These terms and conditions apply to the use of this website at www.koti-brushes.co.uk. By accessing this website and/or placing an order, you agree to be bound by these terms and conditions. Using this website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us.
The website www.koti-brushes.co.uk is operated by Kleeneze-KOTI Ltd, a company registered in England and Wales, whose registered office and trading address is at Ansteys Road, Hanham, Bristol BS15 3SS, UK, company registration number 2506478, VAT registration number 543393538, telephone number:+44 (0) 117 958 2450, fax number +44 (0) 117 960 0141, email address sales@kleeneze-koti.co.uk
In these conditions: Kleeneze-KOTI means Kleeneze-KOTI Ltd (registered company number 2506478) of Ansteys Road, Hanham, Bristol BS15 3SS, UK: “Goods” means which KSL is to supply in accordance with these conditions and “Buyer” means the person, firm or company with whom the contract of sale is made.
- Introduction
- You will be able to access most areas of this website without registering your details with us.
- We may revise these terms and conditions at any time by updating this posting. You should check this website from time to time to review the then current terms and conditions because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this website.
- Ordering from Kleeneze-KOTI Ltd
- For advice, samples or orders, please contact our Customer Service Team in any of the following ways: by phone at +44 (0)117 958 2450 from 09:00 to 17:00, Monday to Friday, – by fax at +44 (0)117 960 0141, by post to Kleeneze-KOTI Ltd, Ansteys Road, Hanham, Bristol BS15 3SS, UK, by email to sales@kleeneze-koti.co.uk or online visiting www.koti-brushes.co.uk.
- Browse our website and online catalogue. Simply add the required items to your basket and go to the checkout. No payment will be taken online, you will receive a receipt from us confirming your order and a follow-up call from our Customer Services Team to confirm payment and discuss your order if required.
- You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process, you will be given the opportunity to check your order and correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
- Our acceptance of an order takes place when we dispatch the order. When we dispatch the order, the purchase contract will be made, even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.
- We may refuse to accept an order:- where goods are not available,- where we cannot obtain authorisation for your payment,- if there has been a pricing or product description error, or if you do not meet any eligibility criteria set out in our terms and conditions.
- These conditions shall apply to the contract of sale to the exclusion of any other terms and conditions. No variation of these conditions shall be binding unless accepted in writing by Kleeneze-KOTI Ltd.
- No binding contract of sale shall arise until the Buyer’s order has been accepted in writing by Kleeneze-KOTI Ltd.
- Pricing and payment
- All prices shown exclude VAT at the current rates, but we shall show VAT separately and include it in the total price. The price of the Goods shall be the ex-works price plus the applicable carriage charge current at the date of acceptance of the order.
- All prices are exclusive of Value Added Tax, customs duties and all other taxes, duties and expenses in respect of the Goods, which Kleeneze-KOTI Ltd may add to the price.
- Kleeneze-KOTI Ltd may invoice the Buyer for the price of the Goods at any time after supplying the Goods. The Buyer shall pay each invoice in full without making any deduction or set-off within 20 days of the month following the invoice and the time of payment shall be of the essence of the contract.
- If an invoice is not paid on the due date, without prejudice to any other remedy, Kleeneze-KOTI Ltd may suspend any further supplies to the Buyer and/or charge the Buyer interest (both before and after any judgment) on the amount unpaid at the annual rate of 2% above the base rate from time to time of Barclays Bank Plc.
- Delivery
- All supply dates are estimates only and the time of supply shall not be of the essence of the contract. Goods are treated as supplied when they leave Kleeneze-KOTI Ltd premises.
- Deliveries may be made between 08:00 and 18: 00
- All deliveries must be signed for.
- We offer some additional delivery options that will incur an additional charge. Remote and offshore areas may be subject to additional charges and longer delivery. Please contact us for details.
- Kleeneze-KOTI Ltd may supply the Goods in instalments and any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to cancel the contract as a whole.
- The Buyer shall inspect the Goods immediately upon collection or receipt and shall within 28 days give written notice to Kleeneze-KOTI Ltd of any ground on which the Buyer alleges that the Goods do not comply with the contract of sale, failing which the Buyer shall be deemed to have accepted the Goods.
- The Buyer shall notify any non-delivery of Goods to Kleeneze-KOTI Ltd within fourteen days of the date of invoice.
- Risk of damage to or loss of the Goods shall pass to the Buyer when the Goods leave Kleeneze-KOTI Ltd premises.
- The property in the Goods shall not pass to the Buyer until Kleeneze-KOTI Ltd has received in cash or cleared funds payment in full of all sums due or owing to KSL by the Buyer on any account. Until the property in the Goods passes to the Buyer:- The Buyer shall hold the Goods as Kleeneze-KOTI Ltd Bailee and shall keep them separate from all other goods and properly stored and insured; and- Kleeneze-KOTI Ltd may require the Buyer to return the Goods to Kleeneze-KOTI Ltd forthwith and, if the Buyer fails to do so, Kleeneze-KOTI Ltd may enter upon any of the Buyer’s premises to repossess the Goods.
- Kleeneze-KOTI Ltd warrants that the Goods conform to KSL’s published specification, but all other terms, conditions, representations and warranties (whether express or implied) are excluded to the fullest extent permitted by law.
- Nothing in these conditions shall exclude or limit Kleeneze-KOTI Ltd’s liability in respect of death or personal injury caused by its negligence or for claims under Part 1 of the Consumer Protection Act 1987.
- Subject to clause 4.10 above, Kleeneze-KOTI Ltd’s liability to the Buyer in contract, tort (including negligence or breach of statutory duty), for misrepresentation (apart from fraudulent misrepresentation), or otherwise howsoever arising shall be limited to the cost of replacing the Goods.
- Kleeneze-KOTI Ltd shall not be liable for any loss of profit or goodwill, nor for any special, indirect, economic or consequential loss
- Kleeneze-KOTI Ltd may cancel the contract and suspend any further deliveries if the Buyer ceases trading or goes into liquidation, whether compulsory or voluntary, or has a receiver, administrative receiver or manager appointed over all or any of its assets, or has an administrator appointed, or makes any arrangement or composition with its creditors, or undergoes any similar process under the laws of any jurisdiction.
- Kleeneze-KOTI Ltd shall not be liable to the Buyer by reason of any delay in performing or failure to perform its obligations if the same is due to circumstances beyond Kleeneze-KOTI Ltd’s reasonable control.
- Where the Goods are exported from the United Kingdom the Buyer is responsible for complying with all laws and regulations governing the import of the Goods into any country and for ensuring that the Goods comply with all laws, regulations and licensing requirements of any country to which they are exported. The Buyer shall indemnify Kleeneze-KOTI Ltd against the consequences of any breach of those laws, regulations and licensing requirements.
- Cancellation and returns policy
- If you wish to cancel your order, you can notify us by email to sales@koti-brushes.co.uk before we have despatched the goods to you, or, where goods have already been dispatched to you, by returning goods to us in accordance with clause 5b.
- You can return goods you have ordered from us for any reason at any time within 28 days of receipt for a full refund or exchange. The costs of returning goods to us shall be borne by you.
- Upon receipt of the goods we will give you a full refund of the amount paid or an exchange goods as required.
- The rights to return the goods to us will not apply in the following circumstances:
- In the event that the product has been used- To any products that we have made or customised specifically for you
- The provisions of clause 5 does not affect your statutory rights.
- Licence
- You are permitted to print and download extracts from this website for your own use on the following basis:
- No documents or related graphics on this website are modified in any way.
- No graphics on this website are used separately from accompanying text.
- Any of our copyright and trade mark notices and this permission notice appear in all copies.
- Unless otherwise stated, the copyright and other intellectual property rights in all material on this website (including without limitation photographs and graphical images) are owned by us. For the purposes of these terms and conditions, any use of extracts from this website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this website automatically terminates and you must immediately destroy any downloaded or printed extracts from this website.
- Subject to clause 6.1, no part of this website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
- Any rights not expressly granted in these terms are reserved.
- Service access
- While we endeavour to ensure that this website is normally available 24 hours a day, we will not be liable if for any reason this website is unavailable at any time or for any period.
- Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
- Visitor material and conduct.
- Other than personally identifiable information, which is covered under the privacy policy, any material you transmit or post to this website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
- You are prohibited from posting or transmitting to or from this website any material:- that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;- for which you have not obtained all necessary licences and/or approvals; – which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or- which is technically harmful (including, without limitation, computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
- You may not misuse the website (including, without limitation, by hacking).
- Links to and from other websites
- Links to third-party websites on this website are provided solely for your convenience. If you use these links, you leave this website. We have not reviewed all of these third-party websites and do not control and are not responsible for these websites or their content or availability. We, therefore, do not endorse or make any representations about them, any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this website, you do so entirely at your own risk.
- You may not create any links to this website without prior permission.
- You shall fully indemnify us for any loss or damage we, or any of our group companies, may suffer or incur as a result of your breach of clause.
- Disclaimer
- While we endeavour to ensure that the information on this website is correct, we do not warrant the accuracy and completeness of the material on this website. We may make changes to the material on this website, or to the products and prices described in it, at any time without notice. The material on this website may be out of date, and we make no commitment to update such material.
- The material on this website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this website.
- Liability.
- We, any other party (whether or not involved in creating, producing, maintaining or delivering this website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this website in any way or in connection with the use, inability to use or the results of use of this website, any websites linked to this website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this website or your downloading of any material from this website or any websites linked to this website.
- Nothing in these terms and conditions shall exclude or limit our liability for
- Death or personal injury caused by negligence (as such term is defined by the unfair contract terms act 1977).
- Fraud
- Misrepresentation as to a fundamental matter
- Any liability which cannot be excluded or limited under applicable law.
- If your use of material on this website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
- You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this website, or the use by any other person using your registration details.
- Governing law and jurisdiction
- English law shall govern the contract of sale and the parties submit to the non-exclusive jurisdiction of the English courts.