Everdure by Heston Terms & Conditions
- This site is operated by KETTLER (GB) Limited, Merse Road, North Moons Moat, Redditch. Worcestershire B98 9HL who are the official UK & Ireland distributors of Everdure by Heston Blumenthal BBQs. You can telephone us on 01527 591901, fax us on 01527 62423 or email us on [email protected] We are registered in England and Wales under company number GB 488 0092 27.
- The content of and copyright (including other intellectual property rights in all text, images, sounds and other materials) in the site are owned by us. No reproduction of any part of this site may be sold or distributed for commercial gain or modified or incorporated into any other work, publication or site.
- We will not be liable if for any reason our site is unavailable at any time or for any period.
- All reasonable efforts have been made to ensure the information contained on this site is correct. However, we cannot guarantee this is the case and we shall not be liable for any inaccuracies. We may change the specification or modify the design of products without prior warning. Prices shown are for guide purposes only and may vary in-store and other online websites.
- You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
- You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it. For products we sell direct online, the following conditions also apply:
- Definitions – In these conditions, unless the context requires otherwise:
8.1. “Buyer” means the person who buys or agrees to the buy the goods from the seller;
8.2. “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;
8.3. “Delivery Date” means the dates specified by the Seller when the goods are to be delivered;
8.4. “Goods” means the articles which the buyer agrees to buy from the Seller;
8.5. “Price” means the price for the goods including carriage, packing, insurance and VAT where applicable; and
8.6. “Seller” means Kettler GB Limited.
- Conditions Applicable
9.1. These Conditions shall apply to all contracts for the sale of goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.
9.2. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
9.3. Placing an order for Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
9.4. Any variations to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
9.5. These terms and conditions apply to all supplies made by the Seller to the Buyer named on any instruction to purchase the Goods from our website, catalogue, shop, by post, telephone, in person or on line.
- Price and Payment
10.1. The Price shall be the Seller’s quoted Price. The Price is shown both inclusive and exclusive of VAT which shall be due at the rate ruling on the date of the Seller’s invoice.
10.2. The Seller reserves its right to change and vary its stated Price.
10.3. To enable the Buyer’s order to be accepted, payment in full including any carriage charges must be received by the Seller. The Seller shall not be required to process the order until payment is made.
10.4 Online payments will be taken by Secure Trading Limited. You will receive an email confirmation as well as payment confirmation. Please ensure you register the address where your card is registered and if using a different delivery address list this as delivery only or your payment will not be authorised.
10.5 Any items discounted on the website cannot be combined with any other promotion or discount.
11.1. The site is provided by the Seller on an “as is” and “as available” basis. The Seller makes no representations or warranties of any kind, expressed or implied as to the operation of the site or the information, content, materials or products included on this site.
11.2. If the Seller is out of stock of any of the products ordered, the Seller gives you the option to retain the goods on back order or to accept an alternative or to be refunded for the price paid within 30 days.
11.3 The Seller only supply to the UK.
11.4 For further assistance, please contact the Seller on 01527 591901 and choose the product category required.
- Warranties and Liability
12.1. The Seller warrants that the Goods supplied will at the time of delivery correspond with the description given by the Seller. All other warranties, conditions or terms relating to fitness for the purpose, quality or condition of the goods, whether expressed or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law.
12.2. The Seller will not be liable for any damages of any kind arising from the use of this site including but not limited to direct, indirect, incidental, primitive and consequential damages.
12.3. The Seller attempts to be accurate as possible. However the Seller does not warrant that the product description or other content of the site is accurate, complete, reliable, current or error free. If a product offered by the Seller itself is not as described, your sole remedy is to return it in unused condition.
12.4. Delivery of the Goods – Delivery of the Goods shall be made to your address on the delivery date. The Goods may be delivered in advance of the delivery date on the giving of reasonable notice to you. You shall make arrangements to take delivery of the Goods whenever they are tendered for delivery.
- Acceptance of the Goods
13.1. The Buyer agrees to the delivery information set out by the Seller.
13.2 The Seller aims to despatch orders within 7 working days. Deliveries vary according to product size and weight. The Buyer will not be contacted to make arrangements for delivery. A signature will be required for deliveries made by courier (and will not be left without one) but not Royal Mail.
13.2. The Buyer will sign for the Goods on delivery or collection.
13.3. The Buyer shall be deemed to have accepted the Goods twenty four hours after delivery to the Buyer.
13.4. After acceptance the Buyer shall not be entitled to reject goods which were not in accordance with the contract.
- Title and Risk
14.1. Title shall pass on delivery of the Goods.
14.2. Risk shall pass on delivery of the Goods.
- Remedies of the Buyer
15.1. Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the contract of sale.
15.2. Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods.
15.3. The Seller shall not be liable to the Buyer for late or short delivery of the Goods.
The Seller may cancel this contract at any time before the Goods are delivered by giving written notice. On giving such notice the Seller shall promptly repay to the Buyer any sums in respect of the price. The Seller shall not be liable for any loss or damage whatever arising from such cancellation.
- Returns Policy
The returns terms and conditions are stipulated on the warranty card provided with the product/s and should be referred to before making a returns claim.
- Content, Design and Reproduction
The whole content of our website, catalogues and special offers are considered property of the Seller. Reproduction of any part or whole is prohibited.
- Electronic Communications
When you visit the Seller’s website or send e-mails to the Seller, you are communicating with the Seller electronically. You consent to receive communications from the Seller electronically. The Seller will communicate with you by e-mail or posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Licence and Site Access
The Seller grants you a limited licence to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with expressed written consent of the Seller. This licence does not include any resale or commercial use of this site or its contents; any collection or use of any product listings, descriptions or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copies, sold, resold, visited or otherwise exploited for any commercial purpose without expressed written consent of the Seller. You may not frame or utilise framing techniques to enclose any trademark, logo or other propriety information (including images, text, pages layout or form) of the Seller and the Seller’s affiliates without expressed written consent. You may not use any meta tags or any other “hidden text” utilising the Seller’s name or trademarks without the expressed written consent of the Seller. Any unauthorised use terminates the permission or licence granted by the Seller. You are granted a limited revocable and no exclusive right to create a hyperlink to the home page of the Seller so long as the link does not portray the Seller, its affiliates or the products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use the Seller’s logo or propriety graphic or trademark as part of the link without expressed written permission.
- Third Party Rights
A person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Acts 1999 to enforce any term of this agreement. This does not affect any right of remedy of a third party which exists or is available apart from that Act.
- Corporate Law of Contract
This contract is subject to the Law of England and Wales.