Terms and Conditions
Key Lekkerland Ltd
Website terms and conditions (version 1.05)
(1) Introduction
The http://www.keylekkerland.co.uk/ website is provided to you for free and for your personal use subject to these terms and conditions.
These Terms and Conditions govern your use of the http://www.keylekkerland.co.uk/ site and Online Store and all services provided in connection with these; by using our website, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, do not use our website.
(2) Intellectual property rights
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
No Licence is granted to you in these Terms and Conditions to use any trade mark of http://www.keylekkerland.co.uk/ or its affiliated companies including [but not restricted to], without limitation, the trade marks http://www.keylekkerland.co.uk/ , Key Lekkerland U.K., Key Store, BlueHeath, CTM, J W Filshill, T & A Symonds and WH & HM Young,
(3) Licence to use website
You may view, download for caching purposes only, and print pages [or [OTHER CONTENT for example PLOF]] from the website for your own personal use, subject to the restrictions below.
You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or otherwise sub-license material on the website;
(c) [reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;]
(c) [edit or otherwise modify any material on the website; or]
(d) [redistribute material from this website [except for content specifically and expressly made available for redistribution [(such as our newsletter)].]
[Where content is specifically made available for redistribution, it may only be redistributed [within your business].]
(3a) Excluded Services
The Services provided by the http://www.keylekkerland.co.uk/ site do not include the provision of a computer or other necessary equipment to access the http://www.keylekkerland.co.uk/ site.
To use http://www.keylekkerland.co.uk/ site you will require Internet connectivity and appropriate links. We shall not be liable for any telephone or other costs that you may incur.
(4) Limitations of liability
[The information on this website is provided free-of-charge, and] you acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
At all times our acceptance of an order takes place on despatch of the order, at which point the purchase contract will be made and you will be charged for your order.
ALL offers are subject to availability and while stocks last.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).
Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct or indirect loss or damage arising under these terms and conditions or in connection with our website, whether arising in tort, contract, or otherwise. Without limiting the generality of the foregoing exclusion, we will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under terms and conditions or in connection with our website, whether direct or indirect, and whether arising in tort, contract, or otherwise.
However, nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
You may not use the http://www.keylekkerland.co.uk/ web site for any of the following purposes:
• disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
• transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
• gaining unauthorised access to other computer systems
• interfering with any other person's use or enjoyment of the http://www.keylekkerland.co.uk/ Site
• breaching any laws concerning the use of public telecommunications networks
• interfering or disrupting networks or web sites connected to the http://www.keylekkerland.co.uk/ Site
• making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner
http://www.keylekkerland.co.uk/ reserves the right to refuse to post material on the http://www.keylekkerland.co.uk/ Site or to remove material already posted on the http://www.keylekkerland.co.uk/ Site.
You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
• any claim by any third party that the use of the http://www.keylekkerland.co.uk/ Site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
• any claim by any third party that the use of the http://www.keylekkerland.co.uk/ Site by you infringes that third party's copyright or other intellectual property rights of whatever nature; and
• any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the http://www.keylekkerland.co.uk/ Site by you.
[(5) Restricted access
[Access to certain areas of our website is restricted.] We reserve the right to restrict access to [other] areas of our website, or indeed our whole website, at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that, that user ID and password is kept confidential. You accept responsibility for all activities that occur under your user ID or password.
We may disable your user ID and password [at our sole discretion] [OR] [if you breach any of the policies or terms governing your use of our website or any other contractual obligation you owe to us].]
[(6) [Bulletin board / chat room / comments]
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website.
You must not use our website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
[You must not use our website for any purposes related to marketing without our express written consent.]
You must not use our website to copy, publish or send mass mailings or spam.
You must not use our website to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under English and other applicable law. All material you copy, publish or send via our website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person's intellectual property rights or rights of confidence, impinge upon any person's privacy, or constitute incitement to commit a crime[; further, material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing.]
We reserve the right to edit or remove any material posted upon our website.
We may take such action as we deem appropriate to deal with the posting of unsuitable material, including suspending or cancelling your account, restricting your access to our website, or commencing legal proceedings against you.
[In respect of all material that you post on our website, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-licence such rights.]]
[(7) [Customer Deliveries]
If Goods are ordered in error an uplift / credit maybe raised under the discretion of http://www.keylekkerland.co.uk/ .
The delivery times on orders placed are within a 48 hour window [not including Week Ends [[and not taking into account unforeseen circumstances for example traffic congestion or breakdowns]]
Evidence of delivery eg delivery note to be signed - customer will be required to sign for delivered goods.
Claims for shortages - once the delivery has been made it is the onus on the customer to count the outers delivered and sign for them. If there is a product that has been delivered that was not ordered for example the customer ordered a case of Cola standard but Cola cherry flavour had been delivered then the customer has a 24 hour window to contact us for a credit / exchange.
[IF the customer signs for the delivery for example delivered goods are 99 outers yet the ordered goods were 100 outers and the customer has signed for the 100 outers then NO exchange / redemption of any kind will take effect - thus the onus is on the customer to make sure the ordered outers match the delivered outers. Inconsistency of product ordered to that of product delivered has a 24 hour window of notification to us.]
[(8) [Reservation of Title]
Risk in the goods passes on delivery to the customer. Property or beneficial ownership in the goods does not pass to the customer until all monies owing to http://www.keylekkerland.co.uk/ including monies owed from past direct debit card transactions / Bank account trasfers, and all other contracts between http://www.keylekkerland.co.uk/ and customer, have been paid in full under the account contractual terms.
[(9) [Obligation to hold the goods]
Up until the title of the goods passes to the customer, a fiduciary relationship exists, whereby the customer holds the goods on behalf of http://www.keylekkerland.co.uk/ . The Customer must store the goods so that they are identifiable as the goods of http://www.keylekkerland.co.uk/ , and not his own. Further, the customer must take all reasonable measures to ensure that the goods remain in good condition and are insured against all usual risks.
[(10) [Right to request return]
If title has not passed to customer, and the goods remain unsold and existing, http://www.keylekkerland.co.uk/ is entitled, at any time, to request the delivery up of the goods back to http://www.keylekkerland.co.uk/ .
[(11) [Right to reclaim goods]
If the goods are not delivered up when requested, the customer hereby gives irrevocable permission for http://www.keylekkerland.co.uk/ or its agents to enter, without notice, any premises or vehicle controlled by the customer, that http://www.keylekkerland.co.uk/ reasonably believes the goods to be in, and to remove any of the goods in which the title has not passed from http://www.keylekkerland.co.uk/ to the customer
[(12) [Proceeds of sales]
If the goods are sold by the customer, before the title to the goods has passed to the customer, then the customer holds the proceeds of the sale on trust for the benefit of http://www.keylekkerland.co.uk/ .
(13) Variation
We may revise these terms and conditions from time-to-time. Please check this page regularly to ensure you are familiar with the current version.
(14) Entire agreement
These terms and conditions [, together with our privacy policy,] constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
(15) Law and jurisdiction
This notice will be governed by and construed in accordance with English law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of England.
[(16) Registrations and authorisations
[We are registered with [Company House]. Our registration number is [01894345].
Our VAT number is [416 3309 74].]
(17) Our contact details
The full name of our company is [Key Lekkerland Ltd]. [We are registered in [England & Wales] under registration number [1894345].] Our [Key Lekkerland Ltd Trading] address is [Haydn House, 309 - 329 Haydn Road, Sherwood, Notts, NG5 1HG].
(18) Our invoicing address
The name of our company for invoicing is [Key Lekkerland U.K.]. Our [Key Lekkerland U.K.] invoicing address is [Glebe House, 2 Clifton Road, Rugby, Warwickshire, CV21 3PX].
You can contact us by email on [ enquiry@keylekkerland.co.uk ].