KAELO’S TERMS & CONDITIONS
By accessing this website and or placing an order you agree to these terms and conditions.
It is important and quite long, but we encourage you to read it carefully.
Kaelo Ltd is the data controller and our registered office is 3 Bath Place, London, EC2A 3DR
Company registration number is 10007348
VAT registration number is 286 3348 73
Our contact details are as follows:
By post: 3 Bath Place, London, EC2A 3DR
By email: info@kaelo.co.uk
1. Introduction:
We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
2. Ordering from www.kaelo.co.uk:
You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
Our acceptance of an order takes place when we despatch the order. When we despatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.
Delivery is usually 4-8 weeks from placing an order but we will confirm the estimated dispatch date in the order confirmation email
We may refuse to accept an order:
(a) where goods are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error; or
(d) if you do not meet any eligibility criteria set out in our terms and conditions.
3. Pricing:
All prices include VAT (where applicable) at the current rates.
Prices shown are subject to change without notice.
4. Returns Policy – cancellation and unwanted goods:
If you wish to cancel your order:
(a) you can notify us by email to info@kaelo.co.uk before we have dispatched the goods to you; or
(b) where goods have already been dispatched to you, by returning goods to us in accordance with clause 4.2 below.
You can return goods you have ordered from us for any reason at any time within 14 days of receipt for a full refund. The costs of returning goods to us shall be borne by you.
Upon receipt of the goods we will give you a full refund of the amount paid.
The rights to return the goods as defined in clause 4.2 will not apply in the event that the product has been damaged through misuse.
The right to a refund as defined in clauses 4.2 and 4.3 covers only the cost of the product – we are not responsible for any costs that you may incur to install the product or the costs of making good cuts to any surface material if you decide you no longer want the product
The provisions of clauses 4.4 and 4.5 do not affect your statutory rights.
5. Manufacturer’s Guarantee Terms and Conditions
5.1 Products manufactured and supplied by Kaelo Ltd, are guaranteed against material or manufacturing faults for two years, with any refurbished Kaelo’s guaranteed against material or manufacturing faults for one year, subject to the following terms and conditions:
(a) the guarantee will cover any fault that occurs through normal use, any failures due to negligence or damage will not be covered;
(b) the product must be purchased and installed within Europe;
(c) the product must be correctly installed in accordance with the installation instructions;
(d) any guarantee claim will be supported by a written report and photographic evidence to establish that the unit has been installed correctly and not subject to negligence or damage – details of these requirements will be discussed when implementing a return;
(e) the guarantee period will commence from date of installation, unless the installation is made more than three months from the date on which the product was dispatched by us, in which case the guarantee period will commence three months from the dispatch date;
(f) the product must only be used in a domestic residential environment;
(g) the product must not be installed outside; and
(h) the guarantee period will not be extended even if we repair or replace any product or part.
5.2 The following conditions are not covered by the guarantee:
(a) minor faults or deviations in the product which do not affect the product’s value or operation, does not affect its fitness for the intended purpose and is not visible after installation;
(b) faults resulting from improper use (e.g. operating errors, mechanical damage, incorrect operating voltage) Proper use for the purposes of this guarantee is defined as use of the product under the conditions stated in the instructions for use;
(c) damage caused by faulty installation, theft, tampering, neglect, misuse, accident, fire, flood, explosion, or force majeure;
(d) damage caused by the non-observance of the usage instructions;
(e) faults due to reasonable wear and tear;
(f) any modification of or repairs to products effected by the owner or a third party, unless Kaelo has given its prior written consent to the nature and extent of the modification or repair; and
(g) faults of which the purchaser was already aware at the time of purchase.
5.3 In the event that you exercise your rights under the guarantee in respect of a product which we no longer sell, we reserve the right to replace the defective product with an equivalent model now in stock as we may be unable to procure the necessary parts to repair or replace the defective product/part. For the avoidance of doubt, the guarantee period will not be extended in respect of replacement products installed under this clause 5.3.
6. Visitor material and conduct:
Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not misuse the Website (including, without limitation, by hacking).
We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 6.2 or 6.3.
7. Licence:
You are permitted to print and download extracts from this Website for your own use on the following basis:
(e) no documents or related graphics on this Website are modified in any way;
(f) no graphics on this Website are used separately from accompanying text; and
(g) any of our copyright and trademark notices and this permission notice appear in all copies.
Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 6.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
Subject to clause 7.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
Any rights not expressly granted in these terms are reserved.
8. Links to and other from website:
Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third-party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk.
You may not create any links to this Website.
You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 8.2.
9. Service access:
While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
10. Disclaimer:
While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
11. Liability:
We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
Nothing in these terms and conditions shall exclude or limit our liability for
(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977);
(b) fraud;
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.
If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
12. Governing law and jurisdiction:
These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
13. Miscellaneous:
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.