By placing an order with us you will be deemed to have read, understood and agreed to these Terms and Conditions. If you are unhappy with any aspect of these, then you should contact our Sales Team before placing an order with us.
All orders are subject to the following terms and conditions. These shall form part of any contract concluded between Kit Matters Limited (now referred to as Kit Matters) and a buyer. This does not affect your statutory rights as a consumer
These Terms and Conditions and your use of our web site are governed by English law and you agree to submit to the non-exclusive jurisdiction of the English court.
This website and our Terms and Conditions have been designed for use within the United Kingdom and under UK law. Whilst we are happy to consider requests for products and enquiries from outside the United Kingdom, we give no warranty, express or implied, that the use of this website or the placing of any order through this website from outside the UK complies with any applicable non-UK laws or regulations. Accordingly, any products or promotions not permitted under your local law are not offered to you.
A binding contract for the sale of all products will be created upon a communication being sent by Kit Matters to the buyer confirming acceptance of the buyer's order and upon no other event. Acceptance shall for the avoidance of doubt be at the time the communication is sent by Kit Matters.
The completion of an order form and payment for the products shall be deemed conclusive evidence that the buyer agrees to be bound by these Conditions of Sale.
For the avoidance of doubt, any such contract will be deemed to have been concluded in the United Kingdom. Further, any such contract will be interpreted, construed and enforced in all respects in accordance with the laws of England, and you and Kit Matters irrevocably submit to the non-exclusive jurisdiction of the English Courts.
HEALTH & SAFETY
The use of any product should be supervised at all times by an adult, who shall be responsible for ensuring the proper fitting and use of the equipment. The buyer shall be responsible for ensuing that all statutory, government or local authority regulations are complied with in relation to the use of any products purchased from Kit Matters.
LIMITATION OF LIABILITY
Kit Matters does not seek to exclude or limit liability for death or personal injury arising from its negligence or that of its members agents directors or employees or for any fraudulent misrepresentation.
To the fullest extent permitted by law and save as provided above, neither Kit Matters nor any associated company shall be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, or in negligence (whether on the part of Kit Matters or any of its members, agents, directors, employees or otherwise) for any indirect special or consequential loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of this website, the supply of the products or their use or resale by you.
The limitations of liability in these conditions shall apply equally for the benefit of Kit Matters and any other associated company of Kit Matters as if references to Kit Matters included references to each such associated company.
While we will use reasonable endeavours to ensure that the information on this website is accurate and up to date, the Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
Further, Kit Matters will not be responsible nor liable for your use of any other websites which you may access via links within this website. Kit Matters does not control these websites and is not responsible for their content. Any such links are provided merely as a service to users of this website and their inclusion in this website does not constitute an endorsement by or affiliation with Kit Matters.
The entire liability of Kit Matters under or in connection with any contract for any products to which these conditions apply shall not exceed the price of the products, except as expressly provided in these conditions.
Kit Matters will not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the products ordered by you if the delay or failure was due to any cause beyond its reasonable control.
Kit Matters may assign or transfer any of its rights or sub contract any of its obligations under these terms and conditions to any third party. You may not assign or transfer any of your rights or sub contract any of your obligations under these terms and conditions except with the specific permission in writing of Kit Matters.
No person who is not a party to these terms and conditions shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in these conditions is intended nor shall affect any of your statutory rights that may not be legally excluded.
AVAILABILITY & CHANGES IN SPECIFICATION
Kit Matters reserves the right to make changes at any time and without notice in the materials, dimensions, colours and design of its products and such changes shall not affect the validity of any contract with the buyer provided that such variations and modification do not adversely affect in any material way the performance of the products or the quality of workmanship or of materials used. Where there has been a material change to any product ordered by the buyer, Kit Matters will endeavour to supply the buyer with a product that is identical to that ordered or a product that is as far as is possible similar to that ordered.
The buyer has the option to accept or decline any replacement with a full refund given if any replacement is unacceptable.
DESCRIPTIONS - We are careful to ensure that descriptions and photographs represent correctly the products available. However, due to continuous improvements to the product range, some variations may occur.
AVAILABILITY - All goods offered are subject to availability. We will inform you as soon as possible where any product cannot be supplied immediately. Please make sure you have included your DAYTIME telephone number to help us advise you quickly of any problems.
All prices quoted on this website are accurate at the time of publication and are quoted in pounds sterling (£) and where appropriate are inclusive of UK sales tax (VAT) at the current rate.
All prices quoted on the site are subject to alterations without notice to take account of fluctuations in the cost of labour and materials and of alterations in rates of exchange and import duty which may occur it the course of manufacturing the products. Kit Matters shall be entitled to adjust the price to take account of any delay on the part of the buyer in supplying information required to complete his order or of any alteration made by the buyer to the specifications or other information supplied by the buyer.
A delivery charge will be added to your order value where appropriate, please see Postage & Delivery.
PAYMENT AND TITLE OF PRODUCTS
The full price for ordered products must be paid and cleared prior to despatch, unless previous arrangements have been made. All orders must be paid for in Pounds Sterling, and in the case of payment by cheque, drawn on a bank account located within the United Kingdom.
In the event of a failure by the buyer to pay for the products, then title to the products shall remain with Kit Matters until such time as payment in full is received. Kit Matters reserves the right to retake possession of the products in the event of non-payment.
Any such products or part of products so re-possessed may be re-sold without notice to the buyer and without prejudice to our right to claim damages against the buyer for any losses or expenses incurred, save that the proceeds of such sale shall be set off against any sums due from the buyer in respect of the products.
Kit Matters reserve the right at any time to charge interest on late payments with effect from the due date and on a day to day basis at a compound annual rate of 4% above Lloyds TSB plc base lending rate from time to time.
In the event that the buyer fails to make payment for the products or fails to take delivery of any of the products supplied by us, then all sums outstanding in respect of any products supplied by Kit Matters shall if not already paid in full become due and payable immediately and Kit Matters may in its absolute discretion and without prejudice to any other rights Kit Matters may have suspend all future deliveries of the products to the buyer under the contract in question or under any other contract and/or terminate any such contract(s) without liability upon our part; and/or require payment of interest on all amounts due at a compound annual rate of 4% above Lloyds TSB plc base lending rate for the time being prevailing from the date when payment for the products in question became due to the date of actual payment.
The following methods are available to pay for Kit Matters products:
on line credit/debit card transaction;
telephone credit/debit card order; or
cheque or money order
CREDIT CARD SECURITY
We accept online payment in a secure environment by credit card.
We currently accept Mastercard, Visa, Delta, Electron, UK Maestro & Solo. All transactions are shown in £ sterling.
If you would prefer to place an order and pay via the telephone or mail order please contact our Sales Team.
In each case Kit Matters will ensure that your order and any payment information you provide is kept private and confidential. Kit Matters will not retain any customer information beyond that reasonably necessary to confirm your order, dispatch the products and trace the delivery. Kit Matters does not supply customer information to third parties other than as specifically stated herein (i.e. to enable the carrier to deliver the products).
Where the buyer is using the online payment method, Kit Matters uses a recognised online credit payment agency who have secure server software encryption to keep your transaction private and protected. Paying by this method will require the buyer to visit another website domain. Kit Matters accepts no responsibility and shall not be liable for errors or omissions on the part of the credit payment agency that result in the disclosure of confidential information, loss, expense or damage howsoever arising to the buyer. It is the responsibility of the buyer to read the terms of business of the credit payment agency before using the service.
All reasonable precautions to keep the details of your order and payment secure will be made, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
This statement sets out our policy in relation to the holding and using of information, which we may obtain from you in the course of your use of this site. If you have opted to provide us with personal information we may use this information to contact you by email telephone or post to provide you with details about our products or services or any other information which we believe may be of interest to you. We may also want to give your details to other companies within the Kit Matters Group, which may, in turn, offer you other goods or services. It is intended that by providing personal information about yourself to us you consent to their use for the above purposes. It is intended that any consent given above will benefit any purchaser of our business. If you do not want us to use your information in this way please leave the consent box on the customer order web pages empty. If, at any time in the future you would like us to stop using you details for the above purposes please contact Kit Matters.
We regret that we cannot offer any credit facilities for internet sales.
Any damage to, or shortages in, a delivery must be reported to Kit Matters within 48 hours of the delivery being made.
Notification of non-delivery must be made within 14 days of invoice date. Kit Matters responsibility for loss or damage in transit will be limited to replacing the damaged products or providing a refund, whichever the buyer prefers.
You may normally cancel your order, for any reason up to the point of despatch. If you do cancel the contract within this time any payments made by you will be refunded in full within 30 days.
The buyer may not at any time alter or deface any trade marks identified on the products with the intention of attaching or juxtaposing another trade mark, unless the buyer is in receipt of Kit Matters express prior permission in writing.
The copyright in any design, presentation, packaging and/or literature in connection with the products shall remain the property of the owner of that copyright and no right or licence (except as to the use for which the products are supplied) shall be granted hereby whether express or implied.
All Web site design, text, graphics and all underlying source code, software and all other material on this Web site are copyright Kit Matters. ALL RIGHTS RESERVED.
If you are not completely satisfied with your purchase, for whatever reason, we guarantee to exchange or provide a full refund whatever your preference.
We will endeavour to respond to and resolve all complaints within 2 working days.
This does not affect your statutory rights as a consumer.
The construction, validity and performance of these Conditions of Sale and of any agreement that exists between Kit Matters and the buyer shall be governed in all respects by English Law. In any dispute with Kit Matters regarding these Conditions of Sale or the supply of products to the buyer, the parties shall submit to the jurisdiction of the English Courts.