Terms & Conditions
TERMS AND CONDITIONS
I. TERMS OF SALE
These terms of sale (“Terms of Sale”) set out the terms and conditions on which we supply any of the products (“Product” or “Products”) listed on our website www.kubdirect.co.uk (“our site”) to you.
Please read these Terms of Sale carefully before ordering any Products from our site. These Terms of Sale tell you who we are, how we will provide Products to you, how you and we may end the contract, what to do if there is a problem and other important information. If you do not agree to these Terms of Sale you must not order any Product through our site.
Section A of these Terms of Sale details any particular sales promotions that we are currently running. Any purchase made in relation to such sales promotions is governed by both Section A and the general terms of sale set out in Section B so you should carefully review both Sections before ordering Products that are part of a sales promotion. If the Products that you wish to order are not part of a sales promotion, you can ignore Section A.
SECTION A – CURRENT SALES PROMOTIONS
All voucher codes are not to be used in conjunction with the Warehouse Deal and Clearance Sale.
SECTION B – GENERAL TERMS OF SALE
Last updated: 23 November 2015
1. INFORMATION ABOUT US
1.1 www.kubdirect.co.uk is a website operated by Kub Products Limited (“we”, “our”, “us”). We are registered in the U.K. under company number 08335273. Our registered office is at 5 Elstree Gate, Elstree Way, Borehamwood, Herts WD6 1JD. Our VAT number is 153157724.
2. ORDERING PRODUCTS
2.1 You can place orders for Products with us by following the process outlined on our site. You acknowledge that by placing an order with us you will be under an obligation to pay for the Products in that order if we accept your order.
2.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
2.3 All orders are subject to acceptance by us. You can submit an order for products to kubdirect.co.uk by completing the details required on the order summary page and clicking the send order button.We will send you a confirmation e-mail after receiving your order and this will constitute acceptance by us. The contract between you and us will only be made when we send you this email.
2.4 All prices are reflected in £UK Sterling and include VAT where applicable, providing delivery is to a location in the UK. Orders outside of the United Kingdom may be subject to an additional charge. Goods supplied are not for resale. We are under no obligation to accept your order, but would normally do so where the product is available, the order reflects current pricing and your credit card/debit card or PayPal payment is approved by PayPal or your credit card/debit card company.
2.5. The display of any product on our website is in no way an offer by us to sell to you. It is your response that is the offer. Accordingly, we are not liable to sell you any product that might be quoted at a price lower than that meant by us.
2.6 Unfortunately we can’t stop an order once it has been dispatched by us. If you change your mind about your order after this point you can reject delivery or return the Products to us in accordance with the returns policy below at clause 9.
2.7 Before ordering from us, it is your responsibility to check and determine your full ability to receive the Products ordered. This includes ensuring that the Products ordered will pass freely into your room of choice, they fit in that room, can be transported through the door of your flat or room, stairs and doorways, and there are no other issues that could make delivery more complicated or impossible.
2.8 You must keep the contact details we hold for you up-to-date so that we can contact you if necessary about your order or the delivery of the Products.
3.1 All orders for Products are subject to the availability of those Products and the materials for making the Products. We will inform you as soon as possible after receiving your order if, for any reason, the Products you have ordered are not available or are subject to any delay.
3.2 If we are unable to supply you with a Product, for example, because of an error in the price (see clauses 5.4 and 5.5 below) we will inform you of this by email and we will not process your order. If you have already paid for the Product we will refund you the full amount as soon as possible.
4. IMAGES AND SIZING OF PRODUCTS
4.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer will display the colours accurately or reflect the colour of the Products. The Products that are delivered to you may vary slightly from those images.
4.2 Although we have made every effort to be as accurate as possible, the measurements indicated including weights, dimensions and capacities shown on our site are approximate only.
5. PRICES OF PRODUCTS
5.1 The price of any Product will be as quoted on our site, except in cases of obvious error.
5.2 The price of any Product may change from time to time, but changes will not affect any order we have accepted.
5.3 The price of a Product includes VAT (where it applies) but excludes any delivery costs, which where applicable will be added to the price of the Products and set out as part of the total amount due during the order process. To see the relevant delivery charges for a product, please refer to our Delivery page.
5.4 Due to the number of Products on our site, it is always possible that some of the Products listed on our site may be incorrectly priced, despite our reasonable efforts. We will normally verify prices as part of our order-handling procedure so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If the Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of the rejection.
5.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an order acceptance, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
5.6 For each specific Product we may provide a “typical high street” price to allow you to compare the cost of our Product with similar items sold by other retailers. This comparable price is an estimate only (based on closest equivalent products in design and functionality, but which may differ in other respects, such as finishes and materials) and the items compared may not exactly match the characteristics of the Product on our site.
6. HOW TO PAY
6.1 We accept payment with the payment methods listed on our site. You must pay for the Products and any applicable delivery charges in advance of delivery of the Products.
6.2 By submitting an order to us through our site, you are confirming that the payment details provided on your order are valid and correct.
7.1 We offer a delivery service in accordance with the timescales shown against each Product on our site. Please note that delivery timescales are estimates. You can find out more about our Product delivery by reading the information on the Delivery page of our site.
7.2 Please note that we only deliver to addresses in the United Kingdom.
7.3 Your estimated dispatch date will be as set out in a dispatch confirmation sent by email. This dispatch date indicates when we expect to send the Products to our delivery partner. Please refer to the Deliverypage of our site to find out more about our dispatch and delivery process and how long after dispatch you should expect the Products to be delivered. Although we will make every reasonable effort to ensure your Products are dispatched and delivered within the estimated timescales, unfortunately we cannot guarantee that they will not be affected by unforeseen issues affecting the manufacturer of the Product or our delivery partners. If we are unable to meet the estimated dispatch or delivery date, we will contact you with a revised estimated date.
7.4 Your delivery will be completed when we deliver the Products to the address you gave us. If no one is available at your address to take delivery, we will leave you a note with information about how to rearrange delivery. If you have not accepted delivery after two attempts by us, we may treat the contract as having been cancelled by you in accordance with the terms of clause 9 below.
8. RISK AND OWNERSHIP
8.1 Ownership of the Products will pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8.2 The Products will be your responsibility from the time that you (or a third party other than the carrier and indicated by you) take physical possession of the Products.
9. CANCELLATION, RETURNS AND REFUND POLICY
9.1 We hope you will be pleased with everything you have bought from us but if you are unhappy with your Products, you can return them to us either in accordance with the terms set out below or as otherwise in accordance with your legal rights.
RIGHT TO CANCEL
9.2 You have a legal right to change your mind and cancel the contract between you and us within 14 days of delivery of your Products without giving a reason. This right, under the Consumer Contracts (Information, Cancellation and Charges) Regulations 2013, is explained in more detail in this clause 9. Please note that the right to change your mind applies equally to any gift vouchers you purchase from us but does not apply to any bespoke Products you purchase from us (ie, Products that we create to your specification or are clearly personalised).
9.3 The cancellation period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Products. Where you order multiple Products in one order or a Product is delivered in separate parts, lots or pieces, the cancellation period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last Product, part, lot or piece that makes up your order.
9.4 To exercise the right to cancel, you must inform us of your decision to cancel your contract with us by making a clear statement (e.g. a letter sent by post or email or a telephone call). The easiest way to do this is to contact our Customer Services team, their contact details can be found in clause 23. You may use the following model cancellation form but you are not required to do so:
MODEL CANCELATION FORM
To: Kub Products Limited, 5 Elstree Way, Borehamwood, Herts.
E-mail address: email@example.com
I/We(*) hereby give notice that I/We(*) cancel from my/our (*) contract of sale of the following goods(*)/for the provision of the following service(*)
Ordered on(*) / received on(*)
Name of consumer(s),
Address of consumer(s),
Signature of consumer (only if this form is notified on paper)
(*) Please delete if not applicable
9.5 To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of your right to cancel before the cancellation period has expired.
EFFECTS OF CANCELLATION
9.6 If you cancel your contract with us, we will reimburse you all payments received from you, including the cost of delivery (except that we reserve the right not to reimburse you for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us and for any deductions permitted under clause 9.10).
9.7 We will make the reimbursement without undue delay, and not later than: (a) 14 days after the day we receive back from you any Products supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the Products, or (c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
9.8 We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
9.9 We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.
9.10 We may make a deduction from the reimbursement for loss in value of any Products supplied, if the loss is the result of unnecessary handling by you. You are only liable for any diminished value of the Products resulting from the unfair and/or unreasonable wear and tear of the Product other than what is necessary to establish the nature, characteristics and functioning of the Products. We may make a deduction from any reimbursement (you are entitled to from us) for such loss in value of any Products we supply.
FAULTY OR MIS-DESCRIBED
9.11 If you are returning the Products to us because they are faulty or mis-described, we will refund: the price of the Product in full; any applicable delivery charges; and any reasonable costs you incur in returning the item to us (other than any costs incurred by you in returning the Products to us in person). As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or any of the other general Terms of Sale set out in this Section B.
9.12 We will refund you through the payment method used by you to pay.
HOW TO RETURN THE PRODUCTS
9.13 If you change your mind and exercise your right to cancel under clause 9.2 above after delivery, then the Products must be returned to us. In this case, this may be done either:
(a) for most small items and certain mid-sized items, by you arranging for the Products to be returned to us at our distribution centre or to our delivery partner at various locations. In this case, the Products must be returned to us without undue delay and in any event no later than 14 days from the date that you exercised your right to cancel. You will be responsible for the cost of returning the Products to us, which vary between £5.95 and £44.95 depending on the item; or
(b) for certain mid-sized items and for most furniture items, we can arrange to collect the Products from your address. You will be responsible for the cost of collection vary between £5.95 and £44.95 depending on the item.
For more information about the specific return and collection costs that apply to different items and other information regarding returns and refunds, please refer to our Return & Refunds page.
9.14 If you exercise your right to return the Products under clause 9.11, because the Products are faulty, were not delivered as described or you otherwise have a legal right to return the Products as a result of something we have done wrong after dispatch of the Products, the Products must be returned to us. Depending on the item, this may be done either by you arranging for the Products to be returned to us or by us arranging to collect the Products from your address, as described in clause
9.13. However, in this case, the return or collection will be at no cost to you.
9.15 Please contact Customer Services using the contact information below at clause 23 to arrange a return or collection of the Products.
9.16 You must take care when opening packaging that the Products were delivered in and carefully re-pack the Products in the original (or similar) packaging prior to returning the Products to us.
10. SALES PROMOTIONS
10.1 From time to time, we may run sales promotions or offer other incentives (“Promotions”) to purchase particular Products from us.
10.2 The length of time any Promotion runs for, the conditions for qualifying for such Promotion and the Products which will be subject to such Promotion will be set out in Section A of these Terms of Sale.
10.3 If you place an order for Products in relation to any Promotion, the Promotion-specific terms and conditions set out in Section A above and the general terms set out in this Section B will apply. To the extent of any inconsistency, the Promotion-specific terms set out in Section A shall prevail.
11.1 From time to time, we may run prize draws, competitions or other prize promotions ("Competitions") on our site.
11.2 The length of time the Competition runs for, the conditions for entry to the Competition and the prizes for winning or taking part in the Competition will be subject to our discretion and will be available for time to time on our Competitions page.
11.3 We will make the rules of any Competition we run available to you before you participate in the Competition.
12. GIFT VOUCHERS AND DISCOUNT CODES
12.7 Only one discount code can be applied to any one order, this includes any promotional codes or offers (but you may also use any gift voucher that you have purchased or been given).
12.8 When you use a gift voucher and/or discount code you warrant to us that you are the duly authorised recipient of the gift voucher or discount code (as applicable) and that you are using it in accordance with these Terms of Sale, lawfully and in good faith. If we believe that a gift voucher and/or discount code is being used in breach of these Terms of Sale, unlawfully or in bad faith, we may reject or cancel the gift voucher or discount code (as applicable).
12.9 If you have any difficulty redeeming your gift voucher or discount code or have any questions then please contact us for further assistance.
12.10 Any order for Products made using a gift voucher or discount code will be governed by these Terms of Sale.
13. YOUR INFORMATION
14. OUR LIABILITY TO YOU
14.1 We are under a legal duty to supply Products that are in conformity with our contract with you.
14.2 Our Products are designed for residential use and we do not make any guarantees or warranties about their performance in a commercial environment. We will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
14.3 If we fail to comply with a contract between you and us, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Sale or our negligence, but we will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if the loss or damage was an obvious consequence of our breach or if the loss or damage was contemplated by you and us at the time we entered into the contract.
14.4 The maximum loss or damage we will be responsible for under clause 14.3 is limited to the price you have paid us for the Product to which the loss or damage you suffer relates.
14.5 We do not in any way exclude or limit our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any liability imposed under the Consumer Rights Act 2015 that is not permitted to be excluded or restricted under section 31 of the Consumer Rights Act 2015; and (d) defective products under the Consumer Protection Act 1987.
14.6 This does not affect your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards office.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control including acts of god, fire, flood, severe weather, explosions, war (whether declared or not), acts of terrorism or acts of local or central Government or of any other competent authorities provided that: (a) we will take reasonable steps to prevent or minimise the failure or delay; (b) in the event of failure to perform, we will refund you all amounts paid under the affected contract; and (c) in the event of substantial delay, you may cancel your order by notifying us and we will refund you all amounts paid under the affected contract.
16. RESOLVING DISPUTES
16.1 If you have a dispute with us relating to our contract with you, in the first instance please contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. You can also write to us at: Customer Service Department, Kub Products Limited, 5 Elstree Way, Borehamwood, Herts..
16.2 In the unlikely event that we are not able to resolve the dispute informally, we will discuss with you the most effective way of resolving the dispute using mediation or arbitration based on the nature of the dispute. You will also always have the option of resolving the dispute using court action.
17. EACH OF THESE TERMS OPERATES INDEPENDENTLY
17.1 Each of the provisions of these Terms of Sale operates separately. If any court or any other relevant authority decides that any of these paragraphs are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18. UPDATING THESE TERMS OF SALE
18.1 We may modify or update these Terms of Sale from time to time for reasons including: (a) changes in how our business operates; (b) changes in the legal or regulatory requirements that we must comply with; or (c) changes in how we accept payment from you. However, any order of Products by you will be governed by the terms and conditions available on our site at the time you place the order.
19. RIGHTS OF THIRD PARTIES
19.1 Any Contract made between you and us is only made between you and us. No third party will have any rights to enforce any of its terms.
20. TRANSFER OF OUR RIGHTS
20.1 We may transfer our rights and obligations under our contract with you to another organisation, and we will do our best to notify you in writing if this happens, but this will not affect your rights or our obligations under the contract. We will use reasonable endeavours to tell you in writing if this happens.
21. LAW AND JURISDICTION
21.1 These Terms of Sale are governed by English law. This means that a contract for the purchase of Products made through our site and any dispute or claim arising out of or in connection with it will be governed by English law.
21.2 You can bring legal proceedings in respect of this contract in the English courts. However, if you are a resident of Scotland, you may also bring proceedings in Scotland and if you are a resident in Northern Ireland, you may also bring proceedings in Northern Ireland.
22. CONTACTING YOU
22.1 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
23. CONTACT US
23.1 If you have any queries about these Terms of Sale, please send us an email at email@example.com or contact us on the phone: 020 8207 3377 (Mon – Fri: 9 am – 5:30 pm). We’ll be here to help.