Terms & Conditions
This page tells you the terms and conditions on which we supply any of the products ("Products") listed on our website ("our Site") to you. Please read these terms and conditions carefully before ordering any Products from our Site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions of supply for future reference.
Please understand that if you refuse to accept these terms and conditions, you should not order any Products from our Site.
Information about Us
KBA Supplies Limited ("us", "our" or "we") is registered in England & Wales under company number 06419530 with our registered office at 163 Bromhall Road, Dagenham, Essex, RM9 4PJ. We are an online retailer supplying hardware materials. This is an agreement between you and us.
Your Status & Website Registration
By placing an order through our website you confirm to us that you:
- Are 16 years of age or older
- Are able legally enter into a binding contract
- Have completed our registration procedure
- Have ensured that the details you provided during the registration process on our website are complete and correct. You are also obliged immediately to inform us of any changes to the details you have provided to us during the registration process by updating your account through our website. Failure appropriately to update your details will be a breach of the contract between you and us, and we cannot be held responsible for any loss or damage you suffer as a result of your failure to provide us with correct and up-to-date information.
How the Contract is formed between You and Us
- After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. A binding contract will only be formed between you and us once we have accepted your offer. We are not obliged to accept any offer that you make, we may refuse to accept an offer for any reason whatsoever (including but not limited to inability to take payment from you), and we will have no liability in respect of refusing or otherwise failing to accept any offer from you. No term of these Terms and Conditions may be construed as creating an obligation on us to accept any offer from you.
- When placing an order with us you must ensure that the information you present us with is accurate and complete.
- When placing an order with us you must be 16 years of age or older.
- After you place an order with us and make appropriate payment, you will receive an e-mail confirming your order and notifying you that payment for your order has been taken. Please note that in taking payment at this stage, we are not authorising or accepting your offer, and a contract is not at that stage formed between you and us.
- Dispatch of your order will signify acceptance by KBA Supplies Limited of your order, and at that point only will a legally binding contract be concluded between you and us.
- In the event that your order is refused after payment is taken, the payment will be refunded in accordance with our refund policy detailed below.
- Each separate supply of products to you shall constitute a separate contract between you and us subject to these terms. The fact that we may have previously accepted an order placed by you is not an indication that we will continue to accept orders in the future and we have no obligation to accept such future orders.
- In the event that an order placed pursuant to our terms and conditions is returned, any free gifts advertised on our website in connection with that order must also be returned together with the order and to the same return address.
- It is your responsibility to check that the products you have ordered comply with your requirements. We accept no liability for products wrongly ordered.
Consumer Rights & Returns
- Purchases from the necosystems.co.uk website are subject to a period within which you have the right to cancel your contract with us and return the products you have purchased, irrespective of whether those products are in any way defective or not in conformity with your order. The period runs for 7 working days from the day after the date of delivery of the products to you (where a working day is any day which is not a Saturday, Sunday or Bank Holiday celebrated in the United Kingdom).
- In order to exercise your right to cancel under the clause above, you must return the products in the same condition in which you received them (including any packaging apart from exterior delivery packaging to be unopened and unmarked), and at your own cost and risk to us at 163, Bromhall Road, Dagenham, Essex, RM9 4PJ. Prior to despatch you should telephone our Customer Services department (020 8595 9036) to obtain a Returns Authorisation Number and quote this when returning the Product(s). This provision does not affect your statutory rights.
- In addition, if a product supplied by us is in any way faulty or does not conform to your order, you may return it to us at the address given above, including a note specifying the fault or difference from your order and whether you would prefer a replacement or a refund. We will examine the returned goods, and if we are satisfied that they are in fact faulty or not in conformity with your order, we will provide, according to your choice, either (i) a replacement product, for which we will not charge additional postage and packaging, and a refund of the costs of returning the faulty products to us as evidenced on the receipt; or (ii) a refund in accordance with our refunds policy below of the costs of the products and the postage and packaging for the delivery.However, we reserve the right not to refund postage costs of returns that are due to your error.
Availability and Delivery
- Delivery will be made to the "Delivery Address" specified when you placed your order. The Delivery Address is displayed on the "Confirm Order Details" page of our website. It is your responsibility to check and confirm that the Delivery Address is correct. Once confirmed you will receive a "Payment Received" (Order Confirmation) e-mail from us. If the Delivery Address is not correct you assume responsibility for the error and we cannot be liable for any loss or damage caused by that incorrect Delivery Address.
- If no one is available to accept delivery, orders will be sent to your local Royal Mail sorting office. You must contact your local sorting office before calling us to check if your order has been delivered there.
- We will endeavour to dispatch your order within the time frames laid out on our "Delivery & Postage" information page of our website. Delivery of orders sent by "Signed for 2nd Class" will be subject to a five day grace period during which no replacement orders will be sent out. After five days has lapsed if your order has not arrived you must first check your local Royal Mail sorting office before calling us for a replacement order.
- We cannot guarantee that the products contained in your order will be in stock at all times and this may cause a delay in delivery. However, we will endeavour to deliver your order within a reasonable time once we have stock of your order.
- We do not accept responsibility for delays or failures resulting from circumstances beyond our control, including, but not limited to, mechanical breakdowns, traffic delays and the weather.
Risk and Title
- The full ownership of the products that you order will pass to you on delivery of the products subject to us having received the full payment for those products.
- The products will be held at your risk from the time of delivery.
Price and Payment
- The prices you will pay for any products that you order through our website are listed on our website at the time you place your order, except in cases of error.
- For customers located within the European Community the prices of products shown on the website include VAT but exclude delivery costs unless expressly stated on the site in relation to particular products or promotions. The costs of delivery will be shown on the Site at the time you order the Products.
- For customers located outside of the European Community the prices of products shown on the website do not include VAT but exclude delivery costs unless expressly stated on the site in relation to particular products or promotions. The costs of delivery will be shown on the Site at the time you order the Products.
- Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Despatch Confirmation. If prices increase prior to your Despatch Confirmation we will contact you for instructions before despatching the Product.
- Our Site contains a large number of Products and it is possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced. We will normally verify prices as part of our despatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when despatching the Product to you. If a Product's correct price is higher than the price stated on our Site, we will contact you for instructions before despatching the Product.
- We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Despatch Confirmation, if the pricing error is obvious or should otherwise have reasonably been recognised by you as a mis-pricing.
- Payment for all Products must be by credit or debit card, by PayPal, by cheque drawn on a UK bank or by UK postal order. We accept payment with most major credit and debit cards, details of which are available when you pay for Products ordered. Your credit or debit card or PayPal account will be charged between the time when you place your order and when the Products are despatched.
Our Refunds Policy
- When you return a Product to us (for instance, because you have cancelled the Contract between us, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your entitlement to a refund via e-mail within a reasonable period of time. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any case, within 30 days of the day we received your cancellation or the day we confirmed to you via e-mail that you were entitled to a refund for delivery of a defective Product.
- We will have no liability to pay interest on any amounts refunded.
- Postage Cost for returns of faulty products or incorrect products sent to you will be limited to "Signed for 2nd Class" post. We reserve the right not to refund postage costs of returns that are due to your error.
- Our liability in connection with the purchase of any product from our website is strictly limited to the purchase price of those products. This does not limit our liability for any matter for which it would be illegal for us to exclude or illegal for us to attempt to exclude our liability.
- Although we take all reasonable steps to protect our systems and software against computer viruses, bugs, Trojan horses and/or other defects, we assume no liability and shall not be responsible for viruses or any other disabling features that affect your computer as a result of using our website, nor for any delays or failures you may experience in connection with, nor any modification, suspension or termination of our website.
- KBA Supplies Limited does not accept any liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The foregoing limitations do not apply to any liabilities which may not lawfully be excluded or limited including any liability for death or personal injury resulting from our negligence.
- We will not be liable to you where we are unable to fulfil any of our obligations to you as a result of circumstances beyond our control.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract between you and us that is caused by events outside our control ("Force Majeure Event").
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks;
- the acts, decrees, legislation, regulations or restrictions of any government; and
- pandemic or epidemic.
Our performance under any contract between you and us 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.
Transfer of Rights and Obligations
This is an agreement between you and us. You may not transfer, assign or charge any of the rights and obligations that you undertake within this agreement without our prior written consent. However, we may transfer, assign or charge any of the rights and obligations that we undertake within this agreement without any notice or further liability to you.
Law and Jurisdiction
All Contracts made with us for the purchase of Products will be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.