Terms and Conditions for the Sale of Goods
1.Definitions
Buyer - The person who buys or agrees to buy, the goods from the seller.
Conditions - The terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the seller.
Goods - The articles which the buyer agrees to buy from the seller.
Price - The price for the goods, excluding VAT and any carriage, packaging and insurance costs.
Seller - KFW Group Ltd, 25 Ferguson Drive, Lisburn BT28 2EX
2. Conditions
2.1 These conditions shall form the basis of the contract between the seller and the buyer in relation to the sale of goods. To the exclusion of all other terms and conditions including the buyer’s standard conditions of purchase or any other conditions which the buyer may purport and apply under any purchase order or confirmation of order or any other document.
2.2 All orders for goods shall be deemed to be an offer by the Buyer to purchase goods from the Seller pursuant to these conditions.
2.3a Delivery Customer - Acceptance of delivery of the goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these conditions.
2.3b Collection Customer – Departure from the Seller’s address with the goods shall be deemed as conclusive acceptance of the goods.
2.4 These conditions may not be varied except by the written agreement of the directors/or a person acting on their behalf with authority.
2.5 These conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued.
3. Price
3.1 The price shall be the price quoted on the Seller’s confirmation of order/web/shop/item. The price is exclusive of VAT which shall be due at the rate in force on the date of the Seller’s invoice.
3.2 Where there has been an inadvertent pricing/product mistake the seller assumes the right to change accordingly.
4. Payment and Interest
4.1 Payment of the price and VAT shall be due at the point of collection or delivery, unless credit terms have been authorised.
4.2 Interest on overdue invoices shall accrue from the date when payment becomes due. Calculated daily until the date of payment, at the rate of 8% per annum above the Bank of England base rate. Such interest shall accrue after as well as before any judgement.
4.3 The buyer shall pay all invoices in full and not exercise any rights of set-off or counter claim against invoices submitted by the seller.
5. Goods
5.1 The quantity and description of the goods shall be as set out in the Seller’s confirmation of order.
5.2 The quantity and description together with photographic images as displayed on the web shop and/or app is indicative. This is used to provide as much detail as possible but may from time to time contain variances.
5.3 For the sake of clarity, the cooling-off period mandated by the distance selling regulations does not apply to online purchases made by a business customer.
6. Warranties
The Seller warrants that the goods will, at the time of delivery, correspond to the description given by the Seller in the confirmation of order. All other warranties, conditions or terms relating to fitness for purpose, quality or conditions of the goods are excluded.
7. Delivery/Collection of the goods.
7.1a Delivery of the goods shall be made to the Buyer’s address and as agreed in advance of any delivery agreement. No deliveries can be made to third party representatives or to private dwellings. The buyer shall make all arrangements necessary to take delivery of the goods on the day notified by the Seller for delivery.
7.1b Collection of the goods shall be made from the Seller’s address between the Trading Hours as advertised.
7.2 The Seller undertakes to use its reasonable endeavours to ensure the goods are available for collection on an agreed date, or to dispatch the goods on an agreed delivery date but does not guarantee to do so. Time of delivery shall not be the essence of the contract.
7.3 The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the goods.
7.4 The Sellers shall not be liable for any item that does not arrive, is not available or is damaged during transportation. This is the nature of the trade.
8. Acceptance of the Goods
8.1 The Buyer shall be deemed to have accepted the goods 24 hours after delivery to the buyers or having left the Seller’s address .
8.2 The Buyer shall carry out a thorough inspection of the goods at the time of collection from Seller’s address or as soon as practically possible upon their delivery and shall give verbal or emailed notification to the seller on the day of collection of the goods any defects which a reasonable examination would have revealed.
8.3 Where the Buyer has accepted, or has been deemed to have accepted the goods, the buyer shall not be entitled to reject goods which are not in accordance with the contract.
9. Title and Risk
9.1 Risk shall pass on delivery of the goods to the buyer’s address.
9.2 Notwithstanding the earlier passing of risk, title of the goods shall remain with the seller and shall not pass to the buyer until the amount due under the invoice for them, including interest and costs, has been paid in full.
9.3 Until title passes, the buyer shall hold the goods as bailee for the seller and shall store or mark them, so they can always be identified as the property of the seller.
9.4 The seller may at any time before title passes and without any liability to the buyer;
- 9.4.1 Repossess and dismantle and use or sell all or any of the goods and by doing so, terminate the buyer’s right to use, sell or otherwise deal in them: and
- 9.4.2 for that purpose or determining what if any goods are held by the buyer and inspecting them enter any premises of or occupied by the Buyer.
9.5 The seller may maintain an action for the price of the goods notwithstanding that title in them has not passed to the buyer.