Terms and Conditions

Our Contract

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.

2. Price and Payment

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.

The price payable for the goods may be discounted if you provide us with a valid discount voucher from the manufacturer or we claim one (on your behalf) from the manufacturer. If we claim a discount voucher on your behalf, your personal information will be used in accordance with our Privacy Policy. You may need to initially pay the full price for the goods and we will refund you the amount of the discount once we have physically received your voucher. Details of any discounts will be set out on the product description page.

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.

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:

  • Accept your order
  • Be obliged to inform you of the reason for refusal
  • Be liable to you or anyone else for you not receiving the goods
  • Be responsible for the card issuer charging the cardholder as a result of us processing your card payment for the order
  • Be responsible for PayPal charging you for making the order

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.

3. Delivery

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. You must notify us immediately if you do not receive all of the goods within the stated or agreed delivery time.

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.

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.

4. Risk and Title

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.

5. Availability

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.

6. Manufacturer's Warranties

Some of our goods are sold with a manufacturer's warranty. Details of any warranty will be on the product description page.

Some of our goods require registration by you or us (on your behalf) to receive an extended manufacturer’s warranty. Registration may need to be made within a certain amount of time after purchase. If we make a warranty registration on your behalf, your personal information will be used in accordance with our Privacy Policy.

Any query or claim you wish to make under a manufacturer's warranty must be made directly to the manufacturer.

7. Cancellation, Returns and Refunds

Cancellation

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:

  • Goods that are made to order or clearly personalised
  • Goods that are not suitable for return due to health protection or hygiene reasons (for example, respirators) if you have opened the product packaging after delivery
  • Click & Collect orders

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.

Faulty Goods

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.

Returns

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.

Refunds

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:

  • You have notified us to cancel your order, where you have not received the goods; or
  • We receive the goods you returned to us, where you are in receipt of the goods

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).

8. Liability

If you purchase goods from us as a consumer, unless prohibited by law, we accept no liability for any:

  • Loss which is not foreseeable (it was not an obvious consequence of our breach or it was not contemplated by you and us when we entered into our contract)
  • Loss which arises when we are not at fault or in breach of these Terms and Conditions
  • Business loss (including loss of business, contracts, profits, business opportunity or goodwill, as well as business interruption)

These Terms and Conditions do not affect your statutory rights as a consumer.

If you are a trade customer:

  • You agree that these Terms and Conditions constitute the entire and only agreement between us
  • We will have no liability to compensate you other than any refund we make under these Terms and Conditions
  • We will not be liable to you for any business loss (including loss of business, contracts, profits, business opportunity or goodwill, as well as business interruption); indirect or consequential loss; or any other loss which is not a foreseeable consequence of us being in breach of these Terms and Conditions or our legal duties
  • We will not be responsible or liable to you or anyone else for the use or installation of goods by you
  • We will not be liable to you or anyone else for any failings in the use or installation of goods

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.

9. Product Images and Descriptions

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.

10. Events Beyond Our Control

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.

11. Termination

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.

12. Invalidity

If any provision of these Terms and Conditions cannot be enforced, the other provisions will not be affected.

13. Privacy Policy

We will use your personal information in accordance with our Privacy Policy which forms part of these Terms and Conditions.

14. Contact Us

If you have any questions regarding our Terms and Conditions, you can contact us here.

15. Updates to Our Term and Conditions

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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