1.1 In this document the following words shall have the following meanings:
“Service” or “Services” is a reference to any service which we may supply and which you may request via our Website;
“the Customer” “you”, “your” and “yours” are references to you the person, company, partnership, sole trader, body corporate or association placing the order through our Website and ordering any Goods or Services via our Website;
“the Company” “we”, “us” and “our” are references to KT Leicester Ltd;
“Website” is a reference to our Website www…. which we offer our Goods and Services.
“Buyer” means the organisation or person who buys Goods
“Goods” “Services” means the articles to be supplied to the Buyer by the Seller;
“Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable;
“Seller” means KT Leicester Ltd
2.1 These Terms and Conditions shall apply to sales of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged and accepted by the Seller in writing.
2.2 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.3 We may subcontract any part or parts of the Services that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.
2.4 We may alter or vary the Terms and Conditions at any time without notice to you.
3.1. Any contract for the supply of Goods and/or Services from our Website is between you and KT Leicester Ltd. You agree to take particular care when providing us with your details and warrant that these details ar accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide is your own credit or debit card and that you have sufficient funds to make the payment.
3.2. Any Goods and/or Services purchased from our Website are intended for your use only and you warrant that any Goods and/or Services purchased by you are not for resale or distribution by you and that you are acting as principal only and not as agent for another party when receiving the Goods and/or Services.
3.3. When ordering from our Website, you may be required to provide a username and password. You must ensure that you keep these details secure and do not provide this information to a third party.
3.4. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our Website.
3.5. Any order that you place with us is subject to acceptance by us. When you place your order online, we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order details. The fact that you receive an automatic confirmation does not mean that we will be able to meet your order.
4. Price and Payment
4.1 The price any Goods and/or Services shall be the price advertised by the Seller on its website and/or in or through other media and is the price valid at the date of delivery, unless otherwise agreed in writing by the Seller. The price is exclusive of VAT or any other applicable costs.
Payment must be made at the time of ordering the Goods and/or Services from us. Failure to pay on time will result in either the cancellation of your order or a Late Payment Fee.
4.2 The Seller reserves the right to adapt or vary its prices at any time including for confirmed orders to reflect increases in the Seller’s costs for reasons beyond the Seller’s control.
4.3 Credit terms may be offered subject to satisfactory credit vetting of the Buyer by the Seller. The offer of credit will be at the sole discretion of the Seller.
4.4 Where credit is offered payment of the price and VAT and any other applicable costs shall be due within 30 days of the date of the invoice supplied by the Seller, unless otherwise agreed in writing. In cases where credit is not offered payment will be required before release of goods by the Seller.
4.5 The Seller shall be entitled to charge a Late Payment Fee of £30 per calendar month on overdue invoices from the date when payment becomes due for every completed calendar month until the date of payment.
4.6 If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to:
require payment in advance of delivery in relation to any Goods not previously delivered;
refuse to make delivery of any undelivered Goods without incurring any liability whatsoever to the Buyer for non-delivery or any delay in delivery.
5. Your Information
5.1. Where we have requested information from you to provide Telephony Services you agree to provide us with accurate and complete information.
5.3. You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.
6.1 Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms and accepts that it does not in any way rely on any description when entering into the contract.
7.1 Where a sample of the Goods is dispatched/shown to the Buyer, the parties accept that such a sample is representative in nature and the bulk of the order may differ.
8.1 Unless otherwise agreed in writing, delivery of the Goods shall take place by way of a secure download upon payment by the Buyer. Where the Buyer requires and pays the provision and delivery of hard copies of the Goods at the address specified by the Buyer, delivery will take place on or as close as possible to the date required by the Buyer. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
8.2 If the Seller is unable to deliver the Goods because of actions or circumstances under the control of the Buyer, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be effected and the Buyer shall be liable for any expense associated with such storage.
8.3 Any damages, shortages, over deliveries and duplicated orders should be reported to the Seller within 14 days of signed receipt to enable replacement or refund.
9.1 Risk in the Goods shall pass to the Buyer upon receipt of the goods whether by way of a secure download, delivery or other means, whichever happens first.
10.1 Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.
11. Return of Goods / Refunds
11.1 All goods are sold on a firm sale basis, i.e. the Seller will not Refund any payment to the Buyer nor take back any goods not required by the Buyer, unless otherwise agreed in writing by the Seller, in which case the following terms will apply.
11.2 Any returns must be authorised by a representative of the Seller before any credit will be given.
11.3 Where the Seller agrees to accept the return of goods that are not damaged the Buyer will be responsible for the cost of carriage and will ensure that they are carefully packaged to avoid any damage in transit.
11.4 The Seller will not be obliged to accept any goods that are damaged in any way.
11.5 In the event that the Seller agrees to the Return of any Goods, the Seller may, at its sole discretion issue a credit note to the Buyer.
12. Limitation of Liability
12.1 The Seller shall not be liable for any all loss or damage whatsoever or howsoever suffered by the Buyer.
12.2 Great care has been taken to ensure that the information available on this Website is correct and error free. We apologise for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
12.2. We disclaim any and all liability to you for the supply of the Telephony Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Telephony Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
12.3. We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.
12.4. We shall not be held liable for any failure or delay in performing Services or delivering Goods where such failure arises as a result of any act or omission which is outside our reasonable control such as an act of God or those of third parties.
12.5. The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from us.
12.6. We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
13. Intellectual Property
13.1 All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties.
14. Force Majeure
14.1 The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.
15. Relationship of Third Parties
15.1 Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
15.2 The provisions of the Contract (Rights of Third Parties) Act 1999 shall not apply to this Contract and this Contract shall not confer any right on a Third Party under that Act or otherwise.
16. Assignment and Sub-Contracting
16.1 This contract between the Buyer and Seller for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of the Seller.
17.1 The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
18.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
19. Governing Law and Jurisdiction
19.1 This Agreement shall be governed by and construed in accordance with the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the Courts of England and Wales.