Terms and Conditions
1. Interpretation and Definition
In these Terms and Conditions the following words and phrases shall have the following meanings:
(a) The "Carrier" means the Royal Mail, White Arrow, Parcelnet or any other provider of delivery services chosen by the Company to provide delivery service to Customers.
(b) The "Company" means Kingstown Associates Limited trading as any of the following: Healthy Living Direct, Inspired Choices, Foot Friendly, Housewares Direct, Gardenability, It Just Works, Sparkling Touches and All The Very Best. It also covers any future brands that the Company may use.
(c) The "Customer" means a person who has placed an Order with the Company.
(d) "Order" means an order made in accordance with these Terms and Conditions on an Order Form or by other written or electronic means containing similar information to an Order Form, or by telephone and in each case accompanied by full payment including, where applicable, payment for postage and packing. It includes orders placed using a website run by the company.
(e) "Order Form" means a pre-printed order form issued by the Company or a copy of such a form. It also covers any electronic equivalent.
2. Receipt of Orders
The placing of an Order by a Customer shall constitute an offer to the Company to purchase goods at the current price advertised by the Company. The Company shall have an absolute discretion as to whether or not to accept that offer.
3. Offer and Acceptance
If the Company decides not to accept an offer made according to the terms of Clause 2 above, it shall inform the Customer accordingly and refund or return to the Customer all monies included with the Order, or those sums relating to that part of the Order which is not accepted.
4. Availability of Stock
4.1 The Company shall use its best endeavours to supply any and all items ordered. However, the Company reserves the right not to supply any or all items ordered by a Customer if the same are not available.
4.2 Where any item ordered by a Customer is not available for any reason, the Company shall have the right to substitute an alternative item of equal or better value at the same cost.
In such circumstances, the Customer shall, at any time until one week after the item is delivered to the customer, have the right to reject the substitute item and receive a full refund of all sums paid in respect of it.
5. Time of Delivery
The Company shall use its best endeavours to ensure that a Customer's Order is despatched as quickly as possible. Where the Company is unable to despatch an Order immediately, that Order shall be despatched at the earliest possible opportunity. Where possible the Company will advise the Customer in advance of any anticipated delay.
6. Supply of Goods
All items supplied by the Company shall be supplied ex works.
7. Title and Risk
Title to and risk in the items ordered by the customer shall pass to the Customer.
(a) In the case of goods to be collected by the Customer, at the time that the Customer collected those goods; or
(b) In the case of goods for which the Customer requests that the Company arranges delivery by the Carrier to the Customer at the time that the Company hands those goods to the Carrier in a letter, packet or parcel addressed to the Customer.
8. Collection
The company does not have facilities to allow customers to collect their parcel.
9. Delivery
9.1 It is accepted by the Customer that the Company does not have the facility to provide delivery services to Customers and does not in any circumstances provide such delivery services.
9.2 The company will contract the delivery of the customers goods with a third party carrier
10. Insurance
The Company offers Customers free insurance against loss of or damage to any Order or part Order while that Order is being delivered by the Carrier . The Company will, in the case of loss of or damage to any goods forming part of an Order, refund the value of the goods lost or damaged and any postage and packing charges paid in respect of the said goods, or replace and redeliver equivalent goods free of further charge.
11. Guarantees and Compensation
11.1 If a Customer is not satisfied with any item supplied to him by the Company, he may, within 90 days of receipt of that item, return to the Company for a full credit, exchange or refund. Any refund will be for the product only. In such circumstances the Company will not refund any postage and packing charges. In addition the Company will not refund any postage or other costs incurred by the Customer in returning the product to the Company.
11.2 If any items supplied by the Company to a customer is damaged and the said damage was caused by the Company prior to the passing of title and risk to the Customer, the Company shall give the Customer a full credit or refund of all sums paid, or provide the Customer with replacement goods if the Customer so wishes. In such circumstances the Company will not refund any postage and packing charges. In addition the Company will not refund any postage or other costs incurred by the Customer in returning the product to the Company.
11.3 If, in accordance with clause 11.1 or 11.2 above, the Customer requires a refund or replacement of any item supplied, the Customer shall return the item supplied to the Company. This return is at the customer's expense and a proof of posting must be obtained. The Company does not accept responsibility for items not delivered.
11.4 Where there is a failure of, or a Customer is not satisfied with, only a proportion of any item sold, the Company's liability to provide a credit or refund or to replace the item under these Terms and Conditions is limited to the proportion of that item which failed or was not satisfactory to the Customer. In such circumstances the Company will not refund any postage and packing charges. In addition the Company will not refund any postage or other costs incurred by the Customer in returning the product to the Company.
11.5 The Company shall not in any circumstances be liable to supply replacement goods unless the goods in question are featured in current catalogues and price lists and stocks are available.
12. Limitation of Liability
12.1 The Company's liability for any and all purposes including loss consequential to a breach of these Terms and Conditions or if any item supplied is in any way unsatisfactory shall be limited to a maximum of
(a) the value paid by the Customer to the Company; plus
(b) the value paid by the customer in respect of postage and packing when the order was processed.
It specifically excludes the cost of returning any unsatisfactory items(s) to the Company or any incidental costs incurred by the customer in returning said item(s).
12.2 The company shall not be liable to replace any goods or refund or credit any sums paid by the Customer except in accordance with these Terms and Conditions.
13. Repayments due to Customers
Where the Company is liable to repay any amount to a Customer under these Terms and Conditions, that the repayment shall take the form of the method of payment made by the Customer in respect of the original order.
14. Non-payment
Where a Customer does not enclose proper payment with his Order (whether because a cheque or credit card mandate is refused by the issuing bank or for any other reason), the Company shall be entitled to make a charge for the administration costs in requesting payments at the rate of £1 per letter sent to the Customer.
15. Cancellation and Variation of Orders
A Customer at any time before the day on which the Order is packed amend or cancel the Order, including changes to the preferred despatch or collection dates, without incurring any extra charge.
16. Orders in excess of £150 in value
Where an order is placed with a value in excess of £150 and payment is made by cheque, the despatch of the goods will be delayed until seven working days after the cheque has been processed by the Company's bank. The processing date from which the seven working day period will commence, for the avoidance of doubt, is the date on which the cheque appears on the Company's bank statement.
17. Change of Address or name
Customer's should notify the Company of any change of address or name.
18. Changes in Terms and Conditions
The Company reserves the right to alter these Terms and Conditions without prior notice the Customer.
19. Assignment
The Company reserves the right to assign its rights and duties under these Terms and Conditions to such part or parties as the Company deems appropriate.
20. Data Protection Act
The Company holds information supplied to us by customers and historical data concerning the Customer's transactional history with the Company. This data is stored in an electronic form. A copy of this data can be supplied to any Customer who sends a written request to the Company's Registered Office. A nominal fee of £10 is charged for this service and the fee should accompany the written request.
The company maintains the database and unless instructed by the customer to the contrary it will use this data to provide information on the company and its products. This will include written, phone and e-mail correspondence. This data may also be provided to third parties.
21. Personalised items
Where we supply products, which have personalisation, we cannot accept any returns unless the product has been supplied faulty.
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