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WEBSITE TERMS & CONDITIONS

The following Terms & Conditions apply to Retail Consumers using our website to place an order or set up an account.

Different Terms & Conditions apply to Trade (Business to Business) Customers, which are available on request.

Please also familiarise yourself with our Privacy Policy which shows how we use your data to perform our business functions.

1.     THESE TERMS

What these terms cover. These are the terms and conditions on which we supply goods and services to you. If you think that there is a mistake in these terms, please contact us to discuss. 

2.     INFORMATION ABOUT US AND HOW TO CONTACT US

Who we are. We are Kreativ Kinetics Ltd, a company registered in England and Wales. Our company registration number is 10367877 and our registered office is at 6 Ailwin Road, Bury St Edmunds, Suffolk IP32 7DS. Our registered VAT number is GB256749169.

How to contact us. You can contact us by telephoning us on 01284 750123 or by writing to us at 6 Ailwin Road, Bury St Edmunds, Suffolk, IP32 7DS or by email to cs@kreativkinetics.co.uk

“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3.     OUR CONTRACT WITH YOU

How we will accept your order. We will accept your order either through our website, verbally or in writing, at which point a contract will come into existence between you and us. 

4.     OUR PRODUCTS

Definition of products. These terms refer to the goods and services which we provide (together “products”). 

Products may vary slightly from their pictures or descriptions. We cannot guarantee that the website display accurately reflects the products.

5.     YOUR RIGHTS TO MAKE CHANGES

If you wish to make a change to the product you have ordered please contact us and we will let you know if the change is possible. 

6.     PROVIDING THE PRODUCTS

DelIvery costs. We do not charge for delivery of orders over £100. The costs of delivery for orders under £100 will be notified to you when you place your order with us. Some goods may be offered with free delivery, in which case only chargeable goods will be used to calculate delivery cost when you place your order. 

When we will provide the products. We will use reasonable efforts to deliver the goods to you on the date agreed (if specifically notified to you) and in any event within 30 days after the day on which we accept your order. If we are providing personalised, bespoke or other specialised services for you we will use reasonable efforts to carry out the services within 30 days after the day on which you confirm acceptance of proof of artwork, any order specifications or confirmation(s) notified to you by us. 

We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. 

Collection by you. If you have asked to collect the goods from our premises we will notify you once the goods are available if this is possible. We are a small business and are unable to accommodate visitors without an appointment. This is so that we can ensure an appropriate staff member is available. We will do our best to accommodate preferred dates and/or times within our normal business hours of 10:00 to 16:00 Mondays to Fridays (excluding Bank/Public Holidays). Collection must be completed no later than 14 days from any previously agreed appointment date in order to avoid storage charges being made (at 1% of total order value per day until the day of collection). If collection has not been made within 30 days after the previously agreed appointment date, we will offer delivery (which is chargeable separately and payable in advance together with any applicable storage charges) or your order with us will be cancelled and the order value less costs (of goods, storage charges and a 40% restocking charge) will be refunded unless goods are personalised or bespoke, in which case no refund will be given.

When you own goods. You own the goods once we have received payment in full.

Reasons we may suspend the supply of goods to you. We may have to suspend the supply of goods to:

(a) deal with technical/specification problems or make minor technical changes;

(b) update the goods to reflect changes in relevant laws and regulatory requirements;

(c) make changes to the goods as requested by you (see clause 5).

We may also suspend supply of the products if you do not pay, or in the case of collection, if this is not completed within the timescales given above.  

7.     WARRANTY

In addition to your statutory rights under the Consumer Rights Act 2015 we provide a warranty that on delivery and for a period of 12 months from delivery the goods we provide shall be free from any material faults or defects.

The warranty in this clause 7.1 does not apply to any defect in the goods arising from:

(a) fair wear and tear;

(b) wilful damage, abnormal storage or usage/working conditions, accident, negligence by you or by any third party;

(c) if you fail to use the goods in accordance with any user instructions;

(d) any alteration or repair by you or by a third party on your behalf; or

(e) any specification provided by you.

If the goods we supply to you are faulty, you must notify us of the defect within 7 days of the date of delivery, or (if later) as soon as reasonably possible after you become aware of the fault, and return the rejected goods to us in accordance with the provisions of clause 11. 

Subject to you complying with clause 7.3, we shall, at our option, repair or replace the defective goods, or refund the price of the defective goods in full.

Nothing in this clause 7 will affect your legal rights in respect of goods or services which are faulty or not as described.  

8.     YOUR RIGHTS TO END THE CONTRACT

Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any goods which have not been provided (such a refund will be without compensation). The reasons are:

(a) we have told you about an upcoming change to the product or these terms which you do not agree to;

(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(c) there is a risk that supply of the products may be significantly delayed because of events outside our control; 

(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or

(e) you have a legal right to end the contract because of something we have done wrong. 

Exercising your right to change your mind. 

(a) Have you bought services (e.g. graphic design services) from us by telephone, online, via email or in your home? If so, you have 14 days after the day we confirm to you that we accept your order to change your mind and receive a refund. However, once we have completed the services you cannot change your mind, even if the cancellation period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.

(b) Have you bought goods (for example, a physical item) from us by telephone, online, via email or in your home? If so, you have 14 days after the day you (or someone you nominate) receives the goods to change your mind and receive a refund.

9.     HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:  

(a) Phone. Call us on 01284 750123. Please provide your name, home address, details of the order and, where available, your phone number and email address. 

(b) Email. Email us at cs@kreativkinetics.co.uk.

(c) By Post. Write to us at 6 Ailwin Road, Bury St Edmunds, Suffolk, IP32 7DS. 

(d) Cancellation Form. Fill out the cancellation form (which can be found in the schedule at the end of these terms and conditions) and return it to us by post or email to the addresses above. 

Returning goods after ending the contract. If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us. You must return the goods in person (if collected) to us or, for goods that have been delivered to you, you must pay the full cost of returning them to us. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract. 

When we will pay the costs of return. We will pay the costs of return:

(a) if the products are faulty or misdescribed; or

(b) if you are ending the contract because we have told you of an upcoming change to the goods or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.   

How we will refund you.  We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

Deductions from refunds. If you are exercising your right to change your mind: 

(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. 

(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. 

(c) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

When your refund will be made. We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind then: 

(a) If the products are goods and we have not offered to collect them, your refund will be made within 30 days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us.

(b) In all other cases, your refund will be made within 30 days of your telling us you have changed your mind.

10.    OUR RIGHTS TO END THE CONTRACT

We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

(a) you do not make full payment to us with your order and you still do not make payment within 7 days of us reminding you that payment is due;

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods, for example, the delivery address; or

(c) you do not, within a reasonable time, allow us to deliver the goods to you or collect them from us.

You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for goods we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

11.    IF THERE IS A PROBLEM WITH THE GOODS

How to tell us about problems. If you have any questions or complaints about the product, please contact us. Please write to us in the first instance, either by email to cs@kreativkinetics.co.uk or by post to 6 Ailwin Road, Bury St Edmunds, Suffolk, IP32 7DS. 

Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person or deliver them back to us. We will pay the reasonable costs of postage or collection.

12.    PRICE AND PAYMENT

Where to find the price for the product. The price of the goods will be the price quoted to you or displayed on our website. 

VAT. Most of our goods are subject to VAT at the standard rate of 20%. We do not accept VAT exemptions on orders placed via our website, therefore if an order is on behalf of a charity or other organisation which seeks exemption from VAT, please contact us in writing in the first instance.  

How you must pay. We accept payment by debit/credit card (either over the telephone or via our website), bankers draft or by bank transfer. We cannot accept cheques, echeques, virtual currencies or foreign currencies.

When you must pay. You must pay for goods before we despatch them. Goods will only be sent once payment has cleared. 

13.    OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill.  

We are not liable for business losses. You are purchasing the products as a consumer. If you use the goods for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14.    HOW WE MAY USE YOUR PERSONAL INFORMATION

How we will use your personal information. We will use the personal information you provide to us:

(a) to supply the goods to you;

(b) to personalise any goods with the information you supply to us;

(c) to process your payment for the goods; and

(d) to provide any relevant third party information required to fulfil and/or supply you order (e.g. delivery company);

(e) if you have agreed, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.

We will only give your personal information to any other third parties where the law either requires or allows us to do so. 

15.    OTHER IMPORTANT INFORMATION

15.1  We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. 

15.2  You need our consent to transfer your rights to someone else.You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

15.3  We do not permit the sale or resale of our goods outside of the UK and any warranty does not apply to goods outside of the UK. 

Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 15.2 in respect of our guarantee. 

If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the goods, we can still require you to make the payment at a later date.

Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

16.    INTELLECTUAL PROPERTY & DESIGN RIGHTS

All images (with exception of stock images which are copyright of their owner), artwork and design completed for clients and/or displayed on our website is copyright Kreativ Kinetics Ltd and must not be reproduced in any manner without our express permission in writing. We reserve the right to use images supplied to us by our customers, any designs and/or goods we have produced for clients on our website as well as any printed literature we may produce now or in the future. Artwork, images and designs must not be shared with third parties, who may also become liable for copyright infringement.

SCHEDULE


CANCELLATION FORM

You may contact us to request a cancellation or return in writing using the details in Section 2 Information About Us and How to Contact Us” section of our Terms & Conditions. Alternatively, you may wish to request a cancellation by using the template given below, ensuring you complete the highlighted parts and delete any selections which are not applicable. As part of our ongoing quality and performance reviews, a reason for cancellation will enable us to continue to offer the best products & service. 

To: Kreativ Kinetics Ltd, 6 Ailwin Road, Bury St Edmunds, Suffolk, IP32 7DS

I: (state full name)__________________________________________________

give notice that I request to cancel my order for the following [goods]:  

_________________________________________________________________________________

Ordered on/received on:     _________________________

 

Full Name:     _______________________________________________

Address:        ______________________________________________________________

                       ______________________________________ Post Code:  ____________

 

 

Signature:        _________________________

 

Date:                _________________________

 

Once you have completed this form, please send it by post to:
Kreativ Kinetics Ltd, 6 Ailwin Road, Bury St Edmunds, Suffolk, IP32 7DS.

You will also need to return your goods to enable us to process your refund.

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