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Terms and Conditons for the Sale of Goods

  1. Definitions
  2. Conditions
  3. Ordering goods.
  4. Price and payment
  5. Rights of the seller, Kirkby Microwave Ltd.
  6. Age of consent
  7. Delivery
  8. Cancellation
  9. Remedy for breach
  10. Limitation of Liability
  11. Waiver
  12. Force Merger
  13. Severance
  14. Changes to terms and conditions
  15. Governing law and jurisdiction

1. Definitions

1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 "Consumer" shall have the meaning as decribed in section 2 of the Consumer Rights Act 2015;
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 "Goods" means the articles (including any digital content) that the Buyer agrees to buy from the Seller;
1.5 "Seller" means Kirkby Microwave Ltd of Stokes Hall Lodge, Burnham Rd, Althorne, CHELMSFORD, Essex, CM3 6DT, United Kingdom.that owns and operates the Kirkby Microwave website, https://www.kirkbymicrowave.co.uk/ ;
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
1.7 "Website" means the Kirkby Microwave website at https://www.kirkbymicrowave.co.uk/
1.8 “Working days” will be considered as working days in England, which may be different to working days in other countries.

2. Conditions

2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer. These Terms and Conditions shall apply only to goods – not to services, which are covered separately.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.5 Any complaints should be addressed to the Seller's address stated in clause 1.5.

3. Ordering goods

3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 15 working days.
3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are to use the PayPal buttons, taking care to select the correct delivery location.

4. Price and payment

4.1 The price of the Goods shall be that stipulated on the Website. Kirkby Microwave is not VAT registered, so no VAT will be charged.
4.2 The purchase price are given on the website. Note that that the price will depend on the delivery location, due to the delivery costs.
4.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.
4.4 The buyer will be responsible for any import duties, import taxes or similar. This would normally only apply when the item is delivered outside the European Union. When import duties or taxes are payable, the courier will usually requirement payment of the fees, plus an administration fee. It is the responsibility of the buyer to pay all fees. Kirkby Microwave have no over these fees.
4.5 Payment of the price and delivery charges must be made in full before dispatch of the Goods, except for UK universites, where Kirkby Microwave will usually offer 30-days credit.
4.6 In the case of UK universites, payment of the price and delivery charges shall be due within 30 days of the date of receipt of the invoice supplied by the Seller.
4.7 The Seller shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England from time to time in force.

5. Rights of seller

5.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
5.2 The Seller reserves the right to withdraw any Goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.

6. Delivery

6.1 Goods supplied within the UK will normally be delivered within 10 working days of acceptance of order but in any event, within 30 days after the Contract is entered into.
6.2 Goods supplied outside the UK will normally be delivered within 15 working days of acceptance of order but in any event, within 30 days after the Contract is entered into.
6.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
6.4 If purchases are made by PayPal, eBay or Amazon, the seller will use the delivery address provided by Amazon or PayPal.
6.5 Risk in the Goods shall pass to the Buyer when they are delivered. Delivery will be confirmed by using tracking information provided by the courier.
6.6 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.

7. Cancellation

The seller offers a 30-day money back guaratee to both consumers and businesses. This is conditional on buyers to contact the seller and explain any problems. Most technical problems can be resolved, but ultimately a 30-day money back guarantee is offered.

8. Remedy for breach

8.1 All Goods (including digital content) supplied by the Seller must be as described, fit for purpose and of satisfactory quality. If the Goods are faulty, the Buyer is entitled to a repair or a replacement. If the fault cannot be fixed within a reasonable time, or without causing the Buyer significant inconvenience, the Buyer is entitled to a full or partial refund.

9. Limitation of liability

9.1 The Seller shall not be responsible for:

9.2 The Seller shall not be held responsible for any delay or failure to comply with its obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond its reasonable control. This condition does not affect the Buyer’s legal right to have Goods sent within a reasonable time or to receive a refund if Goods ordered cannot be supplied within a reasonable time owing to a cause beyond the Seller’s reasonable control.
9.3 Nothing in these Terms and Conditions limits or excludes the Seller’s responsibility for fraudulent representations made by it or for death or personal injury caused by the Seller’s negligence or wilful misconduct.

10. Waiver

No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

11. Force Merge

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, illness, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

12. Severance

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

13. Changes to terms and conditions

The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

14. Governing law and jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

SCHEDULE

RIGHT TO CANCEL

1 You have the right to cancel this contract within 30 days without giving any reason, although Kirkby Microwave would appreciate the opportunity to resolve any issues.
2 The cancellation period will expire after 30 days from the day:
(a) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods, in the case of a sales contract;
(b)on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good, in the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately;
(c)on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece, in the case of a contract relating to delivery of a good consisting of multiple lots or pieces;
(e) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good, in the case of a contract for regular delivery of goods during a defined period of time.
3 To exercise the right to cancel, you must inform Kirkby Microwave of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, or e-mail). You may use the attached model cancellation form, but it is not obligatory.
If you electronically fill in and submit the model cancellation form or any other clear statement on our website we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by e-mail) without delay.
4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

EFFECTS OF CANCELLATION 5 If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). 6 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. 7 We will make the reimbursement without undue delay, and not later than: (a)10 working days after the day we receive back from you any goods supplied, or (b)(if earlier) 10 working days after the day you provide evidence that you have returned the goods, or (c) if there were no goods supplied, 10 working days after the day on which we are informed about your decision to cancel this contract. 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 In the event of cancellation we may withhold reimbursement until we have received the goods back (where we have not offered to collect the goods) or you have supplied evidence of having sent back the goods, whichever is the earliest. RETURN OF GOODS 10 You shall send back the goods or hand them over to us at [NAME AND ADDRESS OF PERSON AUTHORISED TO RECEIVE THE GOODS] without undue delay and in any event not later than 10 working days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 10 days has expired. COST OF RETURNING GOODS 11 You will have to bear the direct cost of returning the goods. We shall refund the original purchase price, plus any carriage charges paid. 12 You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. SERVICE CONTRACTS BEGUN DURING CANCELLATION PERIOD 13 If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation from this contract, in comparison with the full coverage of the contract.

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