Online Sales Orders through the Shopping Cart and Checkout Area of the Website
1. You acknowledge that an order by you placed on the Website constitutes an offer by you to Klipspringer to purchase one or more Products, using the shopping cart and checkout application on the Website subject to these Terms and Conditions of Supply. “Products” shall be deemed to include all products advertised on the Klipspringer website or otherwise purchased from or through Klipspringer. Where you have placed an Order for Products either by phone or other than via the Website, any Product supplied is subject to these terms and conditions as referenced in Klipspringer documentation (either by email, by Order Acknowledgment, Order Confirmation or other correspondence).
2. The Contract for a particular transaction is concluded at the point where Klipspringer accepts your offer to purchase any Products by remitting an order confirmation to you (the "Order Confirmation") by email. Until such Order Acknowledgment or Order Confirmation is sent, Klipspringer has no obligation in respect of your proposed purchase. The Order Acknowledgment or Order Confirmation is subject to these terms and conditions which shall apply to the exclusion of all other terms and conditions.
3. Klipspringer may however in its sole discretion reject your order in whole or in part (without liability) if it is unable to fulfil it in full and will refund any payments made for the unfulfilled portion of your order.
4. If Klipspringer is unable to supply you with a product, for example because that product is not in stock or no longer available or because of an error in the price on our Website it will inform you of this by e-mail and will not process that part of your order that cannot be fulfilled. If you have already paid for the products, Klipspringer will refund you the amount in respect of that part of the Order that cannot be fulfilled as soon as reasonably possible.
5. You may only purchase products from our Website if you are at least 18 years old.
6. As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizen's Bureau or Trading Standards office. Nothing in these Terms and Conditions of Supply will affect these legal rights.
7. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you purchase Products.
8. These Terms and Conditions of Supply, and any documents expressly referred to in them (which for the avoidance of doubt includes all of the other Policies) constitute the entire agreement between you and Klipspringer (but in the case of you being a consumer, are in addition to the statutory rights that you may have). You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us or Klipspringer which is not set out in these Terms and Conditions of Supply or any document expressly referred to in them.
9. Please place your order by phone: +44 (0)1473 461 800, email: firstname.lastname@example.org, or online: www.klipspringer.com.
10. For orders over £300 (ex. VAT) to locations
throughout UK and ROI, standard delivery is free of charge. For orders under £300 (ex. VAT), deliveries
will incur a charge dependent on region, unless otherwise agreed.
11. Special delivery services are available on request for UK mainland only.
12. Where orders are placed prior to 16:00 and the required items are in stock, orders will be despatched the same day. This generally means orders are delivered the next working day before 17:30 in the UK (allow 2 working days for ROI, Northern Ireland and a few of the most northern counties of Scotland), although this cannot be guaranteed by Klipspringer. All deliveries must be acknowledged, inspected and signed for by a representative of the buyer.
13. Delivery charges for goods supplied outside of UK and ROI are determined at point of sale. Default terms of delivery for UK and ROI are ExWorks. Default terms of delivery to the EU are DAP (Delivery at Place, duty not paid).
14. Unless otherwise advised by the Buyer, complimentary confectionary may be added to your order. If the Buyer does not wish to receive this, then please advise Klipspringer in writing to email@example.com and this will be noted against your account.
15. The majority of the packaging supplied is staple-free but we cannot guarantee this for all items, so care should be taken when unpacking deliveries.
Notwithstanding the above, Klipspringer shall not be liable, save as set out herein, for any failure to deliver the Products or for any damage to Products prior to delivery. In the event of the failure to deliver the Product by the time specified in the special delivery service as set out above, Klipspringer’s liability shall be to reimburse the difference paid by the Buyer above the cost of standard delivery.
For Products or packaging damaged prior to delivery the provisions set out below shall apply.
Credit Account Facilities
16. Credit facilities are offered on receipt of satisfactory trade references and reports and are subject to our terms and conditions of trading.
17. Klipspringer reserves the right to suspend or stop deliveries and to withdraw or restrict credit facilities (i) if any payment becomes overdue or (ii) has reason to believe that the Customer may be unable or unwilling to pay for the goods or (iii) otherwise at Klipspringer’s discretion. Klipspringer will advise the Buyer if and when it proposes to stop deliveries or withdraw credit, although failure to do so notify shall not affect Klipspringer’s rights.
18. It is the responsibility of the credit account Customer to inform Klipspringer of any changes that may adversely affect their account.
19. Net payment is due on presentation of invoice (in the case of approved accounts only) within 30 days of the end of month in which invoice was raised (unless alternative credit terms have been agreed in writing with Klipspringer).
20. Returned or re-presented cheques will incur an administration charge of £40.00 per validation and re-presentation.
21. In the event of payment not being received within these terms, Klipspringer reserves the right to charge interest at a rate of 2% over the Bank of England Base Rate, calculated daily for each day the total invoiced amount remains unpaid together with an initial administration charge of £40.00 in connection with each payment not received when due.
22. Payment shall be made in full without any deduction or withholding other than as required by law and the buyer shall not be entitled to assert any credit, set off or counterclaim against Klipspringer in order to justify withholding payment in whole or in part of any amount due.
23. Where an order is placed and no credit facility has been approved, payment can be made on receipt of a pro-forma invoice by bank transfer via BACS or by bank card (Visa or Master Card [AMEX not accepted]). Alternatively, payment may be made by cheque in favour of Klipspringer Ltd. but goods may not be despatched until cheques have been cleared. Where high value items are included in the purchase, Klipspringer reserves the right to ensure that the funds are cleared before processing the order. Alternatively, you can place your order online, as per section 9 (placing orders) and pay via PayPal. (See the website terms and conditions.)
Klipspringer bank details are as follows:
Barclays Bank PLC, 13 Market Place, STOWMARKET, Suffolk, IP14 1EA
Bank Sort Code 20 82 75
Account Number 23693457
SWIFTBIC BUKB GB22
IBAN GB32 BUKB 2082 7523 6934 57
Reservation Of Title Of Goods Until Payment
24. Risk of damage or loss to the Products shall pass to the Buyer (Customer) immediately upon delivery. Title to the Products shall pass to the Buyer until payment in full for the Products (together with all other amounts due by the Buyer to Klipspringer) has been received by Klipspringer. Until such time as title passes, the Buyer shall hold the Products as bailee and trustee for the seller; shall retain them separately and as identified as being Products belonging to Klipspringer, retain them in the original packaging and in the same conditions as when delivered and shall return them to Klipspringer upon request and if the Buyer fails to do so, Klipspringer or their appointed representative may enter the premises of the Buyer to take physical possession of the Products. Unless the contrary is proved, it shall be assumed that the Buyer has sold or otherwise parted with possession of Products delivered by the Seller in the same order as they were delivered, i.e. first in, first out.
Return Of Goods For Credit
25. Items correctly supplied against any order where an Order Confirmation has been sent, may not be returned for credit without prior agreement, please contact Klipspringer via email to firstname.lastname@example.org for a Goods Return Form. On all returned items we reserve the right to levy a 15% handling charge. Where goods have been made to order and or supplied by an external supplier, Klipspringer Ltd reserves the right to pass on any additional costs which may be applicable. Products returned for credit must be returned at the cost of the Buyer in a saleable condition in original packaging if applicable. The Goods Return Form must include either the invoice or delivery note number on which the items were purchased before any credit note can be issued. Carriage charge will not be credited or reimbursed.
26. In regards to returning instruments for repair or calibration, please contact Klipspringer via email to email@example.com for a Goods Return Form, to aid a fast turnaround of service.
27. We regret that where Products, correctly supplied, have been specially over printed/ marked or otherwise personalised, or where items have been designed or modified at the customer’s request, Klipspringer Ltd would be unable to accept returns or pass credit against these items.
The above terms do not affect the rights of any Buyer where that Buyer is acting as a consumer and such terms would impact the Buyer’s consumer rights. In such circumstances the Buyer shall have the right of cancellation as provided by law.
Damage, Shortages Or Non-delivery
28. All Parcels should be inspected for external damage before being accepted and signed for by the Buyer (Customer) or their representative. If damage is found but is minimal and the Buyer is willing to accept the delivery, then the damage must be reported to the delivery driver to record such damage before the buyer signs to accept the delivery. Photographic evidence may also be advised, as parcels accepted as in good condition will not be claimable if contents are later found to be damaged due to external damage not reported. If the Buyer or their representative believes damage may have also resulted in internal damage to the products the Buyer has purchased, then the Buyer or their representative may refuse to accept delivery. Please advise Klipspringer as soon as possible after a delivery rejection, so a replacement order can be processed.
29. If damage to items is found whilst unpacking, then please notify Klipspringer by phone +44 (0)1473 461800 and in writing via email to firstname.lastname@example.org within 24 hours of delivery or as soon as discovered. Photographic evidence will also be required.
30. For shortages, then notification should be by phone or in writing within 3 days of delivery. For notifications made after 3 days, replacement or credit is at the discretion of Klipspringer Ltd.
31. For non-delivery, contact should be made by phone or email on the day after expected delivery to ensure the matter can be investigated with the courier.
32. Defective items should be reported via email to email@example.com or by phone 01473 461800, where Customer Support will ensure your query is dealt with swiftly.
33. Notwithstanding any advice that we may give, it remains the Buyer’s responsibility to satisfy themselves as to the fitness of the Products for any particular purpose and the Products are sold without any warranty, express or implied, as to their fitness for any particular purpose.
34. Although GMP is practiced within our warehouse, we would still advise our customers to clean all items intended for use within any food preparation or manufacturing facility in line with their own cleaning instructions prior to use.
The above provisions set out Klipspringer’s total liability for damage to Products prior to delivery or for shortages or non-delivery of Products.
Third Party Rights Excluded
35. The Contracts (Rights of Third Parties) Act 1999 shall not apply.
Value Added Tax
36. Prices are subject to VAT at the standard rate where applicable. The invoice will specify the Price of the Product and the applicable VAT.
Revision Of Process And Specification
37. We will maintain prices as long as possible but they may be altered without notice. Products will be invoiced at prices ruling at date of despatch.
38. In line with our policy of progressive development of our product range, we reserve the right to alter specifications without prior notice. Current Specifications, Declarations of Compliance and Materials Safety Datasheets can be located here.
39. Any Products purchased by the Buyer that are subject to these terms and conditions are subject to such warranty that is offered by the manufacturer of the Product and not any warranty offered by Klipspringer (unless the manufacture is Klipspringer, in which case the warranty shall be as set out in the relevant Product documentation). Details of the warranty are available either (i) as set out in the manufacturer’s documentation accompanying the Product or (ii) upon request from Klipspringer.
40. Where the manufacturer does not provide any warranty in the documentation provided with the Product, then Klipspringer shall be under no obligation to provide any warranty in respect of the Product. Warranties shall be subject to conditions set out in the manufacturer’s documentation. Any warranty provided shall not apply to any consumable parts of the Product or parts that are subject to wear and tear.
41. Klipspringer Ltd will not be liable or responsible for any failures to perform, or delay in performance of, any of its obligation under a contract that is caused by any act or event beyond its reasonable control, including without limitation, UK leaving European Union, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster or failure of public or private telecommunication networks or impossibility of the use of railways, aircraft, motor transport or other means of public or private transport or unavailability or delay in procuring Products arising out of any of the foregoing.
42. Klipspringer Ltd.’s liability in respect of defects in the supply of Products shall be restricted to defects notified in accordance with section 32 above and in any event shall (except in the case of death or personal injury cause by our negligence or in the case of any fraud or fraudulent misrepresentation by Klipspringer, in which event the liability shall not be limited) be limited to refunding the part of the purchase price which related to the defective item supplied. Under no circumstance shall Klipspringer Ltd. be liable to the buyer for any loss of profit, loss or income, loss of business or loss of business opportunity nor for any indirect or consequential loss or damage whatsoever arising under or in respect of any contract or supply to which these Terms and Conditions apply (whether arising from breach of contract, misrepresentation, (whether tortious or statutory) tort (including but not limited to negligence, breach of statutory duty or otherwise) even if Klipspringer Ltd. were aware of the possibility that such loss or damage may be incurred by the buyer.
43. If any of the foregoing Terms and Conditions or part of them shall be found to be illegal or unenforceable it shall be severed and the remainder of these Terms and Conditions shall continue in full force and effect.
44. All intellectual property rights in any items created by or provided by remains the sole property of Klipspringer Holdings Ltd to the fullest effect permitted in law. This includes, without limitation, trademarks, copyright, inventions, designs, catalogues, literature, electronic processes and any other intellectual or industrial property rights of any kind.
Current Contact Details
45. In the unlikely event that Klipspringer may need to withdraw or recall any of its products, it is vital that we have up-to date contact details to ensure we can contact customers who may be affected in a timely manner.
46. As part of our recall testing these contact details maybe checked periodically.
47. All changes to the contact details should be notified to Klipspringer as soon as possible.
Application Of These Terms And Conditions
48. The current terms and conditions shall govern all contracts we make for the supply of goods and or services and shall prevail over any conditions proffered by the customer.
49. We reserve the right to change our prices and terms and conditions as circumstances dictate. Dealings with all our valued customers are conducted on the basis of mutual trust. However, for both parties, it is preferable to establish and agree together the basis of our trading relationship with your company.
50. Whilst you and we agree to keep the details of our dealings confidential, we reserve the right as part of our corporate materials and advertising to make reference to the relationship with our customers and to use appropriate references and images as part of such materials. We will always use the above in line with professional standards and in accordance with customers' standard brands and logos.
These terms and conditions shall be governed by English Law and any dispute regarding the supply of Products shall be determined by the courts of England and Wales.
Version No. 004, Issue Date 03-02-2022