Terms of Sale and Use
Terms of Sale and Use
This page (together with the documents referred to on it) tells you:
- the terms on which we sell and supply any products (the "Products") listed on our website https://www.kcberry.co.uk; and
- the terms of use on which you may make use of the Website.
Please read these terms of sale and use (the "Terms") carefully before you purchase a Product or start to use our Website. By purchasing a Product and/or using our Website, you indicate that you accept the Terms and that you agree to abide by them. If you do not agree to the Terms, please refrain from purchasing any Products or using our Website.
Information About Us
The Website is a site operated by Kcberry, Trade & Consulting,Ltd (the "Company") which is registered in England under company number 08767327 (and VAT number GB178281576). The registered office is at 61 Robins Lane, Frome, Somerset BA11 3ET. For any questions, please contact our customer call centre via email at custserv@kcberry.co.uk.
References to "we", "us", "our" and "Kcberry," in these Terms are references to the Company.
Terms of Sale
Any sale of Product(s) via the Website will be on the basis of these Terms of Sale. We suggest you print a copy of these and retain them for your records.
SERVICE AVAILABILITY
This Website is intended for use by people resident worldwide.
YOUR STATUS
By placing an order on the Website, you confirm that you are:
- legally capable of entering into binding contracts;
- at least 18 years old;
- resident in the Serviced Country and accessing the Website from that country.
FORMATION OF CONTRACT
After placing an order on the Website (after selecting the Products you wish to purchase, confirming this and providing and confirming your payment details), you will receive an email from us acknowledging that we have received your order ("Order Acknowledgement"). This does not mean your order has been accepted; your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance by sending you an email that confirms that the Product has been shipped to you (the "Shipping Confirmation"). The contract between you and us will only be formed when we send you the Shipping Confirmation and will only relate to those Products whose dispatch we have confirmed in the Shipping Confirmation ("Contract"). At this stage, payment will also be taken. No products will be shipped until payment has been made in full and your details have been verified by any third party payment facilitators. We will not be obliged to supply any other Products which may have been part of your order until the shipping of such products has been confirmed in a separate Shipping Confirmation. You should check all emails (including the Order Acknowledgement and Shipping Confirmation). It is your responsibility to ensure that the details in these emails are correct.
If there are any errors, please contact our customer call center immediately at custserv@kcberry.co.uk.
We store the contract's content and will send you the details of your order as well as our general terms via e-mail. You can find the terms here at all times. The details about your recent orders can be found in your Order History.
RETURNS POLICY, YOUR RIGHT TO CANCEL AND REFUNDS POLICY
Returns Policy
In addition to your right to cancel, You can return without open or damage the Products bought on this Website by mail within 15 days of your order date. Items purchased by mail they cannot be returned to distribuitors.
Certain Products are available exclusively online through the Website. These Products may be subject to different return or exchange policies, which shall be indicated where applicable.
Except if exercising your right to cancel, shipping and handling charges paid on your original shipment are not refundable when you use our returns by mail. This does not affect your statutory rights.
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period ("Cancellation Period") will expire after 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 goods. To exercise the right of withdrawal, you must inform us (Kcberry, Ltd) of your decision to withdraw from this contract by an unequivocal statement (e.g. e-mail). This form should be sent to us by email to custserv@kcberry.co.uk, for the attention of Customer Services. You can also phone us to inform us of this at +351214867378.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the Cancellation Period has expired.
You shall send back the goods to us for the address Rua das Fontainhas nº51, 2700-391 Venda Nova, Amadora, Portugal. Without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.
Refunds Policy
If you return a Product for any other reason, we will examine the item and notify you of your refund via email within a reasonable period. Refunds will be processed within 30 days of the day you inform us you wish to return the Product. Except if exercising your right to cancel, shipping and handling charges paid on your original shipment are not refundable when you use our easy returns by mail or store.
All refunds, including Product(s) received as a gift, will be made to the original form of payment.
AVAILABILITY AND DELIVERY
We aim to deliver your order by the delivery date set out in the Shipping Confirmation or, if no delivery date is specified, within a reasonable time of the date of the Shipping Confirmation. If the Product(s) are not delivered within 30 days of the Order Acknowledgement, you are entitled to cancel the Contract and be refunded for any amounts paid by you.
RISK AND TITLE
The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you from the time of delivery. Risk in relation to Products being returned to us passes from you to us once you have posted the returned Products.
PRICE AND PAYMENT
The price of any Products will be as quoted on our Website in Euros from time to time, except in cases of obvious error. All prices are displayed in Euros but orders will be charged in British Pounds. Final pricing is determined by the current conversion rate at the time of your order and may vary slightly from the price displayed. Your credit card company may also apply a conversion fee to your transaction.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent a Shipping Confirmation.
Despite our best efforts, occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information, refuse to accept orders or cancel Contracts if any information on the Website is inaccurate at any time without prior notice. Where a Product's correct price is less than our stated price, we will charge the lower amount when sending the Product to you. If a Product's correct price is higher than the price stated on the Website, we will normally, at our discretion, either contact you for instructions before shipping the Product or reject your order and notify you of such rejection. We are under no obligation to provide the Product to you at an incorrect (lower) price, even after we have sent you a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mis-pricing.
Payment will be accepted only with Paypal and Bank transfere. In order to process your order, we will need to share your payment details with third party service providers. This will be done in accordance with our Privacy Policy. By providing us with this information, you specifically authorise us to do this.
OUR LIABILITY
Products purchased from this Website are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.Subject to any specific warranties offered in relation to specific Products or those implied by law, we do not offer any guarantees or warrantees in relation to the Product(s).
We are only liable for losses you suffer as a result of us breaching these Terms, which is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaching these Terms. Losses are foreseeable where they could be contemplated by you and us at the time your Order is accepted by us. In any event, we are not responsible for any indirect losses of any nature and howsoever arising (whether loss of income, revenue or otherwise). This does not include or limit in any way our liability for any matter for which it would be unenforceable for us to exclude or attempt to exclude our liability, including but not limited to personal injury or death as a result of negligence and/or fraud.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (Force Majeure Event).
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
WAIVER AND RIGHTS OF THIRD PARTIES
If we do not insist upon strict performance of any of your obligations under the Contract or these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
No person other than a party to this Contract shall have any rights to enforce any term of this Contract.
SEVERABILITY
If any of these Terms or any provisions of the Contract are determined to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
ENTIRE AGREEMENT
These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.
We each acknowledge that, in entering into a Contract, neither of us relies on nor has any remedies in relation to, any statement, representation, assurance or warranty (Representation) which is not expressly set out in these Terms and any document expressly referred to in them.
Nothing in this paragraph shall limit or exclude any liability for fraud.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these Terms from time to time. You will be subject to the policies and Terms in force at the time that you order Products from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and conditions before we send you the Shipping Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
LAW, JURISDICTION AND LANGUAGE
Contracts for the purchase of Products through our Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the laws of England and Wales. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales. However you should note that this does not prevent residents of Northern Ireland or Scotland from starting proceedings in their own local courts. Any contracts for the purchase of Products through our website and all communications between us will be in the English language.
Terms of Use
YOUR CONCERNS
If you have any concerns about material which appears on our Website, please contact custserv@kcberry.co.uk.
ACCESSING OUR SITE
Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw, deny access to or modify the service we provide on our Website without notice (see below). We will not be liable if, for any reason, our Website is unavailable at any time or for any period.
From time to time, we may restrict access to some parts or the whole of our Website to users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We may deny access to the Website, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms, or acted inconsistently with the spirit of these Terms.
You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.
Access to the Website is always subject to these terms of use and your use of the Website constitutes your acceptance of these terms of use. These terms of use can be updated at any time and it is your responsibility to check this page from time to time to ensure you agree with any amendments. These terms of use were last updated at March 23th, 2018.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use any part of the materials on our Website for commercial purposes without obtaining a license to do so from us or our licensors. We reserve the right to monitor any such usage and take appropriate action against any person who we believe to be contravening our intellectual property rights.
You may print off one copy, and may download extracts, of any page(s) from our Website for your personal (and non-commercial) reference.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. For the avoidance of doubt all proprietary notices, in particular intellectual property notices such as copyright ©, trademark, ™ and ® must be preserved and displayed in tact.
Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged.
If you print off, copy or download any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
RELIANCE ON INFORMATION POSTED
We have taken every care in the preparation of the content of this Website. However, commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. In particular, we have made every effort to display as accurately as possible the colors of our products that appear at the Website. We cannot guarantee that your computer monitor's display of any color will be accurate. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents.
OUR SITE CHANGES REGULARLY
We aim to update our Website regularly, and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.
OUR LIABILITY
The material displayed on our Website is provided without any guarantees as to its accuracy. To the extent allowed by law, we, other members of our group of companies and third parties connected to us exclude:
- all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- any liability for any direct, indirect or consequential loss or damage (including, without limitation, loss of income/revenue, business, profits/contracts, anticipated savings, data, goodwill or wasted time) incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it; and
- for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for any liability which cannot be excluded or limited under applicable law, including but not limited to personal injury or death as a result of negligence and/or fraud.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
We process information about you in accordance with our privacy policy.
VIRUSES, HACKING AND OTHER OFFENCES
We make every effort to ensure that this Website is free from viruses or defects. However, we cannot guarantee that your use of this Website or any websites accessible through it won't cause damage to your computer. It is your responsibility to ensure that the right equipment is available to you in order to use the Website and screen out anything that may damage it.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which may be malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website in any manner whatsoever, including via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our Website must not be framed on any other Website, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on our Website other than that set out above, please address your request to custserv@kcberry.co.uk.
Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
You may not engage in any price scraping/price harvesting in respect of Products on this Website without our prior written consent.
JURISDICTION AND APPLICABLE LAW
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms are governed by English law.
TRADE MARKS
KCBERRY, Trade and Consulting, Ltd® is a trade mark