Terms & Conditions
1.1 This website is owned by Kardon Limited, a company registered in England (company number 12699674) registered office at 12 Westville road, London W12 9BD.
1.2 By purchasing any products and by using this website you acknowledge that you agree to be bound by and comply with these Conditions of Sale and Terms of Business.
2. OUR CONTRACT
2.1 The placing of a product on our website is an invitation to accept offers for such product, and is not an offer to sell at the listed price nor is it binding on us. We are under no obligation to accept your order (whether or not the order has been confirmed and the credit card has been charged).
2.2 Your order is an offer to Kardon Limited to buy the product(s) in your order. When you place an order on this website to purchase a product from Kardon Limited, we will send you an e-mail confirming receipt of your order and containing the details of your order as well as a VAT receipt (the " invoiced.pdf ").
2.3 The Order Confirmation E-mail (the " invoiced.pdf ") is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you.
2.4 Any order (accepted or not) is subject to the availability of the product. If the product becomes unavailable prior to delivery we will then notify you within 14 days of acceptance of your order and give you the choice to cancel the order and receive a full refund or the choice to select an alternative product. If payment has been taken for the product and you have cancelled the order, we will issue a refund within 14 days of receiving notification of cancellation of your order. If you choose an alternative product these terms still apply. If payment has been taken for a cancelled order we will refund any overpayments. Any underpayments will be taken before we ship the item(s).
2.5 In the event an item has been incorrectly priced due to an error, we will notify you within 14 days of accepting your order of the correct price by email and we will give you the choice of either purchasing the product at the correct price or cancelling the order. If payment has been taken for the product and you cancel your order we will, on return (if the item has been sent out) issue a refund within 14 days of such return or notice of cancellation (where no product has been sent out). If only some of the products you ordered are mispriced that will not affect the order in relation to any products which were priced correctly and we will deliver these products to you in accordance with these terms.
2.6 Your contract is with Kardon Limited. Without affecting your right of cancellation set out in section 4 below, you can cancel your order for a product at any time before we dispatch the order.
2.7 You consent to receive sales invoices electronically.
2.8 By placing an order with Kardon Limited, you give permission for the contact details, including name, company, invoice address, delivery address, telephone number and email address that you provide, to be given to our nominated dispatch teams (warehouse and drop shipping) and 3rd party courier services to make sure your order is processed and delivered successfully.
3.1 The products will be delivered to the address you give when you place your order however we reserve the right not to make deliveries outside of the United Kingdom.
3.2 Please note that all orders that require international deliveries outside of the UK, including Republic of Ireland, will be subject to an international delivery charge, which will be added to your order once the delivery address has been entered at checkout. Our International delivery charge only applies to deliveries inside the EU zone 1-3. Anything outside of this may require a separate transportation quote. You will be contacted in this instance.
3.3 Risk in the products passes to you when the products are signed for at the delivery address stipulated in your order. We accept no responsibility for any damage or loss to the products after risk passes. If for any reason you need to change the delivery address after the original delivery address has been given to us, we cannot take responsibility if the goods are delivered to the original delivery address. We will do our utmost to make sure the change of address is passed on to our couriers however because we use 3rd party couriers we cannot guarantee they can change the delivery address once the order has been processed and/ or is in transit. We cannot accept any responsibility for loss if the order has been delivered to the original delivery address due to this, even if we have had confirmation from the 3rd party courier of the change being made.
3.4 Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as "UNCHECKED" any damages MUST be notified to Kardon Limited within 24 hours of delivery.
3.5 We will inform you as soon as possible after acceptance if we are unable to deliver the products to you on the date specified by you and you may agree to an alternative delivery period or you may cancel the order. In no event shall we be liable to you for any losses you may have for any delay in delivery and time of delivery shall not be of the essence of the contract.
3.6 If you fail to take delivery of the products and without prejudice to any other rights and remedies available to us, we may:
a. Store the products until actual delivery and charge you the reasonable costs (including, without limitation, insurance) of storage;
b. Sell the products at the best readily obtainable price and either:
i. where you have not already paid for the products, account to you (after deducting all reasonable storage and selling expenses) for any excess over the price you agreed to pay for the products or charge you for any shortfall below the price you agreed to pay for the products; or
ii. Where you have already paid for the products, account to you (after deducting all reasonable storage and selling expenses) for any proceeds received.
3.7 We will endeavour to deliver your goods as soon as possible and will try to meet your delivery instructions.
3.8 We will make every effort to deliver your goods within the time stated on our website but we will not be liable for any loss caused to you by late delivery.
3.9 If you do not receive your goods within the stated delivery period please contact us by telephone or e-mail and we will contact our couriers on your behalf.
3.10 Please be aware that for repeated delivery attempts organized by yourself with the courier company outside of the "normal" delivery schedule from Kardon Limited you may be charged an additional fee to cover the re-delivery.
3.11 We would ask that you check over the product/s on delivery and if damaged please make the courier aware, by writing on the docket / hand held computer.
3.12 The couriers are obliged to wait while you inspect the goods. If the courier will not wait, please accept and sign as "DAMAGED". If the packaging appears damaged please state this on the delivery documentation, this will help us to make claims on your behalf from the couriers should the item prove to be beyond repair. If you sign for a 'Clean Bill of Delivery', any insurance claims against the courier for damage in transit will be void.
3.13 You shall then give Kardon Limited an opportunity to inspect the goods within a reasonable time following delivery and before any use is made of them. If you should fail to comply with these provisions the goods shall be conclusively presumed to be free from defect or damage and you shall be deemed to have accepted the goods.
3.14 Items you order from Kardon Limited may sometimes be sent in more than one delivery, even if you've requested that you receive them all together. For example, you may receive multiple deliveries if your order contains an oversized item that needs to be dispatched separately.
3.15 Regardless of the number of deliveries you receive, you will only be charged the amount that was originally quoted to you at the time you place your order.
Extra Items Delivered
If, by mistake we supply you with extra items you have not ordered or paid for you must notify us immediately. We may ask for you to return the goods back to Kardon Limited, if we do we will nominate a courier or service to use, we will refund postage costs for the nominated service only.
If you are unable to return the goods by our nominated service we may be required to collect the goods from you, we will notify you of a date when these items will be collected and will assume unless told otherwise that the collection address will be the original delivery address, should the collection fail due to you not being available you will be liable for the costs involved for the failed collection and subsequent collection attempts.
If you do not adhere to this procedure and are found to be in possession of goods that you have not paid for, you will be charged for the goods.
4. RIGHT OF CANCELLATION
Here at Kardon Limited we are confident that our products will exceed expectations, however, if you feel you have a valid reason to return the product(s) please follow this simple procedure.
4.1 You must contact Kardon Limited within 14 days of receipt of goods that you would like to cancel your order in writing, either by e-mail to us or recorded delivery post.
4.2 Within the 14-day period you have the option to return the goods by your own method. However, responsibility for the product(s) is yours until it/they arrive back to Kardon Limited as is the cost of returning the product(s), we therefore urge you to use a secure delivery method, which requires a signature on delivery. Please Note that if you fail to take reasonable care of the goods Kardon Limited reserves the right to seek compensation. We shall not charge you for delivery out of the product(s) if delivery is arranged by yourselves within 14 days.
4.3 You are not obliged to specify the reason for your cancellation within the stated 14 days period. We would however appreciate a brief explanation so that we can help to improve our offerings to customers in the future.
4.4. If you would like to return a product after this 14-day cooling off period, there will be an extended period for wholesalers for up to 14 days to return goods after which we will arrange collection from you using our courier service of choice. You will be charged for the delivery of the product(s) out to you as well as the cost of collecting the products. You will be made aware of the amount before collection is arranged. We reserve the right to impose restocking charges relating to the items of up to 25% of the purchase value.
4.5 Please note after 14 days have passed, you will no longer be entitled to return your product(s), unless it/they is/are defective. See section 5 Defective products below if you need to return your product(s) for defective reasons. This does not affect your consumer rights. We reserve the right to impose restocking charges relating to the items that are non-defective. Please note the 14-day satisfaction guarantee excludes any non-product products including the Dyson Airblade Tap range. Wholesalers are still able to return non-defective and uninstalled good to us after 14 days for up to another 14days after informing us of the need to return, however, goods must still be brand new and resealable conditions in addition to which we reserve the right to charge restocking fee of 25%.
4.6 If you fail to take reasonable care of the product(s) before they are returned to us and the result is damage or deterioration, we will seek damages from you for the reduction in value.
4.7 If you pay for goods by credit card and cancel we reserve the right to take a small admin fee appropriate to the sagepay charges that we incur.
4.8 Please note, if we are arranging collection of your return product we will let you know the date this will happen. If when the courier arrives the product is not available to be collected we will charge you a failed collection charge of £15 ex VAT. Therefore please let us know if the product will not be available to collect on the stated day allocated to you.
4.9 This cancellation policy does not affect your legal rights for example, if goods are faulty or incorrectly described.
4.10 Return of goods that are not faulty after 14 days, in addition to 25% restocking fee, will incur a 2.5% handling charge in addition to the delivery and collection charges if the goods were paid for using a credit or debit card. This is to compensate for the charges we will incur for processing and refunding the payments.
4.11 'Special' orders that have been made which are either for a non standard product not shown on our website or that have required special transportation arranging such as airfreight cannot be returned without paying the full costs of delivery, cancellation fees of 25% and administration. 'Special' orders are referred to as any orders where prior deposits have to be made to secure larger than typical orders or specialised items.
5. DEFECTIVE products
5.1 You have the right to return a product within a reasonable period of time as per the sales of goods act, please note: we will when possible repair the product, if this is not possible we will then offer a replacement or a refund should no replacement be available.
5.2 Please keep all the warranty information that accompanies your item, as this will be needed should there be a fault. Please note if an item is faulty, unless specified we provide a free of charge replacement; uninstallation costs are not covered.
5.3 The warranties do not apply to any defect in the products arising from your negligence, damage caused by you, accident, use otherwise than in accordance with its intended use, failure to follow manufacturers or our instructions or any alteration or repair carried out without our written approval.
5.4 If the products are damaged on delivery, incomplete or not what you ordered, please notify us via email/phone straight away and in any event within 24 hours of receiving the item/s, we will be unable to refund/replace any product if notified outside of this period. At our option we will repair or replace the Product or refund its cost to you. We may ask for photos to be provided for insurance purposes, as SMART phones with camera functions are now common place.
5.5 We shall arrange for a faulty product to be collected at our cost, however If you return an item and it is found not to be faulty you may be liable for the costs of collection, inspection and returning the product back to you.
5.6 If you are in need of a product before returning the faulty unit, we will require an advanced replacement fee or an advanced replacement PO (for wholesalers) which will be the cost of the replacement product as a deposit until the faulty unit is received back to us. We shall then send out a replacement product once this payment or PO has been received. Once the faulty unit is ready for collection, we shall arrange this at our cost. When the faulty product has been inspected by our service team, and is deemed faulty, a full refund of the advanced replacement fee or credit for the PO will be issued within 14days of the inspection date. Please note, if the returned product is not deemed faulty, we reserve the right to send it back to you and not refund the advanced replacement fee for the replacement unit. You have 10 days from the issue of the new product to return the faulty product. If after 10 days we have still not received the faulty unit, we will deduct 25% of the deposit as an admin fee and also deduct the cost of collecting the faulty unit before issuing a refund on return of the faulty unit.
5.7 Please note, if we are arranging collection of your return/faulty product we will let you know the date this will happen. If when the courier arrives the product is not available to be collected we will charge you a failed collection charge of £15 ex VAT. Therefore please let us know if the product will not be available to collect on the stated day allocated to you.
6. PRICING AND AVAILABILITY
6.1 All prices are exclusive of legally applicable VAT.
6.2 We list availability information for products sold by us on the website including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail or telephone as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products.
6.3 Please note that unless otherwise stated on the website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such.
6.4 Despite our best efforts, a small number of the items in our catalogue may be mispriced. We will verify pricing when processing your order and before we take payment. If we have made a mistake and a product's correct price is higher than the price on the website, we may either contact you before dispatch to request whether you want to buy the product at the correct price or cancel your order. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product.
7. OUR LIABILITY
7.1 Kardon Limited and its affiliates will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.
7.2 Further, no warranty is given that the Website shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability
7.3 Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.
7.4 Access to and use of this Website is at your own risk. We do not warrant that the use of this Website or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection. We accept no liability for viruses. We recommend that you take all appropriate safeguards before downloading information or images from the Website.
7.5 We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your right to have the products sent to you within a reasonable time. If the delay occurs before the products are dispatched, we will not charge you for the products until they are dispatched and you may cancel your order at any time prior to dispatch.
7.6 We shall not be liable to you for any loss of profit; or loss of anticipated revenue; or loss of business; or any consequential or indirect loss
8.1 Product images are for illustrative purposes only and may differ from the actual product. All Kardon Limited images are not intended to form part of any contract or warranty with our customers. Certain images and Videos on the website are owned by Kardon Limited and are classed as intellectual property. The user is not permitted to use any of the Kardon Limited website images for business use, they are solely for illustrative purposes.
9. LINKS TO THIRD PARTY WEBSITES
9.1 The use of third party websites is entirely at your own risk. Links contained in the Website will lead to other websites not under our control, and we accept no liability for the content of any linked site or any link contained in a linked site. Links provided on the Website are provided to you only as a convenience and the inclusion of any link does not imply reliability and endorsement by us of the content of any third party's website.
10. ENTIRE AGREEMENT
10.1 These Conditions of Sale and Terms of Business represent the entire understanding relating to the use of the Website and supersede all other statements, representations or warranties (whether written, made by email or oral) made by us. Nothing in these Conditions of Sale and Terms of Business shall affect the liability of either party in respect of any misrepresentation, warranty or condition that it makes fraudulently. Any rights not expressly granted in these Conditions of Sale and Terms of Business are reserved by us.
11. FORCE MAJEURE
11.1 We shall not be liable to you for any delay in, or failure of, performance of our obligations under these Conditions of Sale and Terms of Business arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion, strikes, riots or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.
12. AMENDMENTS TO THE CONDITIONS OF SALE AND TERMS OF BUSINESS
12.1 We reserve the right to make changes to our website, policies, and terms and conditions, including these Conditions of Sale and Terms of Business at any time. You will be subject to the terms and conditions, policies and Conditions of Sale and Terms of Business in force at the time that you order products from us, unless any change to those terms and conditions, policies or these Conditions of Sale and Terms of Business is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Conditions of Sale and Terms of Business is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
13.1 If you breach these Conditions of Sale and Terms of Business and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale and Terms of Business.
14.1 We do not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18 you may only use Kardon Limited UK with the involvement of a parent or guardian.