Terms and Conditions
Listed below are our terms and conditions of sale. Please read them carefully. The terms and conditions you enter into with us do not affect your statutory rights.
- Formation of contract
- Orders and Deliveries
- Risk and Title of Goods
- Risk and Title of Goods for Business Customers
- Your Right of Cancellation
- Colour Matching
- Product Specification and Description
- Errors and Omissions
- Data Privacy
- Force Majeure
These terms of sale apply to all goods supplied by Kedel Ltd., whose registered office is at 56 Bramley Lane, Hipperholme, Halifax, HX3 8NS, registered in England and Wales, Company Registration No. 07124652, VAT No. 987568734 (furthermore known as the ‘supplier’, ‘us’, ‘ourselves’, ‘we’).
No contract exists between the purchaser (furthermore known as the ‘client’, ‘you’, ‘yourselves’, the ‘consumer’, the ‘customer’) and the supplier for the sale of any goods until the supplier has received and accepted your order. An acceptance of your offer to buy the goods will be sent shortly after your order. However, we do have the right to terminate the contract in the event that the goods are unavailable, mispriced or cleared funds are not received.
The contract is subject to your right of cancellation (see below). We may change these terms of sale without notice to you in relation to future sales.
The goods you order will be delivered to the address registered as your payment address unless otherwise indicated during checkout. Deliveries are not made outside the United Kingdom except on special request. We will inform you as quickly as possible if delivery cannot be made to your address for reasons under the supplier’s control.
Prices quoted on our website are valid only for orders placed via our website. Quoted prices may be different on products offered via any of our retail stores and concessions. Prices are checked regularly, however, if we find the price has changed when we receive your order we will contact you and ask if you wish to proceed prior to the order being confirmed.
If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier, the Supplier may: Store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations we shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to the Supplier. Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure.
Dates and times for delivery are estimates only. Kedel Ltd. aims to ensure that all goods are delivered on time, however, we do not accept liability for goods delivered on an unspecified day. We may also deliver the goods in several consignments but will not levy any additional delivery charges for this unless you are otherwise advised during your order.
We do not accept any liability for shortage of goods delivered, or damage to deliveries unless we are notified in writing, including email, within three working days of the goods being delivered. 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”. Failure to do so may affect any warranty claims that you make thereafter.
The goods are at your risk from the time of delivery. Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of the goods, and all other sums which are or which become due to the Supplier from you on any account. The Supplier shall be entitled to recover payment for the goods, or the goods themselves, even though ownership of any of the goods has not passed from the Supplier.
If you are a business customer, until ownership of the goods has passed to you, you must: Store the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Supplier´s property; Not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Supplier´s behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce the policy of insurance to the Supplier; and hold the proceeds of the insurance on trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
If you are a business customer your right to possession of the goods shall terminate immediately if: you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or you encumber or in any way charge any of the goods.
Payment for the goods and delivery charges can be made by any method indicated on the Supplier’s website at the time you place your order. Payment for goods must be cleared in full prior to the goods being despatched.
Please allow ten working days for cheque clearance. Customers with existing approved credit accounts are also subject to the terms and conditions listed on our credit terms agreement form.
Non-business customers have the right to cancel an order within 7 working days. If you wish to cancel your order you must do so in writing or by email within 7 working days of receiving the goods. The goods must be unopened and in the original packaging, with all the seals intact. All goods are inspected on arrival and refunds will not be issued if the goods are not in this condition. They must be in a re-saleable condition and must be returned to us at your expense. We will refund the total amount paid for the goods within 30 days of receiving the returned goods less delivery charges and an administration fee equal to 20% of the total cost of the goods ordered.
If you wish to return unwanted goods you must obtain a returns number (RMA) by completing our returns procedure. When we receive your completed form we will issue you with a returns number which you will receive by e-mail. Please note that packages delivered to us without a valid RMA number will be rejected or returned. Except in the case of faulty or misdescribed goods, if you do not return the goods as required, we may charge you a sum not exceeding the direct costs of recovering the goods.
Proof of postage is not necessarily proof of delivery and you are therefore strongly advised to send your package by registered post or courier and to maintain sufficient insurance to cover the value of the goods. You must also take reasonable care to ensure the goods are not damaged in the meantime or in transit.
You do not have the right to cancel the contract if the order is for bespoke goods, for customised goods (such as custom design and built furniture), or for consumable goods which, by their nature, cannot be returned, except where a fault is discovered which could not have been discovered otherwise than by unsealing the goods.
Kedel Ltd. strives to provide our customers with premium quality goods. On occasion, these goods may turn out to be faulty or defective. Most goods delivered to UK addresses carry a 12-month manufacturer’s warranty. The warranty does not apply if the goods have been altered or damaged in any way by the customer or it’s employees or agents, or goods not used in accordance with the manufacturer’s instructions. Claims for damage, non-functionality and mis-shipping must be made within three working days of receipt. After this date, replacements will not be offered. Subject to the right of consumers to return goods for refund under The Consumer Protection Regulations 2000, Kedel Ltd. do not sell products on a trial basis. Customers are strongly advised to take note of the product specifications before placing an order. We may, at our discretion, offer to take back any goods sold by us, providing the goods are complete, unopened. All goods will be inspected upon return, and refunds will not be issued if goods are not in this condition. We will refund the total amount paid for the goods, less a 20% restocking and administration fee, as well as delivery and collection charges, within 30 days of receiving the returned goods. The customer will be responsible for all costs incurred for returning goods to us. These terms do not affect any distance selling rights for non-business customers.
NOTE RE COMPOST TUMBLER:
We do not accept returns of the compost tumbler ‘The Compost Creator’ based solely on the state of the barrel, since we clearly state in our product description that it may be scratched or scuffed due to its previous use in the food industry. Reuse is considered superior to recycling, as it not only prevents plastic going into landfill but also avoids the energy consumption needed to break down and remould the plastic into some other product.
Due to the nature of recycled plastic materials, it is often difficult to match colour precisely between manufactured batches. We, therefore, advise that where exact colour matching is vital, you must order your entire requirement for that colour at the same time, so that we can schedule manufacture for your project in one batch, to ensure consistent colour matching.
COLOUR MATCHING DISCLAIMER: Although we will try to match colours between manufacturing batches, Kedel Limited do not guarantee an exact match if the order for that colour is not received as a single order. Returns requests on the grounds of colour differences from two separate orders will not be accepted.
Kedel Ltd. makes every effort to supply the goods as advertised but reserves the right to vary actual dimensions, specifications and quantities without prior notice. If an error is found within 14 days of accepting your order, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price and/or description or cancelling your order. If we do not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically.
If you cancel the order, or if the order is cancelled automatically due to the expiry of the 14 day period, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
In addition to the price of the goods, you may be required to pay a delivery charge for the goods. Such charges will be clearly advised prior to taking your order. Product images are for illustrative purposes only and may differ from the actual product.
All goods supplied by us are warranted free from defects for 12 months from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer. This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by us, failure to follow our instructions, or any alteration or repair carried out without our approval.
If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing within 3 working days. (Please note that this is 48hrs for our business customers) If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify us in writing as soon as possible, but in any event, within 14 days of the date you discovered or ought to have discovered the damage, defect or complaint.
Our support team should be your primary point of contact for technical assistance with goods you have purchased from us. Contact details for this team can be found within the support section of our website.
Subject to statutory law, if you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where: there is no breach of a legal duty owed to you by Kedel Ltd. or by its employees or agents; such loss or damage is not a reasonably foreseeable result of any such breach; any increase in loss or damage resulting from breach by you of any term of this contract.
For business customers, we shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement, Kedel Ltd. liability in respect of all other losses shall be limited to the invoiced value of the relevant order.
Kedel Ltd. makes every effort to ensure that all prices and descriptions quoted on its website are precise and accurate. On occasions when a mistake occurs, we will be entitled to rescind the contract, notwithstanding that it has already accepted the customer’s order. Kedel Ltd. liability in that event will be limited to the return of any money the customer has paid relating to that order.
Kedel Ltd. takes all reasonable precautions to keep the details of your order and payment secure but unless negligent, we will not be liable for unauthorised access to information supplied by you.
We reserve the right to use and store Internet cookies where required. You may choose to disable cookies from your Internet browser if you prefer. For Microsoft Internet Explorer, click Tools, Internet Options, Privacy, Advanced. You may then stop cookies as requested. For other Internet browsers please see your documentation provided. Kedel Ltd. accepts no liability for damage or losses caused by following these instructions either correctly, or otherwise, to you.
Kedel Ltd. is not liable for delays in performance (including delivery or service) caused by circumstances beyond our reasonable control and will be entitled to a time extension for performance; examples include strikes, terrorist acts, war, supplier / transport / production problems, exchange fluctuations, governmental or regulatory action and natural disasters. If this lasts more than 2 months, this agreement may be terminated by either party without compensation.
If for any reason, you feel that we have not conducted business to your satisfaction, you have the right to make a complaint. Any complaints should be made in writing and addressed to ‘Customer Services, Kedel Limited’. After receiving your correspondence, we will aim to resolve any problems as quickly as possible.
Customer Services Address:
Kedel Limited – Customer Services
Telephone: 01282 861325