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Website Terms and Conditions of Sale.

These terms and conditions (together with the documents expressly referred to within them) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) and (Services) listed on our website.

If you order Services from us, additional terms will apply.

These Terms will apply to any contract between us for the sale of Products and Services to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from us.

We amend these Terms from time to time as set out in clause 6. Every time you wish to order Products or Services, please check these Terms to ensure you understand the terms which will apply at that time.

These Terms, and any Contract between us, are only in the English language.

  1. INFORMATION ABOUT US

We are Kingshay Farming and Conservation Limited, a company registered in England and Wales under company number 02596568.  Registered Office: Leeman House Station Business Park, Holgate Park Drive, York, England, YO26 4GB.  Our VAT number is GB 228928865.

Our main trading address at Bridge Farm, Glastonbury, Somerset, BA6 8LU.

Phone: 01458 851555

Email: contact.us@kingshay.co.uk

Website: www.kingshay.com

To contact us, please also see our Contact Us page www.kingshay.com/about-us/contact

  1. OUR PRODUCTS AND SERVICES

2.1          The images of the Products and Services on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that our website accurately reflects the colour of the Products. Your Products may vary slightly from those images.

2.2          Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 2% tolerance.

2.3          The packaging of the Products may vary from that shown on images on our site.

  1. OUR SERVICES

3.1          If you purchase Services including consultancy services from us, additional terms may apply.

3.2          Where a Kingshay representative provides consultancy, you agree that they are acting merely in an advisory capacity and neither Kingshay nor such representative shall, to the fullest extent permitted by law, be liable in any manner for any loss or damage (whether direct, indirect or consequential and whether economic or other) resulting from the implementation of, or reliance on, any actual or alleged advice or assistance of such person or your conclusions drawn from the use of such services.

3.3          We shall use all reasonable endeavours to meet any performance dates specified in your service order form, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.

3.4          We shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services.

Your obligations

3.5          You shall: (a) ensure that the terms of your order for services and any information it provides are complete and accurate; (b) co-operate with us in all matters relating to the Services; (c) provide us, our employees, agents, consultants and subcontractors, with access to your premises, and other facilities as reasonably required by us; (d) provide us with such information and materials as we may reasonably require in order to supply the Services, and ensure that such information is accurate in all material respects.

3.6          If our performance of any of our obligations under an agreement for Services is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (Customer Default): (a) we shall without limiting our other rights or remedies have the right to suspend performance of the Services until you remedy the Customer Default, and to rely on the Customer Default to relieve us from the performance of any of our obligations to the extent the Customer Default prevents or delays our performance of any of our obligations; (b) we shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform any of its obligations as set out in this clause 3.6; and; (c) you shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from the Customer Default.

  1. AUTHORITY AND ENTIRE AGREEMENT

4.1          You confirm that you have authority to bind any business you are purchasing the Products or Services on behalf of to purchase the Products or Services.

4.2          These Terms and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.

  1. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

5.1          Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

5.2          After you place an order, you will receive an e-mail from us acknowledging that we have received your order.  However, please note that this does not mean that your order has been accepted.  Our acceptance of your order will take place as described in clause 5.3.

5.3          We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation or confirmation of Service order form.

5.4          All Products and Services are subject to availability. If we are unable to supply you with a Product or Service, for example because that Product is not in stock or no longer available or because of an error in the price on our website, catalogue, price lists or other media, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Product or Service, we will refund you the full amount as soon as possible.

  1. OUR RIGHT TO VARY THESE TERMS

6.1          We may revise these Terms from time to time in the following circumstances:

(a)          changes in how we accept payment from you;  or

(b)          changes in relevant laws and regulatory requirements.

6.2          Every time you order Products or Services from us, the Terms in force at that time will apply to the Contract between you and us.

6.3          Whenever we revise these Terms in accordance with this clause 6, we will keep you informed and give you notice of this by stating that these Terms have been amended.

  1. DELIVERY OF PRODUCTS AND SUPPLY OF SERVICES

7.1          Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation (or service supply date set out in your service order form), unless there is an Event Outside Our Control defined in clause 12.2. If we are unable to meet the estimated delivery date or service supply date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date or service supply date.

7.2          Delivery will be completed when we deliver the Products to the address you gave us.

7.3          If no one is available at your address to take delivery of larger items, we may either contact you to say we will attempt delivery again or leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.

7.4          The Products will be your responsibility from the completion of delivery.

7.5          You own the Products once we have received payment in full.

  1. PRICE OF PRODUCTS AND SERVICES AND DELIVERY CHARGES

8.1          The prices of the Products will be as quoted on our website from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time. However if we discover an error in the price of Product(s) you ordered, please see clause 8.5 for what happens in this event.

8.2          Prices for our Products and Services may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.

8.3          The price of a Product and Services excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products or Services in full before the change in VAT takes effect.

8.4          The price of a Product or Service includes delivery charges unless otherwise stated.

8.5          Our website contains a number of Products and Services. It is always possible that, despite our reasonable efforts, some of the Products and Services may be incorrectly priced. If we discover an error in the price of the Products or Services you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Product or Service at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products or Services to you at the incorrect (lower) price.

  1. PAYMENT

9.1          You can only pay for Products and Services using PayPal a debit card or credit card. Additional charges may be payable for certain debit/credit card payments and you will be informed of this at the point of purchase.

9.2          Payment for the Products and Services is in advance. We will not charge your debit card or credit card until we dispatch your order.

  1. OUR WARRANTY FOR THE PRODUCTS AND SERVICES

10.1        We warrant that the Products and Services supplied will at the time of delivery correspond to the description given by us. All other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Products and Services, whether express or implied by statute or common law or otherwise, are excluded to the fullest extent permitted by law.

  1. OUR LIABILITY TO YOU

11.1        Nothing in these Terms limit or exclude our liability for:

(a)          death or personal injury caused by our negligence;

(b)          fraud or fraudulent misrepresentation;

(c)           breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

(d)          defective products under the Consumer Protection Act 1987; or

(e)          breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.

11.2        Subject to clause 11.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

(a)          any loss of profits, sales, business, or revenue;

(b)          loss or corruption of data, information or software;

(c)           loss of business opportunity;

(d)          loss of anticipated savings;

(e)          loss of goodwill;

(f)           any indirect or consequential loss; or

(g)          any costs associated with the removal and reinstallation of the Products as a result of a product recall for safety issues.

11.3        Subject to clause 11.1 and clause 11.2, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Product or Service that is deemed to be the cause of such liability.

11.4        Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products or Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products or Services are suitable for your purposes.

  1. EVENTS OUTSIDE OUR CONTROL

12.1        We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 12.2.

12.2        An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

12.3        If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a)          we will contact you as soon as reasonably possible to notify you; and

(b)          our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products or Services to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

  1. COMMUNICATIONS BETWEEN US

13.1        When we refer, in these Terms, to "in writing", this will include e-mail.

13.2        If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

13.3        Please note that any notice given by you to us, or by us to you, will be deemed received and properly served, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

  1. OTHER IMPORTANT TERMS

14.1        All Intellectual Property Rights in or arising out of or in connection with Products and the Services shall be owned by us. All Kingshay materials are the exclusive property of Kingshay.

14.2        We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.

14.3        You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

14.4        This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

14.5        Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

14.6        If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

14.7        These Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

These terms were last updated on 26/11/2014