TERMS & CONDITIONS – Kelly Kettle Co.
WEBSITE: PRIVACY & DATA USE
We do not hold any personal data. Instead, personal data is stored on a remote secure server. Accordingly, if you have any questions concerning website privacy and data use, please contact us.
INTELLECTUAL PROPERTY
You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in the kellykettle-official E-Bay listing is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws and is the exclusive property of the Kelly Kettle Co. Any copying, transmission or re-transmission of the same requires the prior written approval of Kelly Kettle Co. Note: 'Kelly Kettle' and 'Volcano Kettle' are registered Trademarks of the Kelly Kettle Co.
PRICE OF GOODS
(a) The price listed on the E-Bay listing (the 'Price') for Kelly Kettle products (the "Products") will be as stipulated at the time when you place your order on E-Bay. We are entitled to make adjustments to the Price to take account of any increase in our supplier’s prices, or the imposition of any new taxes or duties, or if due to an error or omission the Price for the Products on E-Bay is wrong. (b) The prices quoted are recommended prices, Prices are correct at the time of going to press.
DELIVERY
We will endeavour to ship all orders with 48 working hours (2 working days) of your order. Products are subject to availability and delays may sometimes occur that are outside of our control. Any dates specified for delivery are therefore approximate only. If delivery is delayed for more than 21 days, you have the right to contact us and refuse to accept the Products. In these circumstances, we will refund any money paid by you for those Products and any delivery monies you have been charged. However, we will not be responsible for any other losses, costs, damages or charges that you may suffer if we delay in supplying or do not supply those Products.
Note on Failed Delivery Attempts: Ordinarily, goods are delivered during normal working hours (9 am - 5 pm). If you provide a delivery address, to which the goods cannot be delivered during normal working hours, then the goods/parcel may be returned to us (normally after at least two failed delivery attempts) by the courier/postal service. If this happens, you will be responsible for all shipping charges required to resend the item the second time. If for whatever reason you decide not to have the goods re-shipped, then you will be entitled to a refund of the cost price of the goods, but you will not be entitled to a refund of the initial shipping costs for the item.
CLAIMS
When you purchase online, you have a statutory right to return a Product (other than perishable produce) up to 7 days after your order has been delivered (cooling off period). We can change or cancel an order up until it is dispatched. If the order has been dispatched, you can return the Product to us and we will organise a refund (excluding delivery cost). If a Product is damaged or faulty please contact us and we will organise a replacement or refund.
SAFETY
If any manuals or safety instructions are provided with the Products, you agree to read and follow carefully all the terms contained therein at all times. Any information contained on the Website is not meant to be comprehensive and if you are inexperienced in using the Products or are unsure of your abilities, you should always seek expert advice and assistance.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall we be liable to you for any direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use the Website, any changes to the Website, any material or data sent or received or not sent or received or for any of the above-mentioned damages that result from the use or inability to use the Products. In no circumstances shall our liability to you and/or any third parties for any of the above exceed €200.
CONTRACT
No contract will subsist between you and KellyKettle-official for a sale to you of any product or service unless and until KellyKettle-official accepts your order by e-mail confirming that it has dispatched your order. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time KellyKettle-official sends the e-mail to you (whether or not you receive that e-mail).
MODIFICATION OF TERMS
We reserve the right to change the terms of use or policies regarding the use of the Website (including, in particular, those relating to price or availability) at any time and to notify you by posting an updated version of the terms of use on the Website.
GENERAL
We shall not be liable for any failure to perform any of our obligations under these terms and conditions which is caused by circumstances beyond our reasonable control including, but not limited to any force majeure incident. Our failure to exercise or enforce any right or provision of the terms of use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. The section titles in the terms of use are solely used for the convenience of the parties and have no legal or contractual significance.
LAWS
The terms of use shall be governed by and construed fully in accordance with the laws of Ireland. You and we agree to submit to the exclusive jurisdiction of the courts located in Ireland. If any provision(s) of the terms of use is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
TERMINATION
We may terminate the E-Bay listings/store with or without cause at any time and effective immediately.
