Terms and conditions of Sale
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1.1 What these terms cover. If you buy any products online from our website (our "Website") these are terms and conditions will apply.
1.2 Why you should read them. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. These general terms and conditions and the policies may change from time to time so please check these before making any purchases on our website.
2.1 Who we are. We are Keter UK Ltd, a company registered in England and Wales under company number 04992337 and our registered office is at 16 Great Queen Street, Covent Garden, London WC2B 5AH. Our VAT number is GB 887 1374 83.
2.2 How to contact us. Please simply click on Contact Us, choose the appropriate enquiry option and complete the online form.
2.3 How we may contact you. If we have to contact you about your order, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing within one business day and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified or that is specified on the Website.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK. Our Website is solely for the promotion and sale of our products in the UK (excluding the Highlands, Northern Ireland and offshore islands). Unfortunately, we do not accept orders from or deliver to addresses outside of this territory.
3.5 We do not ship to the following postcodes: BT, GY, HS, IV25, IV27-29, IV33-40, IV45-46, IV52-53, IV55-56, IM, JE, KA27-28, KW1-14, KW15-17, PA20-22, PA34 4* and PA34 5*, PA41-80, PH27-29, PH35-44, PH49, PO30-41, TR21-25, ZE
3.6 Please note that deliveries are Monday to Friday (excluding Bank Holidays).
3.7 Our Delivery Information policy forms part of our Terms and Conditions. Please read this section for additional details.
4.1 Products may vary slightly from their pictures. The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product(s) may vary slightly from those images as indicated in clause 6.1 below. Although we have made every effort to be as accurate as possible, because of manufacturing conditions, raw material changes, outdoor temperatures and other factors, all the dimensions stated on our website have a +/- 2.5% tolerance. You will be responsible for making the delivery address or site ready for delivery and for all preparations for delivery of the product(s)
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our Website.
4.3 FAQs. You can find answers to many frequently asked questions in the FAQ tab on this Website. For any additional assembly tips or advice, please simply click on Contact Us, choose the “Other” enquiry option and complete the online form.
If you wish to make a change to the product(s) you have ordered (i.e. the quantity or type of product(s)) before we have arranged for the product(s) to be delivered, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product(s), the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 - Your rights to end the contract).
6.1 Minor changes to the products. We may change the product(s):
a. to reflect changes in relevant laws and regulatory requirements;
b. to implement minor technical adjustments and improvements.
These changes will not affect your use of the product
7.1 Delivery costs. The costs of delivery will be as displayed to you on our Website.
7.2 When we will provide the products. During the order process we will let you know when we will provide the products to you. This may be a specific date or a window in which the product(s) will be provided.
7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be delivered, we will contact you to re-arrange delivery.
7.5 If you do not re-arrange delivery. If you are not present for delivery and, after the failed delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 below will apply.
7.6 Your legal rights if we deliver products late after agreeing an essential delivery time with you. You have legal rights if we deliver any products late where we have agreed with you that delivery is essential at certain times or we have simply refused to deliver without good reason. If, in these circumstances, we miss the essential agreed delivery deadline or window for any products then you may treat the contract as at an end straight away. We will be happy to discuss with you whether a delivery time or date is essential.
7.7 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away in the circumstances referred to in 7.6 above, or do not have the right to do so under clause 7.6 we can agree with you a revised date for delivery of the product(s) in writing.
7.8 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.6 (where an essential delivery time/date is agreed by us), you can cancel your order for any of the product(s) or reject product(s) that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you must allow us to collect them from you. We will pay the costs of collection. In the event either of cancellation prior to delivery or afterwards, please simply click on Contact Us, choose the cancellation/returns option and complete the online form.
7.9 When you become responsible for the products. A product will be your responsibility from the time we deliver the product to the address you gave us at the time of the order.
7.10 When you own products. You own a product once we have received payment in full.
7.11 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, delivery address, billing address, contact information, etc. If so, this will have been stated in the description of the product(s) on our Website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the product(s) late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.12 Reasons we may suspend the supply of products to you.
We may have to suspend the supply of a product to:
a. deal with technical problems or make minor technical changes;
b. update the product to reflect changes in relevant laws and regulatory requirements;
c. make changes to the order as requested by you or the product as notified by us to you (see clause 6);
d. deal with any circumstance arising under clause 7.3 or if the product(s) in question are at that time not available for delivery.
7.13 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem (which has caused the suspension) is urgent or an emergency. If we have to suspend any of our products after you have placed an order, we will adjust the price so that you do not pay for any products that have been suspended.
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
a. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
b. If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
c. If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period,
d. In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.
e. If in the unlikely event that the product is of unsatisfactory quality, unfit for purpose or not as described. This right is automatically in place for a period of 30 days from you taking ownership of the product.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clause 8.2 (a) to (e) below, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation.
The reasons are:
a. we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6);
b. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
c. there is a risk that supply of the products may be significantly delayed because of events outside our control;
d. we have suspended supply of the products for technical or logistical reasons, or notify you we are going to suspend them for technical or logistical reasons; or
e. you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 7.6).
8.3 Exercising your right to change your mind. You may return any item or cancel any order within 30 working days ( the "Cooling Off Period") of delivery to you (or someone you nominate to receive the product(s). Where this is because you have change of mind during the Cooling Off Period items that are received back flat packed in their original form and packaging will be accepted for full refund. Product(s) returned which cannot be re-sold as new because assembly has been commenced, thus rendering the product as used, cannot be accepted for refund.
8.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
a. any product(s) for which you do not have proof of purchase;
b. any product(s) are returned without full packaging;
c. any product(s) are not returned in a saleable condition;
d. any products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
e. any products which become mixed inseparably with other items after their delivery.
8.5 How long do I have to change my mind? If you have bought products from us, you have 30 days after the day you (or someone you nominate) receives the product(s), unless your products are split into several deliveries over different days. In this case you have until 30 days after the day you (or someone you nominate) receives the last delivery to change your mind about the products.
8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed. A contract for our products is completed when the product is delivered and paid for. If you want to end the contract in these circumstances, please simply click on Contact Us, choose the cancellation/returns option and complete the online form.
9.1 Tell us you want to end the contract. To end the contract with us, please simply click on Contact Us, choose the cancellation/returns option and complete the online form.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must allow our authorised courier service to collect them from you. Please simply click on Contact Us, choose the cancellation/returns option and complete the online form. If you are exercising your right to change your mind, you must advise us that you want to return the products within 30 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
a. if the products are faulty or mis-described.
b. if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
c. if you are exercising your right to change your mind.
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection (i.e. the cost of our carriage charges back to Keter).
9.5 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. Please see our Delivery Information tab on this Website for additional details.
b) The maximum refund for delivery costs will be the costs of delivery.
9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, then your refund will be made within 14 days from the day on which we receive the product(s) back from you. For information about how to return a product to us, see clause 9.2.
9.8 Our Return and Cancellation policy forms part of our Terms and Conditions. Please read this section for additional details.
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
a. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, delivery address, contact information, delivery instructions, etc;
b. you do not, within a reasonable time, allow us to deliver the products to you; or
c. we have persistently been unable to deliver the products to you on the agreed delivery date.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided to you but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 Product availability. Our Website will display our most up to date stock availability however there may be circumstances where some products may not be available after we have accepted your order (e.g. due to stock loss, subsequent discovery in our warehouse that product is faulty, or inventory issues where an item is discovered to be unavailable after order has been accepted). We will let you know as soon as possible after we have accepted your order if there is an issue with product availability including if the product has been discontinued. In this case we will refund any sums paid to us and you may of course check back on our Website at a later date when the product is back in stock.
11.1 How to tell us about problems. If you have any questions or complaints about the product(s), please contact us. Please simply click on Contact Us, choose the appropriate enquiry option (“I have an issue with my product”) and complete the online form.
11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website at www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example furniture, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back. See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must allow us to collect them from you. We will pay the costs of collection. Please simply click on Contact Us, choose the cancellation/returns option and complete the online form.
12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
12.4 When you must pay and how you must pay. We accept payment with most major credit and debit cards as well as PayPal.. Payment shall be made with your chosen payment method on placing your order. Products will not be dispatched to you if payment is not successful. Please note that some banks or third party payment providers may request ID information of two factor authentication before confirming payment and enabling an order to be processed. Such arrangements are between you and the third party payment provider and we may not be able to process an order unless and until such authentication has successfully occurred.
12.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
13.1 From time to time we may offer promotional coupons and discount codes to you ("Offers"). Your use of these Offers are subject to the Offer terms and conditions. The Offer terms and conditions will typically be made available to you at the point you engage with the Offer. Please check these terms and conditions carefully before trying to use them to claim the Offer. Each offer can only be used once. You will not be entitled to use more than one Offer per transaction and our Offers cannot be combined with other Offers or promotions.
13.2 Keter reserves the right to withdraw or modify Offers at any time.
13.3 From time to time we may run an Offer providing a 10% off welcome coupon when signing up to our newsletter. This 10% off welcome coupon will only be valid until the end date that appears on the coupon that we send you. Again, each offer can only be used once. You will not be entitled to use more than one Offer per transaction and our Offers cannot be combined with other Offers or promotions.
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.2.
14.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.4 We limit our liability. Our liability to you under these Terms and Conditions of Supply and our see Returns policy (Please see our Delivery Information tab on this Website) shall not exceed the price paid for the products you have purchased through our Website, provided that we take reasonable care when we deliver the products to you.
15.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract
15.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our guarantee at clause 8.4 to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by providing proof of purchase.
15.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 14.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.6 Complaints. In the event you have a complaint regarding a product or service purchased from Keter, please simply click on Contact Us, choose the appropriate enquiry option (“I have an issue with my product”) and complete the online form. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to Retail ADR via their website at www.retailadr.org.uk. Retail ADR will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.
15.7 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
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