Terms & Conditions
TERMS & CONDITIONS
In this document the following words shall have the following meanings:
1.1 "Buyer/you/your" means the person who buys Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.4 “ Price" means the list of prices of the Goods maintained by the Seller as amended from time to time;
1.5 "Seller/our/us/we" means Key Trailer Solutions Ltd of 13 Dunblane Avenue, Bolton BL3 4UB. Company registration number 11979332.
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
- General Information
2.1 We reserve the right to change these terms and conditions at any time. Your use of our website will automatically constitute your agreement to be legally bound by the terms and conditions set out herein. It is important that you read the terms and conditions each time you use our website as you will be bound by the latest terms and conditions that are posted here.
2.5 Nothing in these Terms and Conditions shall affect the Buyers statutory rights as a Consumer.
3.1 When you place an order on our website this will be deemed as an offer to purchase goods in accordance with these terms and conditions. The Seller may choose not to accept an order for any reason.
3.2 As part of the checkout process you will be given the opportunity to review the final details of your order before you submit the order and make payment.
3.3 The order shall only be deemed accepted by Key Trailer Solutions Ltd when you have paid for the goods, the full amount of monies has been received by us and the goods have been dispatched.
3.4 All orders placed via our website are subject to availability of stock. In the unlikely event that you place an order for goods that are out of stock, we will contact you as soon as possible. You will be given the option to wait until the goods are available and in stock or to cancel your order. Under these circumstances, if you choose to cancel your order you will be refunded in full.
3.5 Whilst we use our best endeavours to fulfil orders made by you, we will not be liable for any failure in the performance of any of our obligations to you caused by factors outside our control including (without limitation) strikes, lockouts, shipping delays, fire, war, etc. In such an event, you will have no claim against us for any loss or damage which may result.
4.1 All prices are shown in Pounds Sterling and are only applicable to purchases made via our website.
4.2 In the event that there are any errors regarding price we reserve the right to correct that price and notify you accordingly. We are no under obligation to provide goods to you at the incorrect lower price and reserve the right to cancel your order. In these circumstances, it will be deemed that a contract has not been entered into and you will not be bound to continue with your purchase. You will be given the option to proceed with the revised order at the correct price or to cancel the order. Upon cancellation, your credit or debit card will be refunded in full. The repayment of such monies paid to us will be the extent of our liability to you in the event of these errors.
4.3 Prices may vary in-store to that shown on our website or any other advertising material unless expressly stated.
4.4 We reserve the right to alter prices at any time.
4.5 All delivery prices (where applicable) are quoted at the time you place your order, no credit will be issued for goods collected from any of our premises by you or any third party employed by you unless agreed in writing prior to collection of the goods.
- Product Information
5.1 Any application lists, catalogues, descriptions, information or advice provided by us in respect of goods is as accurate as possible although it is for illustrative purposes only. Any weights and sizes supplied are a guide only and are approximate. In all instances, it is your responsibility to assure yourself that the goods supplied are suitable for the application involved.
5.2 Goods supplied will conform in all material respects to their description. We reserve the right to amend any design or specification without prior notification provided that it does not adversely affect the performance of the goods.
5.3 We reserve the right to supply goods of a revised/modified design providing that any difference does not affect the goods performance or suitability for the intended purpose.
5.4 While every effort has been made to ensure the accuracy of our catalogue, we do not accept any responsibility for errors or omissions. Replacement parts should always be checked against the original ones prior to fitting to ascertain their suitability for purpose.
6.1 We accept payments by most major credit/debit cards or by PayPal. Please check our website for all payment methods.
6.2 Payment of the total purchase price (including VAT and any delivery charges) must be made in full before dispatch of the Goods.
6.3 Payments via our website will only be accepted where the card in question has been verified, where this is not possible, we reserve the right to cancel any order without notice.
6.4 We are not liable for any bank charges that you may incur if sufficient funds are not available at the time of processing the payment.
6.5 We do not retain any details of your credit/debit card at any time during your use of this website.
6.6 We reserve the right to charge a credit card surcharge if you choose to make payment to us by credit card.
7.1 Delivery charges are displayed clearly as part of the checkout process.
7.2 Deliveries will be made by our vehicles or carrier and will be at our discretion.
7.3 For deliveries to non-mainland UK addresses and certain remote locations there may be an additional surcharge imposed by our carriers and a slightly longer delivery lead-time.
7.4 Any days or timescales quoted for delivery are approximate only. We will use all reasonable endeavours to avoid late deliveries. We cannot be held liable for any delay or failure to deliver goods within the estimated timescale and/or any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date. If we anticipate any delivery taking longer than expected we will endeavour to notify you by e-mail.
7.5 Our liability for non-delivery of goods will be limited to, at our discretion, replacing the goods within a reasonable time, issuing a credit note for the value of the goods or a refund of the purchase price paid.
7.6 Title and risk in the Goods shall pass to the Buyer upon payment for the goods.
7.7 Time of delivery will not be of the essence and any delivery date is an estimate only. You will have the right to cancel any order without liability to us if delivery has not taken place more than 30 days late after the time specified by us.
7.8 Any claim that goods have not been delivered to you by us must be notified by you to us within 7 days of their expected delivery.
7.9 The quantity of any consignments recorded by us upon dispatch from our business premises will be conclusive evidence of the goods received by you on delivery unless you can provide conclusive evidence to prove otherwise.
7.10 If you fail to take delivery of any goods at the time agreed for delivery then we will be entitled to cancel or suspend such delivery and all other outstanding deliveries and to charge you for the loss suffered. It is your responsibility to provide the means for unloading goods from our vehicles on delivery.
7.11 All non-delivery claims will at our discretion, limited to, replacing the goods or issuing a credit note within a reasonable time so not to cause excessive inconvenience.
7.12 Any claim that goods have been delivered damaged or do not comply with their description should be made within 7 days of their delivery. Provided that such goods are returned to us in line with our returns policy, we will refund, issue a credit or replace the goods at our discretion.
7.13 All claims that goods have not been delivered to you by our appointed carriers must be made within 7 days of the expected delivery date. We reserve the right to make appropriate investigations with our carrier within a reasonable timescale. In some cases, we may require compelling evidence from you or a third party to aid the investigation process. You will be notified of our decision (to refund, replace or issue a credit for the goods) within 14 working days of your initial claim.
7.14 If you fail to take delivery of goods on a mutually agreed date, we may, where required, store them at a nominated site or have them stored by a third party where we deem it necessary. In any event, you will be liable for the cost of storage until delivery is complete.
8.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 7 days of delivery if the Goods are damaged or do not match the product description on our website.
8.2 Goods purchased online may only be returned with our prior written authorisation and we reserve the right to deduct the appropriate handling charges or reduce the refund amount to reflect any damage or reduction in value of the goods as a result of incorrect handling or damage.
8.3 If you are exercising your right to change your mind, all refunds will be issued within 5 working days from the day on which your goods arrive with us.
8.4 All goods that are incorrectly supplied will be refunded within 7 days, providing they are returned as new in their original packaging.
8.5 All goods purchased via our website will only be credited back to the original payment method.
8.6 Only goods returned in the same condition in which you receive them qualify for a refund, you have no entitlement to a refund if the goods returned have been used and where applicable have been removed from sealed clear packaging.
8.7 Electrical items are non-returnable unless faulty or in agreement with us.
8.8 Return postage remains your responsibility unless, the goods are faulty or are incorrectly supplied or because of an error on our behalf.
8.9 All unwanted products must be returned within 30 days from the date of delivery, goods returned after this period will be subject to the appropriate handing charges. All special order items are non-refundable except at our discretion.
8.10 If you are responsible for return postage costs and we agree collection from yourself, you agree we can bill you for the direct cost to us of such collection, this will be agreed at the point of booking collection from yourself.
8.11 Where we are collecting goods from yourself on a mutually agreed date, you are liable for costs incurred if collection is missed/goods are not available for collection on that day.
8.12 Where we are liable for postage but are unable to organise a collection, you must return the goods to us via the cheapest tracked method possible and provide proof of purchase for the chosen postage. In cases where postage costs are deemed excessive, we reserve the right to refund the value of the cheapest postage method available at that time.
8.13 All ‘Special Order’ items are non-returnable unless previously agreed with us, all special order returns are subject to at 30% restocking fee, deductible from any refund due.
8.14 Where returned Goods are found to be damaged due to the Buyers fault the Buyer will be liable for the cost of remedying such damage.
8.15 The Buyer is advised to carefully check any descriptions, dimensions, and photographic images supplied on the sellers website before purchasing items to ensure that the product is the correct one required.
8.16 Goods that have been cut, marked, or damaged by the buyer will be deemed as used and unless proved to be faulty or defective they will not be refundable.
9.1 Under the Distance Selling Regulations, you have the right to cancel your order any time before dispatch, or within seven days of receiving your goods.
9.2 If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to us at your own cost. The goods must be returned unopened and you must take reasonable care to ensure the goods are not damaged in the meantime or in transit.
9.3 To cancel an order under this contract, you must:
9.3.1 Inform us in writing;
9.3.2 Return the goods to us in the same condition in which you received them with the original packaging and the product documentation, and at your own cost and risk. The goods must not have been used and, where applicable, must not have been removed from the sealed clear packaging; and
9.3.3 Provide proof of purchase in the form of our invoice for the original supply of such goods.
9.3.4 Nothing in this clause affects your statutory rights.
9.4 We will issue a full refund for the goods/services purchased via same method as payment.
10.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.
10.2 Where applicable, goods are supplied with the benefit of a warranty given by the manufacturer. Details of the warranty period may be provided to you with the goods at the time of purchase or otherwise will be available upon request.
10.3 All products are supplied and guaranteed by the manufacturer in accordance with manufacturers specifications. Any item which is proved and admitted by the manufacturer to be defective during the relevant warranty period due to material or structural defect will be replaced free of charge or credited in full at our discretion. Under no circumstances will we accept liability for consequential loss or damage or pay for any repairs or alterations without prior authorisation.
10.4 In the event of a warranty claim, you must notify us in writing and by completing a warranty form detailing the fault.
10.5 You must return the goods to us for inspection by the manufacturer. The manufacturers report will be final and we shall have no further liability to you.
10.6 You will allow reasonable opportunity for claims to be investigated by us/the manufacturer prior to any replacement, refund or credit being issued and where required provide additional information and or goods for inspection if requested by us or the manufacturer.
10.7 We will have no liability to you in respect if any defect arising from wear and tear, wilful damage, negligence, tampering of goods, abnormal working conditions, incorrect fitting or ordering of goods or failure to follow the manufacturer’s instructions.
10.8 A warranties provided are non-transferable and apply only for the original customer.
10.9 The warranty starts from the date of delivery, if we replace the goods within the warranty period, the warranty does not start again, you will only benefit from the remaining warranty period.
10.10 Under no circumstances will we accept liability to you in respect of costs incurred such as: (but not limited to) loss of earnings, travel expenses, recovery costs, damages etc.
- Intellectual Property
11.1 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. You are permitted to use this material only as expressly authorised by us.
11.2 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 copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
12.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury, however the Seller shall not be liable for any direct loss or damage suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Goods.
12.2 The Seller shall not be liable under any circumstances to the Buyer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Buyer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
12.3 You agree that any liability on the part of the seller for losses you may suffer as a result of us breaking this agreement is strictly limited to the purchase price of the products you purchase which is strictly on a supply only basis. You therefore agree we are not responsible for indirect losses.
12.4 Faulty Items: Goods that are deemed faulty through no fault of your own will be due a full refund including return postage costs on your part once we have inspected the goods and accepted that the goods are in-deed faulty.
- Force Majeure
13.1 Neither party shall 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, transportation problems, extreme adverse weather conditions or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
- Governing Law & Jurisdiction
14.1 This contract will be governed by English law and any dispute arising out of or in any way connected to it shall be subject to the exclusive jurisdiction of the English Courts
15.1 All promotions (including but without limitation to) discounts, offers, promotional codes, prize drawers, vouchers and competitions) are subject to the conditions below.
15.2 Promotions are only valid on our website unless otherwise stated, promotion codes/discounts and or ‘gifts’ are not redeemable in store or via phone unless stated otherwise.
15.3 Promotions are limited to one per customer, per transaction and cannot be used in conjunction with any other offer.
15.4 All promotions are non-transferable.
15.5 We reserve the right to end any promotion without notice or refuse any customer to participate in the scheme.
15.6 By using a promotion code, you agree for your personal data to be held by us for the purpose of contact with future promotions.
15.7 Promotions are only valid for the period stated on our website.
15.8 We reserve the right to cancel any order where in our opinion the promotion is not valid against the goods purchased and make reasonable effort to contact the customer.
16.1 All goods are supplied subject to availability, in the event we cannot supply you with the goods ordered we reserve the right to supply equivalent goods of matching quality. In the event the supplied good are not accepted by you, we will be responsible for collection.
17.1 If you have any complaints about any goods or services supplied by us, please contact us immediately so we can deal with your complaint quickly.
18.1 Contact Form: The information you provide on our contact forms will only ever be used for the purpose of dealing with your enquiry. Information entered on the contact form will arrive on our network as an email for the appropriate member of staff to deal with. All members of staff with access to the computer systems at Key Trailer Solutions are trained on how to deal with customers data.
- Data Protection
19.1 We will use all personal information you provide to us to supply goods, process payments and where agreed by yourself inform you of similar products/promotions. If you wish to stop receiving marketing communications from us, please contact us to have your data removed from the database.
19.2 We may pass information provided by you for the purpose of credit checks, in some cases they may keep a record of any search they do.
19.3 We will only give your personal information to third parties where allowed in accordance with the Data Protection Act.
19.4 We do not permit the recording of any telephone calls between you and us without prior consent.