Terms and Conditions for the Supply of J Kilpatricks Ltd Products
By submitting an order, you are accepting the Terms and Conditions of the J Kilpatricks Ltd website.
The Contract Between Us
a. J Kilpatricks Ltd must receive payment of the whole of the price for the goods that you order before your order can be accepted, and the contract formed. Once payment has been received J Kilpatricks Ltd will confirm that your order has been received by sending an email to you at the email address you provide in your registration form. The shipment email will include your name, the order number and the total price. J Kilpatricks Ltd acceptance of your order brings into existence a legally binding contract between us on these terms. Any term sought to be imposed by you in your order will not form part of the contract.
b. J Kilpatricks Ltd is entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the goods appearing on our website.
Price
a. The prices payable for goods that you order is as set out in our website, including VAT where appropriate.
b. You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations.
Withdrawal By You From The Contract
If you are an individual and are not buying goods on behalf of a business, there are certain circumstances in which you may withdraw from the contract and these are set out here. This right to withdraw does not apply to business buyers.
a. You may withdraw your order for goods at any time up to the end of the seven working days after you have received the goods. You do not need to give J Kilpatricks Ltd any reason for withdrawing your order nor will you have to pay any penalty.
b. The only circumstances in which you cannot withdraw your order are where you have taken the goods you have ordered (or the ones in relation to which you want to withdraw) out of the sealed package in which they were delivered.
c. To withdraw your order you must notify J Kilpatricks Ltd in writing at the address set out in the J Kilpatricks Ltd returns section of this Website.
d. If you have received the goods before you withdraw your order then, unless you have lost your right to withdraw because you have taken the goods out of their sealed package, you must send them back to the J Kilpatricks Ltd returns address at your own cost and risk. If you withdraw your order but J Kilpatricks Ltd has already processed the goods for delivery and you have received them, you must not unpack the goods when they are received by you and you must send the goods back to J Kilpatricks Ltd at the J Kilpatricks Ltd contact address at your own cost and risk as soon as possible.
e. Once you have notified J Kilpatricks Ltd that you are withdrawing your order, any sum debited to J Kilpatricks Ltd from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by J Kilpatricks Ltd in the condition they were in when delivered to you.
Availability Of Goods You Order
If J Kilpatricks Ltd has insufficient stock to deliver the goods ordered by you, we will notify you as soon as possible and any sum debited by J Kilpatricks Ltd from your credit card will be re-credited to your account and J Kilpatricks Ltd will notify you by email at the address given by you in your order form. The refund will be made as soon as possible and in any event within 30 days of your order. J Kilpatricks Ltd will not be obliged to offer any additional compensation for disappointment suffered.
Delivery of Goods to You
a. J Kilpatricks Ltd will deliver the goods ordered by you to the address you give J Kilpatricks Ltd for delivery at the time you make your order. J Kilpatricks Ltd are entitled to make deliveries by instalments or partial deliveries.
b. Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of despatch of the order. All delivery times quoted on the website are estimates only, based on availability, normal processing and delivery companies.
c. You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and J Kilpatricks Ltd will not be liable for their loss or destruction.
Liability
This is as follows:-
a. If the goods J Kilpatricks Ltd delivers are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, J Kilpatricks Ltd shall have no liability to you unless you notify J Kilpatricks Ltd in writing at the J Kilpatricks Ltd contact address of the problem within 10 working days of the delivery of goods in question.
b. If you do not receive goods ordered by you within 30 days of the date on which they were despatched to you, J Kilpatricks Ltd shall have no liability to you unless you notify J Kilpatricks Ltd in writing at the J Kilpatricks Ltd contact address of the problem within 40 days of the date on which the goods were despatched to you.
c. If you notify a problem to J Kilpatricks Ltd under this condition, J Kilpatricks Ltd only obligation will be, at its option: to make good any shortage or non-delivery; to replace or repair any goods that are damaged or defective; or to refund to you the amount paid by you for the goods in question in whatever way J Kilpatricks Ltd chooses.
d. J Kilpatricks Ltd will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to J Kilpatricks Ltd under this condition and J Kilpatricks Ltd shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under paragraph (c) above.
e. Nothing in this condition is, however, intended to limit any rights you might have as a consumer under applicable local law that may not be excluded nor in any way to exclude or limit J Kilpatricks Ltd liability to you for any death or personal injury resulting from its negligence.
Nothing in this contract creates any right which is enforceable by any person who is not a party to the contract
Force Majeure
J Kilpatricks Ltd shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.
Invalidity
If any part of these conditions is unenforceable (including any provision in which J Kilpatricks Ltd excludes its liability to you) the enforceability of any other part of these conditions will not be affected.
Complaints
J Kilpatricks Ltd operate a complaints handling procedure which is used to try to resolve disputes when they first arise. If you have a complaint, please contact us at the following address:
Customer Service
J Kilpatricks Ltd
Mill Lane
Moneymore
Northern Ireland
BT45 7PL
Governing Law
The contract between us shall be governed by and interpreted in accordance with English law, and the English courts shall have jurisdiction to resolve any disputes between us.
Entire Agreement
These terms and conditions, together with the current J Kilpatricks Ltd Website prices, delivery details and J Kilpatricks Ltd contact details, set out the whole of our agreement relating to the supply of the goods to you by J Kilpatricks Ltd. These terms and conditions cannot be varied except in writing signed by a director of J Kilpatricks Ltd In particular nothing said by any sales person on behalf of J Kilpatricks Ltd should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by J Kilpatricks Ltd. J Kilpatricks Ltd shall have no liability for any such representation being untrue or misleading.
Interpretation
In these terms and conditions:
• J Kilpatricks Ltd, Mill Lane, Moneymore, BT45 7PL, and/or any connected organisation that actually supplies goods ordered by you and any successor to its business;
• 'working day' means every day of a calendar year apart from weekends and statutory and public holidays;
• 'us' means J Kilpatricks Ltd and you together; and
• 'you' and 'your' means the person ordering goods under these terms and conditions.
