Online Terms & Conditions of KA123 Limited trading as
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 contract made by you on-line with us incorporates these terms and
conditions, which shall prevail over any and all terms and conditions, proposed
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
terms and conditions by selecting the print option in the File menu of your
We may at any time make changes to this site and the details displayed on it
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
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.
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
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.
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.
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.
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
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.
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
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
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
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.
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
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.
All products are sold on a supply only basis.
Returns, Refunds and Your Right to
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
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.
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.
We will endeavour to respond to any e-mail enquiry within 1 working
If in the unlikely event you wish to make a complaint, please contact us in
Customer Complaints Department.
271 St Albans Road
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.
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
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
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
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.
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
Data Protection and Privacy Statement, [just click here]
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.
This site is owned and operated by
KA123 Limited (‘KA123,’ ‘we’ or ‘us’ ‘our’),
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, trademarks 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.
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.