas of this page without registering your details with us. Certain areas of this page are only open to you if you register.
1.2 We may revise these terms and conditions at any time by updating this posting. You should check this page from time to time to review the then current terms and conditions, as they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this page.
2. ORDERING FROM US
2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will question the products you have ordered by asking for the REG.No and pictures of the vehicle.
2.2 Our acceptance of an order takes place when we change the order status to pending. We will send you a dispatch confirmation by email. When we dispatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.
2.3 If you place an order via the phone or internet you warrant that you are legally capable of entering into a contract of sale and you are at least 18 years old and reside in the UK.
2.4 We may refuse to accept an order:
1. Where goods are not available;
2. Where we cannot obtain authorisation for your payment;
3. If there has been a pricing or product description error; or
4. If you do not meet any eligibility criteria set out in our terms and conditions.
2.5 We promise we'll do everything we can to ensure you receive your order within the time-frame specified. Occasionally events beyond our control may result in your parcel being delayed whilst it is with the courier and we cannot be held responsible for such delays.
2.6 All parcels are fully insured and if your parcel is lost or delayed, let us know and we'll act quickly to locate it, bearing in mind the points below. All claims for missing items must be made within 24 hours of the date you receive the parts.
2.7 If you have not received your parcel. Please call us or send a message via eBay messages and we'll get back to you quickly with a response and tracking information.
2.8 If you are not available to sign for your delivery, the courier will leave a card to advise that delivery has been attempted. To re-arrange delivery or arrange to collect the parcel, please follow the instructions on the card.
3. PRICING AND SHIPPING
3.1 Our prices are inclusive of VAT as we registered for VAT.
3.2 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this page
3.3 Our prices are reviewed periodically and are subject to alteration without prior notification.
3.4 Pricing does not include International duties/ customs fees.
We use your package weight and product shipping restrictions to match your order with a carrier; we are unable to request a specific carrier.
3.5 Pricing can fluctuate due to market and currency conditions. We reserve the right to increase or lower pricing without prior notification or consent.
3.6 If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.
4. CANCELLATION AND RETURNS POLICY
4.1 If you wish to cancel your order:
1. You can notify us by email before we have dispatched the goods to you;
2. Or
3. You can notify us via telephone before we have dispatched the goods to you
4. Where goods have already been dispatched to you, by returning goods to us in accordance with clause 4.2 below.
4.2 You can return goods you have ordered from us for any reason at any time within 14 days of receipt for a full refund or exchange*. The costs of returning goods to us shall be borne by you.
4.3 Upon receipt of the goods we will give you a full refund of the amount paid or an exchange credit as required.
4.4 The rights to return the goods to us as referred to in clause 4.2 and 4.3 will not apply in the following circumstances: -
1. in the event that the product has been used or fitted or tampered with.
2. to any products that we have made or customized specifically for you
3. to any special ordered products.
4. if items are not returned to us in a fully resalable condition with all of the original packaging supplied
The provisions of this clause 4.4 do not affect your statutory rights.
5. LICENCE
5.1 You are permitted to print and download extracts from this page for your own use on the following basis:
1. no documents or related graphics on this page are modified in any way;
2. no graphics on this page are used separately from accompanying text;
3. and
4. any of our copyright and trade mark notices and this permission notice appear in all copies.
5.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this page (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this page automatically terminates and you must immediately destroy any downloaded or printed extracts from this page
5.3 Subject to clause 5.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
5.4 Any rights not expressly granted in these terms are reserved.
6. SERVICE ACCESS
6.1 While we endeavour to ensure that this page is normally available 24 hours a day, we will not be liable if for any reason this page is unavailable at any time or for any period.
6.2 Access to this page may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
7. VISITOR MATERIAL AND CONDUCT
7.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this page will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
7.2 You are prohibited from posting or transmitting to or from this page any material:
1. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
2. for which you have not obtained all necessary licences and/or approvals;
3. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world;
4. or
5. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
7.3 You may not misuse the Website (including, without limitation, by hacking).
7.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 7.2 or 7.3.
8. LINKS TO AND FROM OTHER WEBSITES
8.1 Links to third party websites on this page are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
8.2 If you would like to link to this page you may only do so on the basis that you link to, but do not replicate, the home page of this page and subject to the following conditions:
1. you do not remove, distort or otherwise alter the size or appearance of the logo;
2. you do not create a frame or any other browser or border environment around this Website;
3. you do not in any way imply that we are endorsing any products or services other than our own;
4. you do not misrepresent your relationship with us nor present any other false information about us;
5. you do not otherwise use any trade marks displayed on this page without our express written permission;
6. you do not link from a website that is not owned by you;
7. and
8. your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations. We expressly reserve the right to revoke the right granted in this clause 8.2 for breach of these terms and to take any action we deem appropriate.
8.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 8.2.
9. REGISTRATION
9.1 To register with you must be over eighteen years of age.
9.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
9.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
9.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
10. DISCLAIMER
10.1 While we endeavour to ensure that the information on this page is correct, we do not warrant the accuracy and completeness of the material on this page. We may make changes to the material on this page, or to the products and prices described in it, at any time without notice. The material on this page may be out of date, and we make no commitment to update such material.
10.2 The material on this page is provided 'as is' without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this page on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this page
11. LIABILITY
11.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this page ), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this page in any way or in connection with the use, inability to use or the results of use of this page, any websites linked to this page or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this page or your downloading of any material from this page or any websites linked to this page
11.2 Nothing in these terms and conditions shall exclude or limit our liability for
1. death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977);
2. fraud;
3. misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
11.3 If your use of material on this page results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
11.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this page, or the use by any other person using your registration details.
11.5
KSM, recommends that you employ a competent garage/ Auto electrician/ specialist to complete installation of our supplied products.
KSM is not responsible for any problems or damage that occurs as a result of a 3rd party installation.
KSM is by law not able to provide instructions diagrams for all products we offer.
KSM is not responsible for any cost that may arise from improper installation of any product we offer.
All parts a customer finds defective must be returned at the customer's expense for inspection before a replacement is dispatched.
All parts will be inspected by us and if found to be defective a replacement and/or repair to parts will be sent. If no defect is found, the customer is responsible for all shipping costs of all parts. The shipping costs must be paid by customer prior to any parts being sent back to the customer.
KSM does not cover installation costs under any circumstances. This includes and is not limited to incorrectly manufactured, or incorrectly supplied products.
If an issue occurs KSM will endeavour for the manufacturer to assist with resolution directly with the customer. However, KSM will not accept any responsibility if the manufacturer chooses to not assist.
12. GOVERNING LAW AND JURISDICTION
12.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
12.2 We do not warrant that materials/items for sale on the page are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
13. MISCELLANEOUS
13.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
13.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
13.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
14. RIGHT TO SUB CONTRACT
Unless otherwise agreed KSM shall be entitled to sub-contract all or any part of the work.
15. WARRANTY
15.1 In addition to your Statutory Rights, a Parts & Labour Warranty is provided for a period of 12 months (or within 12,000 miles - whichever comes first) of work carried out by a qualified auto electrician / specialist. The Warranty covers replacement defective parts or related workmanship. Parts warranty is subject to the manufacturers guidelines and warranty terms.
15.2. The Warranty is dependent upon:
15.2 (a). KSM being given an opportunity to investigate or rectify any faults within a reasonable time frame
15.2 (b). The manufacturer's vehicle operating instructions being followed.
15.2 (c). Having the vehicle serviced according to the manufacturer's recommended schedule (at the time or distance specified).
15.2 (d). Full compliance with KSM advisories, warnings and information or any instructions provided by KSM
15.2 (e). The parts or workmanship carried out not being subjected abnormal conditions or unreasonable wear and tear.
15.3 Car lighting
We guarantee the Car lighting supplied by KSM fitted to your vehicle for the period during which you remain the registered keeper of the vehicle, or for the period stated in Clause 1 below for specific items. All guarantees are subject to the conditions and limitations set out below. Your statutory rights are not affected by this guarantee.
Claims under Guarantee In the unlikely event of experiencing a defect in your car lighting supplied from KSM, we will repair or replace at our option any defective part. The item must be returned us. In order to make a claim you will be required to produce the original invoice and the registration document for the vehicle / the registration and picture evidence before any repairs or replacements carried out under the guarantee.
• Please note that all guarantees are subject to the conditions and limitations set out below.
Conditions and Limitations of Guarantees
• Damage caused by physical impact of any kind, including impact with speed restriction bumps is not covered by the guarantee.
• Non standard use of the vehicle (e.g. competition or circuit use) invalidates the guarantee. Alterations or modifications carried out to the system by any third party invalidates the guarantee.
• This guarantee does not cover any form of consequential loss or damage howsoever caused
• All the products we sell would have a 12 months warranty (unless otherwise stated), in the very unlikely event that you have a problem with any product you have purchased from us, then please contact us via eBay
• Once we have been notified of a faulty good you will need to arrange a return of your product (please refer to the returns section).
• On receipt of the faulty item it will be checked and a replacement item will be sent out or a refund will be processed. Please allow up to 7 working days for approval from manufactures on all faulty items.
• The above warranty is given by us subject to us having no liability in respect of any defect arising from wear and tear, wilful damage, negligence, tampering of the Goods, incorrect fitting of the Goods by you and/or a third party, abnormal working conditions, failure to follow our and/or the Goods' manufacturers' instructions (whether oral or in writing), misuse or alteration or repair of the Goods without our approval.
• KSM will not arrange collection or pay postage costs for the product. All items for the warranty procedure must be sent back by the customer.
16. LIABILITY
16.1 KSM does not accept any liability for any damage or losses suffered by the Customer.
17. FRAUDULENT PAYMENT
17.1 If a transaction fraud alert is raised, KSM reserves the right to ask for the payment to be made again.
19. CANCELLATION / RETURNS
19.1 All deliveries are made by courier and will require a signature. The courier will try and deliver the item twice before returning the item to us. Please ensure someone is present to sign for the item. Should the item be returned to us we will have to charge for re-delivery.
We run an automated ordering system so please ensure your correct shipping address is selected on the PayPal / eBay checkout as we can only send to the address that comes through. This is an eBay policy.
For orders cancelled after dispatch you must follow our returns procedure. You are responsible for both the outgoing and return postage costs.
The customer is responsible for all postage costs for products returned under our Returns Procedure unless this has been specifically agreed and confirmed in advance with the Customer Services Department
KSM offer a 14 day return policy. Please return your unused or incorrect item(s) in original packaging and ensure that all packages are securely wrapped. You must include a copy of your delivery note in with your item(s), as this is the proof of purchase. Failure to do so will delay your refund. Any used items cannot be returned unless faulty.
KSM will not accept responsibility for loss or damage of goods during transit, please ensure that the insurance cover option is taken where possible.
Upon receipt, all products will be inspected and at our discretion, credit may be refused.
Any damages must be reported to us within 24 hours for us to raise any claims with our courier. Any claims after 24 hours will be dismissed for a claim.
We are fully compliant with the Distance Selling regulations.
Certain products are treated specially for legal and/or health and safety reasons, It is important for your own and our couriers safety that they are followed. As well as the above procedures the below must also be adhered to.
