Terms of service
Terms & Conditions
1. Website usage terms and conditions
The term ‘KrachWerke’ or ‘us’ or ‘we’ refers to the owner of the website.
· The content of the pages of this website is for your general information and use only. It is subject to change without notice.
· Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
· Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
· This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
· All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
· Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
· From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
· You may not create a link to this website from another website or document without [business name]’s prior written consent.
· Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Scotland and Wales.
2. Terms and Conditions of Sale
1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.5 "Seller" means KrachWerke and all trading styles of KrachWerke.
1.6 "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
1.7 "Price" means the price of the Goods as stipulated on the Seller’s website
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods or payment for the Goods, whichever event occurs first, shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.5 Buyers must obtain prior written permission from the seller to sell the products on Ebay, Amazon or any other such auction site. If permission is granted the recommended retail price (RRP) of the products must be adhered to. If buyers sell below the RRP, the seller reserves the right to have those listings removed from the marketplace.
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.
4 PRICE AND PAYMENT
4.1 The Price of the Goods shall be that stipulated on the Seller’s Website.
4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
4.3 Payment of the Price plus VAT and delivery charges must be made in full before dispatch of the Goods, unless otherwise agreed by the Seller.
5 RIGHTS OF SELLER
5.1 The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.
5.2 The Seller reserves the right to withdraw any goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
6.1 The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.
6.2 The Seller guarantees all goods against faults and manufacturing defects for 12 months from the Delivery Date. Should any problems arise during the warranty period the Seller should be notified in writing by the Buyer and the goods should be returned to the Seller. If the Seller confirms the fault a replacement product will be issued to the Buyer.
7.1 Goods in stock will be delivered within the UK within 5 working days of acceptance of order.
7.2 Goods in stock supplied outside the UK will normally be delivered within 14 working days of acceptance of order.
7.3 For goods which are not in stock, buyers will be advised of a delivery time at the point of order.
7.4 The Seller shall use its reasonable endeavours to deliver in accordance to clause 8.1 and 7.4 however time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
7.5 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
7.6 The risk in Goods shall pass to the Buyer upon delivery of the Goods or upon the Goods being appropriated to the Buyer but kept at the Seller’s premises at the Buyer’s request.
7.7 The Seller remains the owner of the Goods affected by the Contract until the Seller has been paid in full for such Goods, upon payment for the Goods by the Buyer to the Seller, title to the Goods will pass to the Buyer.
7.8 Any Goods in respect of which any claim of defect or damage is made shall be preserved by the Buyer intact together with the original packing at the Buyer’s risk and shall be at the Seller’s option returned by the Buyer to the Seller who will refund the cost of postage and packing to the Buyer if the Goods are in fact defective.
8 CANCELLATION AND RETURN
8.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
8.2 Any Goods in respect of which any claim of defect or damage is made shall be preserved by the Buyer intact together with the original packing at the Buyer’s risk and shall be at the Seller’s option returned by the Buyer to the Seller who will refund the cost of postage and packing to the Buyer if the Goods are in fact defective.
8.3 Where a claim of defect or damage is made the Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
8.4 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller within 7 working days of receipt of the Goods.
8.5 Goods must be returned by the Buyer at the Buyer’s expense and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges within 30 days of cancellation. If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.
8.6 Goods to be returned must be clearly labelled and must include the returns form from the Website. Details of the Buyer’s name, address and the reasons for return must be included in order for the return to be processed. The Seller does not accept any liability for delays in processing returned Goods which do not comply with the provisions of this clause.
8.7 Where returned Goods are found to be damaged due to the Buyer’s fault a refund or replacement will not be issued.
9 LIMITATION OF LIABILITY
9.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
9.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
11 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
13 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time. but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
14 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.