These Terms and Conditions govern the supply of goods sold by Kelvin Power Tools Ltd (we and us) to the customer (you) on our website www.kelvinpowertools.com.
We are registered in Scotland; company number SC110003.
Our contract will be governed by Scottish law.
All orders placed by you are on the basis of these Terms and Conditions.
All orders placed by you are subject to acceptance by us. We have accepted your order when we send you an email confirming that your order has been despatched. At this point a legally binding contract is formed between you and us. The processing of your payment and us sending you an email confirming that your order has been accepted does not constitute legal acceptance of your order.
For ‘Click & Collect’ orders, we have accepted your order when we provide you with the goods you have purchased at the trade counter. Goods are only available for collection during our opening hours. If you do not collect your goods within 2 business days then your order will be cancelled.
We may choose to not accept your order for any reason and we will not be liable to you or anyone else in those circumstances.
Where we accept your order, we will have a legal duty to supply goods that are in conformity with these Terms and Conditions.
The price payable for the goods is as set out on our website at the time you submit your order, plus any delivery charges as advised to you by us.
All prices shown include VAT unless otherwise stated. Our invoice to you (which will accompany the goods) will show VAT separately and contain our VAT registration number so that you can reclaim the VAT if you are a VAT registered customer.
If an error occurs and goods are priced incorrectly (including delivery charges), we will not be obliged to supply the goods at the incorrect price or at all. We reserve the right to correct any errors. We will (at our discretion) contact you to ask if you wish to continue with the order at the correct price or cancel your order and refund the price you have paid. If we are unable to contact you or you do not wish to continue with the order at the correct price, we will cancel your order and refund the price you have paid.
The price for any Festool machine that you purchase from us is based on us registering the sellout data for the machine with Festool. If you register the sellout data with Festool on our behalf, we reserve the right to put your account on hold until we recover the owed sellout data amount back from you.
We must receive payment for the whole price of the goods and any delivery charges before your order can be processed. Payment can be made by most major debit or credit cards, or PayPal. This excludes Click & Collect orders which require payment when you collect the goods from us at the trade counter. Payment can be made by cash, or most major debit or credit cards.
By using a debit/credit card to pay for your order, you confirm that you are the cardholder or that you are authorised to use it. By using PayPal, you confirm that the PayPal account is yours.
All debit/credit cardholders are subject to validation checks and authorisation by the card issuer. All PayPal payments are subject to authorisation by PayPal. If the card issuer or PayPal refuses to authorise payment, we will not:
If you are a trade customer (which means anyone who acts for purposes relating to their business, trade or profession), you are responsible for all orders placed by your employees and purchases made on cards issued to you. We are not bound by any individual order limit you impose on your employees.
Except in exceptional circumstances, we aim to deliver the goods within the stated delivery time, unless otherwise agreed between you and us. We reserve the right to deliver your order in instalments through separate delivery shipments.
A valid signature will be required on delivery of the goods. You must inspect all goods before signing for receipt of delivery. Failure to do so may invalidate any carriage or future warranty claim you make. You cannot sign for receipt of the goods as "unchecked" or "unexamined". If there are any signs of damage to the consignment, then you must sign for it as "damaged" or, alternatively, you can refuse delivery. You must notify us immediately if you receive or refuse delivery of goods which have been damaged in transit. Failure to do so may invalidate any carriage or future warranty claim you make. Please email pictures of the damaged goods, the damaged parcel packaging (both internal and external views) and the courier label to email@example.com.
You must do all that you reasonably can to enable delivery to take place at the agreed time and place. If delivery fails due to any fault of yours (for example, wrong delivery instructions), you may have to cover any costs to re-deliver. If we are unable to contact you to arrange re-delivery, we will cancel your order and refund the price you have paid.
In most cases, you will receive notification that your goods have been delivered. If you receive this alert and you have not received your goods you must contact us within 5 working days. This gives us the best chance of investigating and recovering the goods.
Delivery to job sites are done so at your own risk. We are not liable for deliveries made to job sites where proper courier instructions are not provided.
We do not ship to forwarding companies or self storage facilities. We can not take responsibility for these third parties we are not affiliated with.
You will become the owner of the goods once we have received full payment for them and they have been delivered to you or you have collected them at the trade counter. At this point, the goods will be held at your own risk and we will not be liable for their loss, damage or destruction.
All goods are subject to availability. If we do not have sufficient stock to supply the goods you have ordered, we will contact you to ask how you wish to proceed. If we are unable to contact you or you do not wish to continue with the order, we will cancel it and refund the price you have paid. We may process any part of the order which is available and do so without contacting you beforehand.
Some of our goods are sold with a manufacturer's warranty. Details of any warranty will be on the product description page.
Any query or claim you wish to make under a manufacturer's warranty must be made directly to the manufacturer.
You have the right to cancel our contract and return the goods you have ordered by giving us notice of cancellation within 14 days of the date you received delivery of the goods. You may need to take delivery of the goods before you can cancel your order if we have already despatched the goods before we receive your cancellation notice. If your order has multiple delivery shipments, the 14 day cancellation period starts from the date you receive delivery of the last shipment.
Your right to cancel does not apply to:
You will lose your right to cancel once the 14 day cancellation period expires. This does not affect your rights if the goods are faulty or incorrect.
To exercise your right to cancel your order, you must inform us of your decision by contacting us here. If you are cancelling due to the goods being faulty or incorrect, please inform us of this at the time.
If you notify us of a fault with the goods within 30 days of the delivery or collection date, you have the right to reject the goods and receive a full refund (once it has been established that the goods are genuinely faulty). Alternatively, we are happy to replace the goods if you prefer.
If you notify us of a fault with the goods after 30 days of the delivery or collection date and up to 6 months after, we will (at our discretion) offer a repair or replacement of the goods. If the goods are to be repaired and the manufacturer has provided a helpline, repair service or warranty; we may ask you to make direct contact with the manufacturer. If there is no such service or warranty with the goods, we will (at our discretion) offer a repair or replacement of the goods.
For order cancellations where you have received the goods; you must return them to us in a resalable condition in their original packaging with all components (including promotional items like free gifts) within 14 days of the date of cancellation at your cost.
If you cancel your order for goods delivered direct from the manufacturer, we will arrange for the manufacturer to collect the goods from you. Some collections may incur a charge.
If goods are being returned because they are faulty or incorrect, we will cover the delivery costs and we will choose the delivery method.
See our Returns Policy for more information.
Where we have established that a refund is due, we will refund you the price you paid for the goods. We will only refund delivery charges if the goods are faulty or incorrect.
We will only pay the refund after:
We reserve the right to withhold the refund until we have received the goods you returned to us.
We will refund you using the same method of payment you used to pay for your order.
We reserve the right to make a deduction from the refund amount to cover any loss in value of the returned goods where they show signs of unreasonable use.
The provisions of this clause do not affect your legal rights if you are a consumer (which means anyone who acts for purposes outside of their business, trade or profession).
If you purchase goods from us as a consumer, unless prohibited by law, we accept no liability for any:
These Terms and Conditions do not affect your statutory rights as a consumer.
If you are a trade customer:
All goods are intended for use in the UK only.
All goods are sold in accordance with the manufacturer’s specifications and are subject to any instructions contained in the documentation provided with the goods.
All images are for illustration purposes only. Exact products may vary from those shown in images. Contents shown in images are not included unless stated in the product description.
Product specifications (including measurements and weight) are approximate.
If an error occurs and a product description is incorrect, we will not be obliged to supply the goods in accordance with the incorrect description or at all. We reserve the right to correct any errors. We will (at our discretion) contact you to ask if you wish to continue with the order at the correct description or cancel your order and refund the price you have paid. If we are unable to contact you or you do not wish to continue with the order at the correct description, we will cancel your order and refund the price you have paid.
We will not be responsible or liable for any delay or failure in delivering or supplying goods; any damage or defects to goods delivered or supplied; or any other liability that is caused by any event or circumstance beyond our reasonable control. This includes but is not limited to failure of telecommunications networks; inability to use transport networks; accidents; extreme weather conditions; fire; explosion; natural disaster; acts of God; terrorist attack; war; riots and civil commotion; strikes, lockouts and other industrial disputes; acts or restrictions of Government; and imposition or restriction of imports or exports.
We may stop any goods in transit, suspend further delivery or supply of goods, or terminate our contract with you if you breach any obligation in these Terms and Conditions.
If any provision of these Terms and Conditions cannot be enforced, the other provisions will not be affected.
If you have any questions regarding our Terms and Conditions, you can contact us here.
If we make any changes to our Terms and Conditions, we will notify you by updating this page and, where appropriate, contacting you via email.
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