Term and Conditions
Please read these terms and conditions carefully. They contain very important information about your rights and obligations, as well as warranty and liability limitations that may apply to you. By accepting delivery of the Product(s) purchased from Kinetic UK and described on your invoice, you agree to be bound by and accept the terms and conditions set forth herein. Any attempt to alter, supplement or amend this document or to enter an order for Product(s) that is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and Kinetic UK. A binding contract will only be formed upon Kinetic UK giving notice of its formal acceptance of an order. An acknowledgment of receipt of an order shall not constitute acceptance of an order. These terms and conditions are effective from November 2008 on, and are subject to change without prior written notice at any time, at Kinetic UK’s sole discretion. We strongly recommend that you print a copy of these terms and conditions for your own records.
1) Definitions - Kinetic UK Policies All Kinetic UK Policies, available Products and Services, and all encompassing agreements are provided at www.kineticuk.com, and are dictated by those effective on the date of this Contract.
"Kinetic UK", "we" or "us" and/or "our" means Kinetic UK, the Product and/or Service vendor.
- "You" or "yours" means a natural person or company who orders Products or Services from Kinetic UK and who is acting for purposes outside of his/her business; Appendix B - 75
- "Contract" is the contract containing these terms and conditions, formed by Kinetic UK's acceptance of your order, and credit card or other payment details;
- "Products" are the products listed for sale on the Kinetic UK website;
- "Services" are any services available from Kinetic UK made available from time to time through Kinetic UK websites.
- “International” refers to selling into any country outside of Europe and the EU member states. Switzerland and Norway do not fall under ‘International’ as they are within Europe.
1b) General – Application of and Changes to these Terms and Conditions These terms and conditions apply to any order, purchase, receipt, delivery or use of any Products from us and no other terms and conditions shall apply. These terms and conditions do not affect your statutory rights, which cannot be waived or limited by contract. We reserve the right to amend these terms and conditions, including payment and warranty terms, without notice to you. We may provide notice of changes to these terms and conditions and other matters by displaying notices or hypertext links to notices or by simply making the changes on the website. Frequent review of our website and these terms and conditions is recommended. However, Contracts concluded on the basis of previous terms and conditions remain unaffected. An updated version of the terms and conditions will be available to you at all times on this website and it is your responsibility to review this periodically.
2) Payment Terms, Order, Delivery
a) Payment Terms
Payment may be made by:
- Approved Credit/debit Card;
- Wire Transfer (For wire transfer, a company representative will contact you and provide the necessary information);
- For credit/debit card payments: you must provide your valid card number and other requested details at the "check-out" section of our website on ordering Products. After we have verified Product availability and accepted your order and payment method we will charge your credit/debit card.
Payment must be made in full immediately upon Kinetic UK’s acceptance of your order. We reserve the right to carry out our invoicing and payment collection through third parties.
b) Order Acknowledgment, Order Acceptance, Error Correction, Contract formation
We will in our sole discretion accept or reject orders, or advise you of our inability to process orders. All orders placed by you through the website are subject to acceptance of your order by us. We will send you an acknowledgement of receipt of an order by e-mail. Acknowledgement of receipt of an order may be generated automatically and shall not constitute an acceptance of that order. The website may automatically identify and/or alert you to certain types of input error before you place your order. However it may not identify all errors or omissions particularly information that may have been entered by you and you should ensure that the information you submit in your order is accurate and complete. Any Contract is dependant and conditional upon our verification of availability and acceptance of both your order and your credit card or other payment details. Until we confirm acceptance of all requested information, we have no obligation to provide any Products or Services. Where you have elected to make payment other than with a credit card (and we have accepted that payment option), we are entitled to consider an order or Contract cancelled with or without notice to you if we do not receive that payment within ten (10) days of the date of the relevant order acknowledgement.
Products will be delivered to the delivery address as specified in your order form and provided to us. We will select a reputable carrier and appropriate means of delivery of the Product to you. Products may be delivered in instalments in any sequence and each instalment is deemed to be the subject of a separate Contract. Failure by us to deliver one or more instalments will not affect the Contract in respect of Products previously delivered and you will be deemed to accept those instalments already delivered.
d) Delivery Date
We aim to deliver accepted orders promptly. Accessory Shop orders will ship within three to five (3 – 5) working days from the date payment is received by our billing department. System orders will be shipped within ten to fifteen (10 – 15) working days from the date payment is received by our billing department. Any dates given by us for the delivery of Products are estimates only, and we cannot and do not undertake that delivery will occur on any specified date. In the event that the shipping time for your Accessories Shop or System order will exceed these time frames, you will receive notification by email or a sales representative will be in contact with you to advise. Note also that you have the option to cancel your order at any stage prior to dispatch of the Products by us. If Products cannot be delivered by any estimated or target dates given by us, we may elect to cancel the order and refund any money paid by you. If an order is cancelled, our only obligation shall be to refund to you any money paid by you.
3) Price and Promotions
a) Price and Taxes
The price of the Product shall be the current applicable price at the date and time of acceptance of your order. This will be specified either on our website or at the Product purchase "checkout" screen. Any incorrect prices listed on our website shall be void and of no effect and also in respect to any orders placed for incorrectly priced Products. The correct price as determined by us shall be notified to you on our acknowledgement of your order. If you wish to continue with the order, we will substitute the correct price in place of the incorrect price. The price listed on the website does not include shipping or handling costs, transport, insurance, or any other applicable duties, taxes, levies or charges, unless stated otherwise. The terrorities covered by any mention of Free Shipping are: the United Kingdom, Ireland and Northern Ireland. VAT is only included if stated. Details of shipping and handling costs, transport, insurance, VAT or any other applicable duties, taxes, levies or charges will be specified at the Product purchase "check out" stage.
b) Rebates and Promotions
All Rebates and Promotions advertised apply to a maximum total order size of 8 systems.
Kinetic UK will retain the title until full payment has been received by Kinetic UK. If the PC is paid for in full prior to delivery to you then the title of that Product passes to you when we deliver it to the carrier and risk of loss passes to you when the shipper delivers the Product to the designated address. Title to any software comprising, included in or with Products remains either with us or the relevant licensor, notwithstanding payment. We reserve the right to terminate your right to use the Products, and to enter your premises and repossess Products (or to instruct a third party to do so), if payment is not made when due, or if the credit card company declines payment or requires us to return any payment made for the Products, for any reason.
5) Your Right to Return and Returns Policy
Products purchased from the website may be returned within Seven (7) calendar days, for a refund of the original purchase price, less original freight cost if you are not satisfied or the Product is not of merchantable quality, following the date you receive the Products, subject to compliance with the following:
- you must receive an RMA # that can be obtained by calling or emailing our customer service department via the details found on our “Contact Us” page. You must provide your Customer ID, invoice number, item description, and serial number with the returned Products;
- you must return the Product to the address given to you by the agent that issued the RMA#. The returned Product should be in “as new condition,” in its original packaging and containing all manuals, parts, documents, warranty cards and all accessories originally shipped;
- prior to any reimbursement of the Product price you must prepay the Product carriage/delivery charges and assume all risk of loss and damage to Products while in transit to us.
- freight costs incurred by you for shipping the system to you originally will not be reimbursed.
If you return Products:
- which have been damaged or used;
- without a RMA # return reference number;
- after the Seven (7) calendar day return period;
- without proper or with missing packaging;
- parts of which, including components, included products, accessories, packaging, boxes, documents and/or other items are damaged or missing, or
- without pre-paid delivery
Kinetic UK retains the right either to refuse to refund Product purchase price, or to charge you repair or related fees and delivery charges. We may in that case deduct those fees and charges from any payments to be refunded to you. Subject to the above qualifications, we will repay the actual amount paid to us, less any fees and charges due to us (as per the above) on returned Products, by issuing you a refund using the refund method we choose or by crediting your account.
Exceptions to right of return. The right of return and refund does not apply to software sold with Kinetic UK branded products, or as a separate product if the license seal has been broken and/or shrink-wrap packaging opened or if the Kinetic UK branded Products have been customised in accordance with your instruction.
6) Limited Product Warranty for Domestic Customers and Disclaimer of Warranties.
THE LIMITED PRODUCT WARRANTY APPLICABLE TO Kinetic UK-branded products may be viewed on-line at the following url: http://www.kineticuk.com/limited_warranty/. There are no warranties for software, services or non-Kinetic UK branded products, which products and services are provided “as is”. Warranty and service for non-Kinetic UK branded products, if any, are provided by the original manufacturer, and not by Kinetic UK. Kinetic UK makes no warranties, express or implied, except those stated in this section and in Kinetic UK’s applicable warranty statement in effect on the date of the invoice. Any such warranty will be effective during the relevant period, and Kinetic UK will be obligated to honour any such warranty only upon Kinetic UK’s receipt of payment in full for the item to be warranted.
7) International Orders
Limited Product Warranty for International Customers and Disclaimer of Warranties covered by the following section under http://www.kineticuk.com/limited_warranty/. All duties and applicable taxes are not calculated or charged by Kinetic UK. The customer is solely responsible for any shipping costs, as well as duties and/or taxes that may be incurred from the international transit of any part or system for repair.
8) Limitation of Liability.
Kinetic UK does not accept liability beyond the remedies set forth herein, including any liability for products not being available for use, for lost or corrupted data or software, or the provision of services and support. Kinetic UK will not be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. You agree that for any liability related to the purchase of products or services bundled with the products, Kinetic UK is not liable or responsible for any amount of damages above the aggregate sterling amount you paid for the purchase governed by this agreement.
9) Software Licences
All software is provided subject to the license agreement that is part of the Product you receive from us. It is licensed either by us or the relevant software owner to you, subject to the relevant software end-user license agreement or other terms included with the software and/or with the Product or Services. Software may not be disassembled, decompiled, reverse engineered, merged or combined with any other software, distributed in any form, copied, translated, adapted, varied or modified. If the software license terms are not expressly supplied, the software is deemed to be licensed on a non-exclusive, non-transferable, single user basis for use only with the accompanying Product.
10) Our Products
We continually update and revise our Products and Service offerings. We may update, revise and/or discontinue Products and we may revise prices for Products listed as available items on our website at any time without prior notice to you. A price remains valid only for the duration of the day on which you visit the page of our website displaying that price. Product availability constantly changes and all orders are subject to availability of the relevant Products. We reserve the right to prioritise orders and to allocate limited stock between orders as we see fit. Where a Product is not available we will ship products that have the same functionality and performance of the Products ordered, but changes between what is shipped and what is described in a specification sheet are possible. The parts and assemblies used in building Kinetic UK branded Products are selected from new and equivalent-to new parts and assemblies in accordance with industry practices. Spare parts may be new or reconditioned. Any weights and measurements stated on our website are approximate. Although care is taken to ensure the accuracy of the information on our website, it could include inaccuracies or typographical errors, including pricing errors. We are not obliged to honour, nor will we be liable in respect of such errors. We and our third party suppliers may make improvements and/or changes in Products, Services, Prices and other details described on our website at any time.
11) Product Acceptance
It is your responsibility to examine the Products on delivery, verify their condition, and satisfy yourself that the content of the Product package is complete. Unless you have on delivery or promptly thereafter inspected the Products and notified us of any deficiencies or defects, the Products will be considered to have been accepted by you on delivery, as in good condition, and with all accessories, documentation, components and other products and content to be contained in the Product, in accordance with the Contract.
As the purchaser, you are responsible for your own specifications, configurations, choice of products, and suitability thereof. Any and all telephone and postal charges in conjunction with the contacting of Kinetic UK will be the sole responsibility of the purchaser. Every reasonable effort must be made to enable Kinetic UK to perform any and all functions, including, but not limited to service and assistance. Failure to comply will negate Kinetic UK’s obligation to complete any service. Prior to Service, you are required to remove all products not supplied by Kinetic UK and to back up all data on the system.
All calls between the Customer and Kinetic UK may be monitored and recorded for training and quality purposes.
12) Intellectual Property.
In the event of a claim where use of Products encroaches on third party Intellectual Property (IP), Kinetic UK indemnifies the Customer from all liabilities, including costs. If this should occur, Kinetic UK may recall Products to exchange or modify or refund you, minus depreciation. This indemnity does not extend to you for any third party products or software, unauthorized modification, or any claim resultant from the use of any item not supplied by Kinetic UK with your Products. You reciprocate this indemnity to Kinetic UK for any IP owned by you that has been integrated into your Products. You are required to fully cooperate in any legal or otherwise related proceedings when such is specific to your Products. This will be done at Kinetic UK’s expense except where IP owned by you is the alleged cause of infringement. Kinetic UK retains all rights and ownership of all IP in Products, and you are required to notify Kinetic UK immediately of any unauthorized or infringing use of IP or Products within.
13) Not for Resale.
You agree that you are buying the Products for your personal non-commercial use and you shall not resell Product parts, components or accessories packaged with the Products. We reserve the right to reject orders placed by you if you breach this term or if we reasonably suspect that you have breached or will breach this term.
14) Governing Law and Jurisdiction
The sale of Products and/or Services and these terms and conditions shall be governed by and construed under the laws of Northern Ireland. For all disputes, you hereby submit to the exclusive jurisdiction of the Courts of Northern Ireland.
15) Export Control
You acknowledge that the purchased goods licensed or sold under this Agreement, and the transaction contemplated by this Agreement, which may include technology and software, are subject to the customs and export control laws and regulations of the EU and US, and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. Further, under EU and US law, the goods shipped pursuant to this Agreement may not be sold, leased, or otherwise transferred to restricted countries or utilized by restricted end-users or an end-user engaged in activities related to weapons of mass destruction, including activities related to the design, development production or use of nuclear weapons, materials, facilities, missiles or the support of missile projects, and chemical or biological weapons. You agree not to provide any written regulatory certifications or notifications on behalf of Kinetic UK. Kinetic UK has not tested product for use in high-risk activities including any life sustaining, chemical, or mission critical use. KINETIC UK WILL NOT HAVE ANY LIABILITY FOR ANY DAMAGES ARISING FROM THE USE OF THE PRODUCTS IN ANY HIGH RISK ACTIVITY, INCLUDING THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, MEDICAL SYSTEMS, LIFE SUPPORT OR WEAPONS SYSTEMS.
16) a) Data Protection and Privacy
By submitting your orders:
- You consent to the processing of any personal information, such as your name and title, address, telephone number, contact details and other personal details ("Personal Data")
- You acknowledge that the processing of your Personal Data is necessary for the performance of the Contract and you consent to such processing
We will never share, make available or transmit Personal Data to other Kinetic UK affiliated companies. Nor will we disclose Personal Data to entities and persons, not Kinetic UK affiliated companies, (“Third Parties”) without your consent, except in the cases below:
- Personal Data may be disclosed to Third Parties to enable the performance of contracts you are party to or for other purposes specified in these terms and conditions;
- Personal Data may be disclosed to Third Parties to enable compliance with legal obligations to which we or other Kinetic UK affiliated companies are subject;
- Personal Data may be disclosed to Third Parties to enable them to provide services for or on behalf of, or at the direction of, us or other Kinetic UK affiliated companies.
- Do not use Personal Data other than for the purposes permitted;
- Obtain and process Personal Data only on condition that Personal Data is secure from unauthorised use and that they adopt and comply with similarly stringent policies and terms on Personal Data protection and use, and
- Comply strictly with applicable laws.
You may request us to inform Third Parties to whom Personal Data has been communicated of corrections or deletions to that Personal Data. If we do not have control of that Personal Data, we will use its reasonable efforts to communicate your corrections and deletion requests. However, where Personal Data has been transferred to credit card payment and certain other agencies for payment processing, you may need to contact such agencies directly if you wish Personal Data transferred to those agencies to be rectified or deleted. We exclude all responsibility for rectifying or deleting Personal Data that has been transferred (with your consent) to certain agencies such payment processing agencies that require and/or assume control of that data.
b) Use and Protection of your Customer Login Information
You are solely responsible for:
- providing true, accurate, current and complete information about you as required in the Customer Login screen (“Customer Information”); and
- maintaining and updating your Customer Information to maintain its accuracy, currency and completeness; and the security of any password created by you or allocated to you. We cannot be liable for any unauthorised use of passwords.
17) Miscellaneous Provisions
a) Force Majeure
We will not be held responsible nor will we hold any liability to you for any delay or failure to comply with our obligations under these terms and conditions if the delay or failure arises from any cause which is beyond our reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes (whether or not involving our employees) or acts of local or central government or other competent regulatory authorities or events beyond the reasonable control of our suppliers.
Kinetic UK may, at its sole discretion, and with immediate written notice, terminate this agreement if you
- fail to pay the full amount in the time allotted; or
- breach, or are suspected of breaching, export control laws.
Either party may terminate this agreement if the other party
- violates this agreement, without remedy, within 30 days of written notice from the other; or becomes insolvent.
c) Notices and Communications
Each party (i.e. you or us) may send notices or communications to the other by personal delivery, e-mail, regular mail or fax. Notices or communications must be sent to the latest contact details specified by the receiving party. Notices and communications will be considered received by the addressee (as applicable) if (1) by courier or other mode of personal delivery, on the date of personal delivery to such addressee’s address as last specified by that addressee before dispatch; or (2) by posting, 5 working days after the date of registered posting (by airmail, delivery receipt requested) to the addressee’s address last specified by the addressee before posting; or (3) by facsimile, contemporaneously with facsimile transmission to the facsimile number last specified by the addressee before transmission, with delivery being evidenced by an appropriate successful transmission contact report. E-mail communications shall be considered received by the addressee on the earlier of (1) the earliest time at which the e-mail is accessible by the addressee; (2) receipt by the sender of a delivery receipt message indicating successful delivery to the intended addressee’s e-mail address, or (3) the expiry of 48 hours from the sending of the email; provided that if at any point the sender receives notification that the e-mail has not been successfully transmitted to an addressee then the e-mail shall not be deemed to have been received by that addressee. Order cancellations by you via e-mail shall only be effective upon express acceptance thereof by us. We may at our option accept orders and acknowledge, accept or effect other communications by telephone. Telephone communications by us shall be as effective as written communications.
d) No waiver
No omission or delay on the part of any party to insist on strict performance of any terms and conditions, or in exercising any right, power or remedy under these terms and conditions, shall operate as a waiver thereof, nor shall any single or partial exercise by any party of any right, power or remedy preclude the further or other exercise thereof or the exercise of any other right, power or remedy. Without limitation, no waiver by any party of any breach of any provision of these terms and conditions shall be a waiver of any subsequent breach of that or any other term or condition.
e) Internet domain
You will not register or use any Internet domain name that contains an Kinetic UK trademark or trade name (i.e. Kinetic UK) in whole or in part or any other name that is confusingly similar thereto. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from. If any provision of these terms and conditions is found by a court of competent jurisdiction to be unenforceable, the enforceability of the remaining provisions shall not be affected or impaired.