Terms And Conditions

Online Terms & Conditions of KA123 Limited trading as Kitchenappliances123.co.uk

 

General

This site is owned and operated by KA123 Limited (‘KA123,’ ‘we’ or ‘us’ ‘our’),

whose registered office is at 271, St Albans Road, Hemel Hempstead, Herts, HP2 4RP whose

registered number is 6531910.

 

By using or accessing our website and/or placing any order(s), you agree to be legally bound

by these terms and conditions. If you do not wish to be bound by these terms and conditions

then you may not use or access our website or place orders.

 

These terms relate to sales on the kitchenappliances123.co.uk website, and over the phone. 

 

The contract made by you on-line with us incorporates these terms and conditions, which

shall prevail over any and all terms and conditions, proposed by you.

 

Your use of and purchase of products from this site is governed by the terms and conditions

set out below, and as set out under Security, Copyright, and Delivery. We recommend you

also read our Privacy policy. You can print the full terms and conditions by selecting the print

option in the File menu of your browser.

 

We may at any time make changes to this site and the details displayed on it (including

prices).

 

We shall not be liable to you where performance of any of our obligations to you is prevented,

frustrated or impeded by reason of acts of God, war and other hostilities, civil commotion,

accident, strikes, lock outs, trade disputes, acts or restraints of Government, imposition or

restrictions of imports or exports or any other cause not within the reasonable control of

KA123 Limited.

 

Please ensure that you have received and checked your order in full before booking any

fitters and contractors.

 

If any part of these terms and conditions is found to be unenforceable as a matter of law, all

other parts of these terms and conditions shall not be affected and shall remain in force.

 

Although we endevour to ensure that all information and images on the website clearly represent the physical products themselves, we cannot guarantee that the appearance and/or colours of products shown on this site exactly reproduce the appearance and/or colours of the physical products themselves. All sizes quoted are approximate.

 

Before working with electricity, gas or water you should always consult an appropriate

professional electrician or CORGI registered plumber. Always read and follow any relevant

manuals and safety instructions. When working with electricity always turn off the mains. In

connection with building work KA123 Limited cannot advise on planning permission or

building regulation issues.

 

To the extent permitted by law, KA123 accepts no liability for any loss, damage or injury

arising as a consequence of the advice provided.

 

These terms and conditions and any contract between us shall be governed by and

construed in accordance with English law and the English Courts shall have jurisdiction over

any disputes between us.

  

Product Specifications

We endeavour to display as accurately as possible the colours of our products that appear on

the website. However we cannot guarantee the complete accuracy of the pictures or

photographs that are shown.

 

We endevour to ensure that all information in regard to product specifications and diagrams displayed on the website are correct however cannot guarantee that all information has been entered correctly.  Should an incorrect specification be alerted to us we will ensure that the correct information is supplied.

 

Images on our website have been made accessible by suppliers or third parties.  We cannot guarantee the reliability or the accuracy of these images.  Images are used on the website for the sole purpose of giving an approximate description of the goods.  Full detailed specifications are available from manufacturers websites, and sales literature.  We agree to supply the product as supplied to us by the manufacturer. 

 

 

Measurements

We will not accept any liability for any extra costs incurred by you as a result of incorrect or

incomplete measurements or information supplied by you.

 

All dimensions specified by us are approximate.

 

 

Prices

All prices include VAT, where appropriate, at the prevailing rate and are subject to any

promotional offer or discount.

 

The prices displayed on the website are for on-line purchases and promotions only and are

not transferable to sales of our products through telesales or through our store.

 

The prices displayed on the website in relation to any on-line promotion are valid strictly until

midnight on the day on which the promotion expires, as determined by us.

 

We will not be bound to honour any prices, where we have indicated to you subsequently that

the prices displayed have been displayed in error.

 

Delivery prices are supplied as an estimate, should you have any special requirements for delivery these will incur extra cost which will be agreed on your order confirmation.  Should extra requirements not be discussed then you will be liable for all costs associated for the delivery of your goods.  Please note that some postcodes in areas that are not accessible by our courier can be at an extra charge.  You will be notified of any additional delivery charges at the point of order, or as soon as possible before dispatch.

 

 

Payment

All prices stated on the website include VAT.  Unless otherwise stated.  We do not store credit card details nor do we share customer details with any 3rd parties

 

You must pay by credit, charge or debit card at the time of order. The price of any product is

the price in force at the date and time of your order. You undertake that all details you provide

to us for the purpose of purchasing products which may be offered by us on our website will

be correct; that the credit charge or debit card which you use is your own and that there are

sufficient funds or credit facilities to cover the cost of any products. We reserve the right to

obtain validation of your credit charge or debit card details before accepting your order.

Credit and debit card payment is carried out through a third party.  Protx was fully approved in 2006 as a Level 1 compliant provider under the Payment Card Industry Data Security Standard (PCI DSS). This is the highest level of compliance.  KA123 Limited accepts no responsibility for use of this service. 

 

All orders are carried out with great care to keep order details and payment secure, but unless we are negligent we will not be liable for any losses if an unauthorized third party obtains access to your information. 

 

KA123 Limited cannot accept your order until you have paid for it in full (including applicable delivery charges). Upon payment, we will confirm acceptance of your order by e-mail which will be sent to the e-mail address you provide on your order details. Whether or not you receive the e-mail, our acceptance of your order will create a legally binding contract between us. We reserve the right not to supply you at our discretion.

 

The contract shall not have been concluded until we have received your valid credit card

charge or debit card payment details and we have accepted your on-line order and sent you

confirmation by return e-mail to the address you have given us during the registration

procedure and on ordering.

 

We are entitled to refuse any order placed by you.

 

The transaction will be handled for you by KA123 Limited, to whom you will pay a handling

charge of 4% of the transaction amount. The balance of the transaction amount will be paid

to KA123 Limited. The total amount payable by you will be the same.

 

 

Delivery
We are only able to deliver online orders to you if you have a permanent address on the UK

mainland.  Please note that some areas in the Highlands of Scotland carry a surcharge. You will be contacted after purchase to advise on this transactional surcharge if applicable.

 

We endevour to dispatch all orders as soon as possible, usually quoting 7-10 working days from date of order.  However the majority of deliveries are carried out quicker than this.  Any items that are out of stock may extend the delivery time of goods over the 7-10 day period quoted. 

 

Please be aware that any built to order or bespoke products have an average lead time of 4-5 weeks. 

 

If you require your order to be delivered by a specific date then please get in contact with us by telephone or e-mail to check if this is feasible.

 

Our order status and tracking system enables you to check the progress of your order.  All information provided is for guidance only, and we cannot guarantee the accuracy of delivery information provided by this medium. 

 

With most orders we will inform you of the estimated delivery date within 3 days of your order, either by telephone or by e-mail.  Some orders will be given an approximate time of delivery of which you will be informed by telephone on the day of delivery. 

 

Delivery charges stated at checkout cover one man delivery.  If you live in a flat, you may incur a further premium on your delivery charge stated.  We will need to be informed in advance of delivery if this is the case otherwise your goods will not be carried upstairs. 

 

 

Delivery is only available to the billing address of the debit or credit card used.

 

We will endeavour to fulfil your order by the date set out in the e-mail by which we confirmed

your order. Where this e-mail did not contain such a date we shall endeavour to fulfil your

order within thirty (30) days.

 

For all orders - any changes made to the content of your order will have an impact on your

delivery date. We may therefore be unable to deliver your goods on your confirmed delivery

date should changes occur and if so, a new delivery date will be given.

 

If you are unable, for whatever reason, to take delivery of your order on the confirmed

delivery date, we reserve the right to charge you for any subsequent deliveries.

 

You are responsible for providing a safe means of access from the public highway to the

place of delivery. If our delivery staff consider that access is unsafe then we will not deliver

the goods until safe access is provided.

 

If we are unable to deliver the goods due to there being no safe means of access to the place

of delivery we shall be entitled to cancel your order and refund your payments less an

administration fee of £100 plus VAT.

 

If we accidentally damage goods in the course of delivery our liability for that damage is

limited to the repair or replacement of the goods or the value thereof.

 

Time of delivery is not of the essence in these terms and conditions. We will not be liable for

any loss or damage suffered by you through any reasonable or unavoidable delay in delivery

or re-scheduling of delivery.

 

KA123 Limited will not accept any liability for any orders that are dispatched to you from a third party in regard to delivery delays as these are out of our control. 

 

Availability

All items listed on the website are subject to availability.  We can only guarantee availability whilst stocks last. 

 

We will endevour to deliver goods within the times stated but goods are subject to availability and delay in delivery of goods is sometimes out of our control when using a third party courier. 


When using a third party courier/delivery method, KA123 Limited will not be held accountable for delays in delivery. 

 

Any dates we specify for the delivery of goods are approximate and KA123 Ltd will not be liable for any losses, costs, damages, charges or expenses caused by any delay in delivery. 

 

 

Installation

All products are sold on a supply only basis.

 

 

Returns, Refunds and Your Right to Cancel

You have the statutory right to return any products you have purchased at any time up to seven (7)

working days starting the day after delivery, for any reason (including if you simply change your mind). To do so

you must notify us in writing or other durable medium (including email) within those seven (7)

working days. You will then be entitled to a refund from us, which will be paid within thirty (30)

days of your notice of cancellation.  Customers have a duty of care for the products during any cancellation period, products should be kept in good condition and retain the original packaging in the condition it was provided.  Any wrongly ordered items reported outside of the 7 day statutory period is returned at the discretion of management and will be subject to up to a 20% re-stocking fee. 

 

Subject to your statutory rights, products made or altered specifically for you, may not be

returned nor will we provide any refund, unless they are defective or have been accidentally

damaged by us in the course of delivery.

 

If we deliver incorrect or damaged goods, or in the event that you discover any defect in the

goods for which you require compensation or other remedy, you must report the defect within

7 days of the date you receive them, or as soon as possible thereafter by contacting via

email/by fax/in writing or by calling our Helpline on 01442573073. Please keep the products

purchased in their original packaging in the condition it was provided.

 

We will not be liable for any damage or loss resulting from repairs attempted by you or third

parties.

 

If you cancel your order after the goods have been delivered, you will be charged the actual cost of collecting the items.  Any items requiring a two man delivery or if collection requires any special dealings the delivery charge will be advised.  This delivery cost will be deducted from any refund that is due to you. 

 

Damaged Goods

Any transit damage, shortages or incorrect goods supplied MUST be noted on the delivery note at the time of delivery. 

 

All goods supplied must be inspected for any cosmetic damage, incorrect goods, missing parts, or other problems as soon as they are received, if this is done after delivery has taken place, you are required to contact us within 7 days of receipt of your goods giving full details of any problems, in order for us to take suitable action. 
 
Communications
We will endevour to respond to any e-mail enquiry within 1 working day.  
 

Complaints Procedure

If in the unlikely event you wish to make a complaint, please contact us in writing:

 

Customer Complaints Department.

Kitchenappliances123.co.uk

271 St Albans Road

Hemel Hempstead

Hertfordshire

HP2 4RP

 

We will fully investigate your complaint and contact you within 5 working days of the receipt of the letter.

This guarantee is in addition to any warranties or conditions implied by law and nothing in these terms affects your statutory rights. 
 
LIABILITY
The Seller will not be liable for short delivery or defective Goods unless a claim is notified to the Seller in writing within seven days of delivery. The Seller will not be liable for defective Goods unless a claim is notified to the Seller in writing within seven days of the Buyer becoming aware of the defect or, if earlier, within 6 months of delivery. In each case, the notification must include the invoice number, delivery note number and details of the claim. In the case of a valid claim, the Seller may, in its sole discretion, replace the Goods (or the part in question)or refund to the Buyer the Price (or an appropriate proportion of the Price). The Seller will have no further liability to the Buyer in respect of the matters referred to in this clause.
 
The Seller will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event or circumstance outside the reasonable control of the Seller, including but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.
 
Nothing in this clause shall limit or exclude any liability of the Seller for death or personal injury caused by the Seller's negligence.  The Seller will not be liable to the Buyer for any indirect or consequential loss or damage, costs, expenses (including loss of profit) or other claims for compensation whatsoever arising out of or in connection with the sale of the Goods or their use or resale by the Buyer. 
 

Delay To Perform

We shall not be liable to you if we are prevented or delayed in performing any of our obligations to you if this is due to any cause beyond our reasonable control.  These include but are not exclusive to:

 

·         War or civil disturbance.

·         An act of God, explosion, flood, fire, or accident.

·         Strike, industrial action or stoppages of work. 

·         Any form of government intervention.

·         A third party act or omission

·         Failure by you to give us a correct e-mail address, delivery address or notification of change of address.

 

Site Content and Disclaimers

Every effort is made to ensure the complete accuracy of our website, however some

prices/details contained on the website may change from time to time and it is possible that

errors will occur. We will use our best endeavours to rectify any errors, as swiftly as possible

but we cannot be responsible for any losses incurred.

 

To the maximum extent permissible by law, we exclude all warranties, express or implied as

to the accuracy of the information contained in any of the materials on this website. We

cannot accept liability for any particular material on the website or as a result of any use of or

reliance placed upon the information contained on this website.

 

Any material downloaded or otherwise obtained through the use of this website is done at

your own discretion and risk and that you will be solely responsible for any damage to your

own computer system or loss of data that results from the download of any such material.

This site and all materials, text, code, content, software, videos, music, sound, graphics, photographs, illustrations, artwork, photographs, formats, files, graphics, devices and links contained in it or linked to it (together "Content”) are protected by copyright, trade marks and other rights of intellectual property owned by us or licensed to us. Anyone accessing this site is entitled to view any part of it. However, the Content must not be used nor reproduced (in whole or part) for any other purpose including on or in connection with another website or publication or for direct commercial gain. Any links to this site must be notified to and approved by us before they are created or steps are taken to create the same.

Data Protection

KA123 Limited is a registered data handler in accordance with the ICO data protection act of 1998.  We process your personal data in accordance with the Act

 

Privacy

We operate a strict Data Protection and Privacy Policy. In order to view our Data Protection and Privacy Statement, [just click here]

Applicable Law

We control and operate the web site from our offices within England. Accordingly the laws of

England and Wales govern claims relating to, including the use of, this web site and the

materials contained therein. If you choose to access our web site from outside England and

Wales you do so on your own initiative and you hereby agree that in the event of a dispute

between KA123 Ltd and you the laws of England and Wales will apply at all times.

 

 


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