Please read these terms and conditions (Terms") carefully, by placing an Order You agree to be bound by these Terms, or download them.
1. Definitions and Interpretations
1.1 In these Terms the following words shall mean:
You or Your means the person(s). firm or company who purchases the Goods from KandyToys and whose details are set out on the Order:
Us or Our or We means KandyToys Limited whose principal place of business is from the Contact Address; Contact Address KandyToys Hill Barton Business Park Sidmouth Road Clyst St Mary Nr Exeter EX5 1DR; Contract these Terms and the Order:
Delivery Point the place where delivery of the Goods is to take place pursuant to clause 4 and as may be identified on the Order;
Goods the goods purchased by You from Us as listed on the Order;
Order the order submitted by You and detailing the Goods to be purchased pursuant to these Terms.
1.2 In these Terms references to the singular include the plural and vice versa.
2. Application of Terms
2.1 Unless agreed by Us in writing, these Terms are to the exclusion of all other terms and conditions.
2.2 Any representations about the Goods shall have no effect unless agreed in writing and signed by one of Our partners. Nothing in these Terms will exclude or limit Our liability for fraudulent representation.
2.3 No Order shall be deemed to have been accepted by Us until a written acknowledgement and acceptance of the Order is issued by Us or (if earlier) We deliver the applicable Goods to You.
3.1 We will use its reasonable efforts to deliver the Goods in accordance with any agreed date on the Order. Time for delivery is not, however, of the essence.
3.2 Goods will be deemed to have been delivered when they are deposited at the Delivery Point by Us or Our authorised agent.
4.1 Risk in the Goods shall pass to You upon delivery, title to the Goods shall not pass to You until We have received full payment of the amounts due in respect of the Goods and any interest which may have accrued in accordance with clause 5.2 below.
4.2 Prior to title passing to You pursuant to clause 4.1 above. You will:
a. hold the Goods on Our behalf:
b. store the Goods (at no cost to Us) separately from all other goods of Yours or any third party in such a way that they remain readily identifiable as Our property:
c. not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods;
d. maintain the Goods in satisfactory condition and keep them insured on Our behalf for their full price against all risks to Our reasonable satisfaction;
e. not resell the Goods.
4.3 You grant Us. Our agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where the Buyers right to possession has terminated, to recover them.
5.1 Payment of the price for the Goods as set out on the Order is due as per payment terms shown on this Invoice and as were agreed. Time for payment shall be of the essence. You shall not be entitled to withhold or setoff any monies owing.
5.2 If You fail to pay Us any sum due pursuant to the Contract You will be liable to pay interest to Us on such sum from the due date for payment at the annual rate of 3% above the base lending rate from time to time of HSBC Bank Plc, accruing on a daily basis until payment is made, whether before or after any judgement.
6. Inspection and Acceptance
6.1 You will examine and inspect the Goods upon delivery. We will not accept (and You will not claim) any return, repair or replacement of Goods unless You discover that such Goods are damaged or faulty and You have sent a written complaint to Us at the Contact Address within 3 working days of delivery detailing such fault or damage. We will not be obliged to deal with any complaint submitted by You if the fault or damage would have been obvious on examination and/or inspection at the time of delivery.
6.2 In the event that You report any damage and/or fault in accordance with clause 6.1 then You will forthwith return such Goods at Your cost and risk to Us.
6.3 If We are satisfied that the damage and/or fault arose as a consequence of any act or omission by Us then We will replace or repair such Goods and deliver the same to You as soon as reasonably possible. In the event that We are unable or unwilling to repair or replace such Goods then We will refund any monies paid by You in respect of the Goods.
6.4 Subject to clause 7.3, the repair or replacement of Goods pursuant to clause 6.3 sets out Our entire liability to You for damaged or faulty Goods.
7. Limitation of Liability
7.1 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are. to the fullest extent permitted by law, excluded from the Contract.
7.2 Subject to clause 6.3 and 7.3, Our maximum liability under this Contract (including any liability for the acts or omissions of its employees, agents and sub-contractors, liability in contract and tort and liability for direct, indirect or consequential loss) shall be the price of the Goods.
7.3 Nothing in these Terms excludes or limits Our liability for death or personal injury caused by Our negligence or fraudulent misrepresentation.
8.1 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
8.2 Failure or delay by Us in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
8.3 The parties to this Contract do not intend that any term of this Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
8.4 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the non-exclusive jurisdiction of the English courts.
8.5 We reserve the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by You (without liability to You) if We are prevented from or delayed in the carrying on of Our business due to circumstances beyond Our reasonable control including, without limitation, acts of God. governmental actions, war or national emergency, acts of terrorism provided that, if the event in question continues for a continuous period in excess of 60 days, You shall be entitled to give notice in writing to Us to terminate the Contract.
9.1 All items featured on our website have approximate measurements.
9.2 Confectionary orders can only be processed for areas outside the west country where the volume warrants a palletised delivery.