GENERAL TERMS & CONDITIONS FOR THE KENDRICK FALLS ONLINE STORE
(12 May 2019)
§ 1 SCOPE & PARTIES
- These General Terms and Conditions govern the relationship between Kendrick Falls Limited (the “Seller“) and the customer (the “Customer“).
- These General Terms and Conditions apply to orders placed via the Online Store United Kingdom available at http://kendrickfalls.com/ (the “Website”) hereafter “Online Store“.
- When placing an order via the Website the Customer can access the General Terms and Conditions via the links provided in the Online Store and save them on their device and/or print them out. When placing an order via the Order from Store App the Customer may access the General Terms and Conditions via the links. These General Terms and Conditions will be sent to each Customer on a durable medium once they have made a purchase (e.g. as an e-mail with a .pdf attachment).
- Kendrick Falls provides customer care for the Online Store on the Seller’s behalf (“Customer Care”). If a Customer has any questions, requests or complaints in relation to the Online Store, the Customer may contact Customer Care via letter or e-mail using the contact details below:
- The range of goods in the Online Store is aimed only at Customers of legal age whose habitual place of residence is in the United Kingdom, and who can provide a delivery address there. “Customer” is defined by law as any natural person acting for purposes which are wholly or mainly outside his trade, craft or business.
Kendrick Falls Contact Details
Kendrick Falls Limited
§ 2 THE ORDER PROCESS
- Before placing an order, the Customer can view and amend the details of the Customer’s order at any time. This can be done by clicking on the “Basket”/“Cart” page, using the “Back” function, or editing the individual entry fields.
- The Online Store merely constitutes an invitation to the Customer to make an offer to enter into a purchase contract for the goods presented in the Online Store.
- The Customer may select items from the Seller’s range of products and add them to a shopping bag by clicking on the “Add to Shopping Cart” or “Add to Basket” button. By clicking on the “Proceed to Checkout” button, the Customer makes an offer to purchase the products contained in the shopping bag. After the Customer has submitted the order, the Seller will process the Customer’s order and will send to the Customer an automatic acknowledgement of receipt email. However, this does not constitute acceptance of the Customer’s order by the Seller nor does a contract between the Customer and the Seller exist at this point in respect of the Customer’s order.
- The Seller’s acceptance of the Customer’s order will take place when the Seller emails the Customer to confirm that the order has been accepted and dispatched “order and dispatch confirmation email”), at which point a contract will come into existence between the Customer and the Seller.
- If several items are included in an order, a contract is only created in respect of the items expressly referenced in the order and dispatch confirmation e-mail.
- If the Seller is unable to accept the Customer’s order for any reason (including any of the reasons described in this § 2(6) or § 2(7) below), the Seller will notify the Customer of this by e-mail (if any part of the order has been accepted, the Seller will also notify the Customer of this in the order and dispatch confirmation e-mail). The gross value of an order via the Online Store of any kind whatsoever (including value-added tax, but excluding any delivery or other charges) (the “order value”)may not be less than £10.00. In case the order value is lower than the minimum order value this will be communicated to the Customer and the Customer will technically be prevented from completing the order. Please note that the figures relating to the order value may change from time to time.
- The Seller is entitled to cancel a Customer’s order in the following circumstances:
- the Seller identifies an obvious and unmistakable error in the price or description of the product;
- the Seller is unable to obtain authorisation for the Customer’s payment and/or suspects illegal or fraudulent activity (see clause II of section C of the Privacy Statement) including where the quantity of goods is higher than the usual quantities for private households;
- the product is out of stock or otherwise unavailable; or
- the Customer has not met the eligibility to order criteria set out in these General Terms and Conditions
In this event, the Seller will notify the Customer by e-mail without delay and will require the Customer to return the goods in accordance with the Returns Policy in § 7 (in the event that they have already been delivered to the Customer). Once the goods have been returned, the Seller will refund the payment and any delivery costs to the Customer in full (or in part if part of the order has been accepted), in accordance with the Refunds Policy in § 7.
- The contract is concluded in English. In compliance with data protection law, the Seller will store a copy of the contract (consisting of the order and the General Terms and Conditions) and will forward the same to the Customer with the electronic invoice email. In addition, if the Customer has registered, he/she can view orders in his/her personal MY ACCOUNT customer account.
§ 3 DELIVERY, DELIVERY TIMES & AVAILABILITY OF GOODS
- Unless agreed otherwise, the goods will be delivered to the Customer at the delivery address provided.
- The Seller will notify the Customer of the expected delivery time during the order process. Unless otherwise stated, delivery time is generally 2 to 3 business days for regular delivery and generally 1 to 2 business days for courier delivery. Further information about types of delivery and the carriers used can be found on the Online Store’s Deliveries & Returns page. The order confirmation e-mail will give an expected delivery time.
- Once the goods have been handed to the carrier, the Seller will send the Customer an e-mail with a notification of dispatch and all of the necessary information regarding shipping status and the estimated time of day when the goods will be delivered.
- If for reasons beyond its control the Seller is unable to meet a fixed delivery date, it will inform the Customer without delay and specify a new delivery date. If the new delivery date is unacceptable to the Customer, he/she will be entitled to cancel the order in respect of the goods concerned; in this case, the Seller will reimburse the Customer in accordance with the Refunds Policy in § 7 of these General Terms and Conditions.
§ 4 PRICES & DELIVERY CHARGES
- All of the prices listed in the Seller’s Online Store include the applicable statutory value-added tax.
- The Seller will notify the Customer of any delivery and additional charges (e.g. for gift wrapping) during the order process before the Customer places his/her order. The Customer will pay for any such charges notified to the Customer prior to placing the order.
§ 5 PAYMENT
- Payment must be made by the Customer using one of the methods of payment indicated during the order process.
- If no further methods of payment are offered during the order process the Seller accepts credit card payment. Where the order process takes place on the Website the Seller accepts also payment via PayPal.
- To protect itself against the risk of payment default by the Customer, the Seller reserves the right to exclude certain methods of payment in an individual case. See clause II of section C of the Privacy Statement for further details of the fraud checks the Seller may carry out.
- The Customer agrees to the receipt of electronic invoices in the form of a .pdf file attached to an e-mail.
§ 6 RETENTION OF TITLE
- Goods delivered as part of an order remain the property of the Seller until they have been delivered to the Customer (or a person identified by the Customer to take delivery on their behalf).
§ 7 CUSTOMER RIGHT OF CANCELLATION
For goods ordered via the Online Store, Customers have a legal right to:
- If the Seller has not yet accepted the order in accordance with § 2, withdraw an offer at any time without giving any reason or incurring any liability; or
- If the Seller has accepted the order in accordance with § 2, cancel the order by following the instructions below:
INSTRUCTIONS ON CANCELLATION
RIGHT OF CANCELLATION
You have the right to cancel this contract without giving any reason but by simply informing us of your decision in accordance with the instructions below. The time limit for cancellation is a period of 18 days from the day of order.
You must inform us (see below for contact details) of your decision to cancel this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail or by using the returns form included in your goods package). To exercise your right of cancellation within the cancellation period, it is sufficient for you to send a notice concerning your exercise of the right of cancellation before that period has expired by one of the following methods:
To exercise your right of cancellation:
- by letter, please write to;
Kendrick Falls Limited
- by e-mail, please e-mail us at;
- by returning the goods in accordance with the instructions on the Deliveries & Returns page of this website, please send them to the returns address (the “Returns Address”) below:
Kendrick Falls Limited
Returns must arrive to us within 18 days of order date (therefore on or before the 17th day) for a full refund. To exchange a product or receive a gift voucher the return must arrive to us within 28 days of order date. Please indicate Exchange or Refund on the returning invoice.
You can return any item for an exchange or refund within a strict 18 days. Please make it clear to us written on the invoice. We will refund the price you purchased your item and can take between 1-2 weeks normally to occur. This includes sale items. All goods will be inspected on return. Please return all products in original packaging, with all tags and labels still attached, completely unworn & received back on or before the 17th day. The goods are your responsibility until they reach our warehouse, so make sure it’s packed up properly and can’t get damaged on the way. In the event that an item is returned to us in an unsuitable condition, we may have to send it back to you with no refund or exchange. You are only liable for any diminished value of the goods if the goods were handled in a manner other than that necessary to establish the nature, characteristics and functioning of the goods (for example, if you have worn a pair of shoes other than to try them on inside and the soles are scuffed). We may reduce your refund to cover the diminished value to the extent permitted by law. We recommend you obtain proof of postage/Tracking.
If you cancel your order within the cancellation period, we shall reimburse to you all payments made by you, excluding the costs of delivery. Reimbursement shall be in full (or in part if part of the order has been accepted) without undue delay and in any event not later than 14 days from the earlier of the day on which we receive the returned goods from you or evidence that you have sent them back.
If we cancel your order, we shall reimburse to you all payments made by you, excluding all delivery costs. Reimbursement shall be in full (or in part if part of the order has been accepted) and without undue delay.
We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless expressly agreed otherwise with you. Subject to the above terms, we will not impose any fee for such reimbursement.
EXCLUSION OF THE RIGHT OF CANCELLATION
No right of cancellation exists in the case of contracts for the supply of the following goods. Please note that this not an exhaustive list:
- non-prefabricated goods made on the basis of an individual choice of or decision by the consumer or which are clearly personalised,
- the supply of sealed goods which were unsealed after delivery and are thus not suitable for return due to health protection or hygiene.
§ 8 WARRANTIES
- The Customer has certain legal rights, for example, that any products supplied by the Seller will be of satisfactory quality, fit for their intended purpose, and will conform to any description, sample or model provided on the Online Store. The Customer also has certain legal remedies if the Seller breaches any of these rights including where a product is defective. Nothing in these General Terms and Conditions is intended to affect these legal rights or other rights to which the Customer may also be entitled.
- The Customer should contact a member of the Kendrick Falls team or follow the cancellation process set out at § 7 if the Customer believes that a product supplied by the Seller does not conform with the contract between the Customer and the Seller. For more information about the Customer’s legal rights in the UK, the Customer should contact his/her local Citizens Advice Bureau or Trading Standards Office.
§ 9 LIABILITY
- The Seller does not, in any circumstances, exclude its liability for fraud, death or personal injury caused by the Seller’s negligence or that of its employees and agents or any other loss which is not permitted to be excluded by applicable law.
- The Seller is not responsible for any loss or damage that the Customer might suffer which is:
- not caused by the Seller’s breach of these General Terms and Conditions;
- a side effect of the main loss or damage to the Customer and which is not reasonably foreseeable by the Customer or the Seller when the Customer begins to use the Website. Loss or damage is reasonably foreseeable where it could be contemplated by the Seller and the Customer at the time of entering into the contract (i.e. placing the order);
- a result of the Seller’s failure to provide the Website (or any part of it) or withdrawal of products from the Website or a result of our right to cancel an order as set out in 2(6) and § 2(7);
- caused by a distributed denial-of-service attack, virus or other technologically harmful material that may affect your computer equipment, programs, data or other material due to the Customer’s use of the Website (including your downloading any content from the Website or any website linked to it); or
- caused when the Seller is prevented from fulfilling any of its obligations by events beyond its control (including, but not limited to, fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God).
- The Seller’s total liability to the Customer for any loss or damage arising in connection to this Agreement will be limited to a maximum of 150% of the value of the Customer’s order.
- These limitations on liability also extend to any legal representative or agent of the Seller.
- These limitations on liability do not apply where the Seller has fraudulently concealed a defect or has incorrectly described a product or fails to correctly deliver a product.
§ 10 CHOICE OF LAW & JURISDICTION
- Any contract between the Seller and the Customer including but not limited to any orders and these General Terms and Conditions are governed by the laws of the part of the United Kingdom in which the Customer is resident.
- In the event that a dispute between the Seller and the Customer arises out of or in connection with the order or these General Terms and Conditions, the Seller and the Customer both agree that the courts of England and Wales will have exclusive jurisdiction except if the Customer is a resident of Northern Ireland he/she may bring proceedings in Northern Ireland, or if the Customer is a resident of Scotland, he/she may bring proceedings in Scotland.
- Please note that the European Commission also provides a platform for alternative out- of-court resolution of disputes, available on the website http://ec.europa.eu/odr. A link to this page is also available on our website.
§ 11 SELLER COMPANY DETAILS
Kendrick Falls Limited . Westgate Arcade, Westgate, Otley. LS21 3AT. Registered in England and Wales under registration number 11897236.
§ 12 AMENDMENTS & UPDATES
The General Terms and Conditions may be amended from time to time. Any changes are effective as of the date of publication on the Online Store and will apply to any new orders placed by the Customer following the date of publication.
These General Terms and Conditions were last updated on the date in the heading.