Terms & Conditions

The following terms and conditions (referred to as the Terms) apply to all purchases made from this website or by telephone between KS Energy and the customer. By placing an order you are making an offer to KS Energy (referred to as us/we/our) to purchase the items ordered subject to the Terms. The offer is only accepted when we process the order and dispatch the item(s) and once accepted by us shall constitute a binding agreement between you and us. Please therefore read this document carefully before placing your order. These terms do not affect your statutory rights.

Acknowledgement and Receipt of Orders

Orders are acknowledged by email as soon as possible. Any email or other acknowledgment from us does not constitute our legal acceptance of your order. The offer is only accepted when we process the order and item(s) dispatched. We will email you a copy of your receipt, either separately or within the acknowledgement. The receipt is confirmation that we have received your authorisation to take the monies shown from the relevant payment partner. The receipt also serves as the required proof of purchase for any returns, so please ensure you retain the email and / or a hard copy in a safe place.

Availability

Your order for goods is subject to availability. If we do not supply goods to you for any reason we will inform you of the situation and will not charge you for those goods, or at your request we will refund any money that has already been paid by you for the goods within 24hrs (Mon-Friday).

14 Day Returns – Your Statutory Rights

If you wish to cancel your order or return goods, you should notify us of your intention to do so within 14 days of the date of placing your order. You then have an additional 14 days to return the goods from this notification date. In such circumstances you must return the goods at your own cost and we will refund to you the cost of your order including delivery costs. However, if goods are not returned “as new” due to excessive handling on your part or with components missing (including packing materials and manuals missing or damaged) we may make a reasonable deduction for this.

Payment and Prices

We try to ensure that all prices displayed on our website are accurate. The price for the goods will be as stipulated on the website at the time when you place your order. We may update the prices on the website at any time to take account of any increase in our costs, however caused or if, due to an error or omission, the published price for the goods on our website is wrong. The price of the goods on your order will need to be validated by us prior to processing your order. If there is a problem, we will inform you of the correct price and will give you the opportunity to purchase the goods at the correct price.
We can currently accept payment of your order by Visa, Mastercard, Delta/Connect and Maestro. We also accept payments made through PayPal. Payment by cheque will result in a delay in the dispatch of your order until such time as cleared funds are received at our bank. This can take up to 7 working days. You may also pay by bank transfer (BACS). We do not offer credit facilities to none trade customers.

Payment for goods must be made in accordance with our purchase procedure. All orders are positively credit card sanctioned prior to dispatch. We cannot accept responsibility if any details you provide us with are incorrect or if any order is held up as a result of incorrect details supplied by you.
All prices on our website are in pounds sterling and inclusive of any applicable VAT (unless otherwise stated). Delivery charges may not be included and will be shown at the time of placing your order. (Unless we are unable to calculate the charges using the information supplied to us. In this case, we will contact you to discuss the delivery costs and options.)

Delivery

Our standard delivery charges are for deliveries to addresses within mainland Britain, excluding Highlands and Islands and offshore. For delivery addresses outside this area, we will quote you, at which time you may accept or decline to proceed. There may be an additional charge for certain items which require specialised transport. We will notify you of this when you place your order. We will endeavour to deliver the goods within the times stated in our delivery procedure – usually within 3 days – but we cannot guarantee to deliver goods by that given time and if this is the case, we will contact you to inform you. If no time is specified, delivery shall be within a reasonable time and 7 days for dispatch.

Should delivery be delayed by us for more than 7 working days from the delivery date you have the right to contact us and cancel the order. In this case we will happily refund you any money paid for the goods.
We reserve the right to charge for re-delivery if you are not present during an agreed delivery timescale.
As soon as we have delivered the goods to you, you will be responsible for them. When we deliver the goods we will require you to sign for them (providing it is safe to do so), we can leave the goods in a specified safe place which you will need to have agreed separately with the courier. If you are not able to sign for a delivery, we will do our utmost to let you know when we intend to redeliver the goods again.

Our responsibility for everything other than damage due to our negligence will end at the time the carrier attempts to deliver the goods to you.

Title in the goods will pass on delivery. Should you return the goods pursuant to conditions set out under these terms and conditions, then title in the goods shall revert to us when you return the goods to us and we receive them.

Liability

Many of the goods we sell are of a technical nature and require installation by a competent person. However, if your goods are proven not conform to the specification displayed on our website relating to such goods at the date of purchase, if you ask us to, we will arrange for collection of the goods from you (where the goods are not classed as dangerous goods for third party transport) and you will be entitled to receive a refund on production of proof of purchase (sale receipt). Where goods are classed as dangerous goods, it is not always possible to arrange a third party courier to collect these goods safely from you and you will need to return these goods in person. We shall not be liable for any consequent losses, costs, damages, charges or expenses caused by any delay in delivery of the items to you. We shall not be liable to you, for any failure or delay in performance of our contract if it is due to an event beyond our reasonable control. This includes, without limitation, acts of God, war, industrial dispute, fire, flood, tempest and national emergencies.

Your statutory rights

The Consumer Contracts Regulations – which came into force on 13 June 2014 and implement the Consumer Rights Directive – lay down your general rights when shopping online. The full text of the regulations is published by Her Majesty’s Stationery Office and is also available on the Stationery Office website. http://www.legislation.gov.uk/uksi/2013/3134/contents/made

Complaints Procedure

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. We will however endeavor to acknowledge all complaints within 7 working days. If you have a complaint please contact us at:

KS Energy Unit 323 Hartlebury Trading Estate DY10 4JB or E mail: sales@ksenergy.co.uk

Miscellaneous

The contract between us shall be deemed to have been made in England and shall be governed by the laws of England and Wales.

Website Terms and Conditions of Use

Website Operator, This website is operated by us. We grant you (the user) a non-exclusive licence to use this website upon the following terms and conditions. We reserve the right to terminate this licence at any time without notice.

Our website contains material which is owned by or licensed by us. This material includes, but is not limited to, the design, layout, look, appearance, text and graphics. It is protected by intellectual property laws, including but not limited to copyright.

All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website.

You may view, use, download and store the material on this website for personal use and research only. Commercial use of the material on this website is not permitted. The redistribution, republication, or otherwise making available of the material on this website to third parties without our prior written consent is prohibited. Unauthorised use of this website may give rise to a claim for damages and /or be a criminal offence.

Accuracy of Information

The information in this website is given in good faith. It is subject to change without notice. We are not responsible for any inaccuracies and (except as set out under the heading “Liability”) make no representation and give no warranty as to its accuracy. Please see our Terms and Conditions of Sale regarding the basis on which we will provide goods and services to you. In particular please also see section “Payment and Prices” of the Terms and Conditions of Sale regarding changes to the price of products.

Nothing on this website is intended to be nor should be construed as an offer to enter into a contractual relationship.

Linking

This website contains links to other websites. We accept no responsibility or liability for the content of third-party websites which are not under our control. Any link is not intended to be, nor should be construed as, an endorsement of any kind by us of that other website. Any arrangements made between you and any third party named or referred to on this website are entirely at your sole risk and responsibility.

You may not create a link to this website from another website or document without our prior written consent.

Liability

We do not guarantee that use of this website will be compatible with all hardware and software which may be used by visitors to the site.

Except as set out in the clause below, we will be under no liability to you whatsoever whether in contract, tort, (including negligence) breach of statutory duty, restitution or otherwise for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused arising out of any information or other materials contained in this website, including, without limitation, as a result of any computer virus or any errors in the content of this website or any communication from us regarding the same.

These terms and conditions do not exclude our liability (if any) to you for personal injury or death resulting from our negligence, for fraud or for any matter in which it would be illegal for us to exclude or to attempt to exclude our liability.

Security

We do everything we can to ensure that any information you give us is dealt with in a secure way. When you enter your payment card details on our website, you are doing so on a secure page. Card information is transferred using SSL (Secure Sockets Layer) or other similar technology. We use PayPal and Sage Pay to collect and process transaction information. Click on this link for more information on Sage Pay. http://www.sagepay.co.uk/policies/security-policy. Click on this link for more information on PayPal. https://www.paypal.com/re/webapps/mpp/paypal-safety-and-security

Privacy

Our privacy policy can be seen on our separate privacy page. The privacy policy forms part of these terms and conditions.

Complete Agreement

These terms and conditions (including our privacy policy) contain all the terms which you have agreed with us in relation to the use of the website.

Jurisdiction and Acceptance of these Terms and Conditions

This website is controlled and operated by us from our offices in England. The information, existence, construction, performance, validity in all aspects whatsoever of these terms and conditions or of any terms of these terms and conditions or any dispute in relation to the material contained in this website shall be governed by English Law and where a dispute arises in Wales, the applicable law will be English law as applied in Wales. The English and Welsh courts shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions of use of the website.
Your continued use of this website indicates your acceptance of these terms and conditions.

We reserve the right to change these terms from time to time. Any such changes shall not affect any contract subsisting between us at the time of such change. Please check them before you make any new purchase. We advise you, our valued customer, to print and keep safe a copy of these terms and conditions for your reference.