1.1 We reserve the right to change these terms and conditions at any time, without notice. Any such changes will take effect when posted on this website and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
1.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website.
1.3 By placing an order with us, you confirm that you are resident in the United Kingdom, at least 18 years old and legally capable of entering into binding contracts. You also confirm that any information you provide whilst placing an order is accurate, complete and not misleading.
2. Order process
2.1 Please see the Deliveries How to Use this Website sections for information on how to place an order. All orders that you place on this website will be subject to acceptance in and
accordance with these terms and conditions.
2.2 When you are purchasing Products from our website, acceptance of your order and the completion of the contract between you and us will take place when we send you an email that confirms that the Products have been dispatched(‘Dispatch Confirmation’) unless we have notified you that we do not accept your order or you have cancelled it in accordance with our returns policy.
2.3 Only the Products confirmed in the Dispatch Confirmation will relate to the contract. As to any other Products that were part of your order, we will not be obliged to supply them until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
2.4 We do not file details of your order for you to subsequently access direct on this website, and therefore, please print out these terms and conditions and the order acknowledgement for your own records.
3.1 Delivery charges, details and estimated timescales are specified in the Deliveries section and also when you place an order. We make every effort to deliver Products within the estimated timescales; however delays are occasionally inevitable due to unforeseen factors. You will have the right to cancel any order without liability to us if delivery is more than 30 days late, this being your only remedy for such delay. Time of delivery will not be of the essence and KMS shall be under no liability for any delay or failure to deliver the Products within estimated timescales.
3.2 When ordering Products for delivery outside the United Kingdom, there may be taxes and import duties due for these Products when they reach their destination. Please contact your local customs office, as it will be your responsibility for payment of such duties and taxes.
3.3 The number of parcels recorded as being sent out by us from our warehouse will be conclusive evidence of the same number of parcels received by you on delivery unless you have conclusive evidence to prove otherwise.
3.4 Methods for unloading of Products on delivery is your responsibility unless otherwise agreed in writing by us.
3.5 Failure to take delivery of Products when they are ready for delivery may (at our discretion) incur you storage charges.
4. Risk and Title
4.1 Risk of loss and damage of Products passes to you on the date when the Products are delivered or on the date of first attempted delivery by us.
4.2 Title to any Products you order on this website shall pass to you on delivery of the Products provided that we have processed and received payment in full for the Products and delivery charges.
4.3 Until the Products have been paid for in full, you will insure the Products against damage or theft howsoever caused.
4.4 No withstanding clause 4.3, passing of title in the Products will remain with us and will not pass to you until the amount due under the invoice for these Products (or any other outstanding invoices) including interests and costs have been paid in full.
5. Payment & Pricing
5.1 We take payment from your card at the time we receive your order, once we have checked your card details and stock availability. Products are subject to availability. In the event that we are unable to supply the Products, we will inform you of this as soon as possible. A full refund
will be given where you have already paid for the Products.
5.2 To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency, which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
5.3 The price of any Products will be as displayed on this website from time to time, apart from
the following exceptions:
a) While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of Products you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If you cancel and you have already paid for the Products, you will receive a full refund. The repayment of such monies paid to us will be the extent of our liability to you in the event of pricing errors.
b) Prices are liable to change at any time without notification, but where Dispatch Confirmations have been sent, prices will not change.
c) If Products are incorrectly listed at a lower price, we are under no obligation to supply you these Products at this incorrect, lower price, even after order acknowledgment or dispatch of Products, if the pricing error is unmistakeable and obvious and could have reasonably been seen by you as mis-pricing.
5.4 Payment can be made by any method specified in Methods of Payment. For information
about secure online ordering see Security.
5.5 All prices are shown in £s sterling and exclude VAT (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated otherwise (see Deliveries for further details).
The prices shown are only applicable to purchases made via the KMS Website. On occasions, the prices payable and promotions offered online may differ from those prices and promotions offered at the same time in KMS stores. We are under no obligation to honour any in-store price or promotion that differs from those online. Similarly, KMS stores are under no obligation to honour any online price or promotion that differs from the in-store price.
5.6 All offers are subject to availability and while stocks last.
5.7 Payments by credit or debit card will only be accepted through our secure website or in person by the cardholder at our stores.
5.8 Any payment by cheque, which is not cleared by the bank, may incur a £25 charge each time it is represented for clearance in order to cover any bank/administration charges.
5.9 We reserve the right to charge a surcharge for payments made by credit card.
6. Surcharges on Exchange Units
6.1 In addition to Brand New lines, we also stock a range of ‘Reconditioned Exchange’ parts.
Since KMS requires the old unit back, an automatic refundable ‘surcharge’ (or deposit) will be added to the cost of your exchange part at the point of sale. If the old unit is returned within 10 days of the date of delivery in the original packaging/box that the part was supplied to you in, a credit note will be issued by us in respect of the surcharge, provided that the old unit is in a re-serviceable condition, is not damaged (mechanically or electrically), dismantled, incomplete or rusty/corroded in any way. The old unit must also be identical to the unit supplied. We reserve the right not to refund the surcharge if the exchange unit is found to be unserviceable or different to what was supplied.
7. Returns, Cancellations and Substitutions
7.1 Consumer Rights (by mail order or from our website): If you are a consumer (not buying the Products in the course of your trade, profession or business) then you may cancel a Contract at any time within 7 working days, beginning on the day after you receive the Products. We will process the refund due to you as soon as possible after inspecting the Products, and in any case, within 30 days of the day you gave notice of cancellation of contract. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy. This right of cancellation does not apply to any Products made to your specification or personalised.
7.2 To cancel a Contract, you must inform us in writing. You must also return the Products to us immediately, in a fully resalable condition, in their original undamaged packing, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.If we find that the product has not been returned to us in a fully resalable condition, we reserve the right to refuse a refund on the item, or deduct up to 20% of the original selling price from the refund amount. This does not affect your statutory rights.
7.3 Sometimes the Product specifications from the manufacturer may change, in which case we will do our best to offer you a similar alternative. We may experience problems with the supply of certain Products and may therefore supply a substitute from an alternative manufacturer of the same or better quality. If the price is different to that ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If you cancel and you have already paid for the Products, you will receive a full refund. The repayment of such monies paid to us will be the extent of our liability to you in this event. If you are not happy with the replacement or substitute you can return it in accordance with our returns policy.
7.4 We reserve the right to supply Products of a modified design provided that any modifications do not make the Products unsuitable for any purpose that you have made known to us.
7.5 All sizes and measurements are approximate. All catalogues, brochures, illustrations, pictures, drawings, particulars, information, descriptions, application guides, price lists, and other advertising matter are intended only to present a general idea of the Products and services described in them.
8.1Our Product manufacturers provide a warranty with their Product. If Products become faulty during the warranty period, you must return them to us with proof of purchase, provided that they have not been misused or neglected and that you have complied with any warranty conditions provided with the warranty, and we will repair or replace (at our option) such Products.
8.2 We will be allowed reasonable opportunity to investigate any warranty claim and may require you to promptly return any relevant Products and packaging (including any associated Products), carriage paid to us for inspection.
8.3 We will not accept liability for any claims where you have not followed the claims procedure in the warranty conditions.
8.4 Our aggregate liability (whether in contract, tort or otherwise) for a warranty claim shall in any event be limited to a sum equal to the amount paid or payable by you for the Product(s).
9. Intellectual Property
9.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as
expressly authorised by us or our licensors.
9.2 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
10. Liability and Indemnity
10.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability that may not otherwise
be limited or excluded under applicable law.
10.2 Subject to Section 10.1 above, KMS will use reasonable endeavors to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, 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 KMS will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and KMS accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on
10.3 Subject to Section 10.1 above, other than as expressly provided in these terms and conditions with respect to specific Products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
10.4 Subject to Section 10.1 above, KMS will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
economic losses (including without limitation loss of income or revenue, data, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or waste of office or management time; or corruption of data; or special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
10.5 Notwithstanding the above, subject to Section 10.1 Our aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the Product(s) in respect of one incident or series of incidents
attributable to the same clause.
10.6 This clause 10 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
10.7 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
11. Miscellaneous Provisions
11.1 The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.
11.2 KMS shall be under no liability for any delay or failure to deliver Products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
11.3 To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, Products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, Products, goods or other materials or services available on such external websites or resources.
11.4 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for Products to any third party unless agreed upon in writing by us.
11.5 KMS reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract
to any third party.
11.6 If any portion of these terms and conditions is held by any competent authority to be invalid, unenforceable or unreasonable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
11.8 No delay or failure by KMS to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of KMS.
11.9 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements (whether written or oral) between you and KMS relating to the use of this website (including the order of Products) and sets forth the entire agreement and understanding between you and KMS for your use of this website. No variation or amendment of this Contract will be valid unless in writing and signed by you and our authorised representative.