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Kwerks Terms and Conditions

Seyden Limited, trading as Kwerks / Kwerks.co.uk (referred to as "we”, “us”, “our”) operates and owns this website (www.kwerks.co.uk). As a user of this website (referred to as “your”, “you”) you are consenting to and accepting the terms and conditions of use detailed below. Please read these terms and conditions carefully prior to using our site; we also recommend printing a copy of these terms and conditions for future reference.

GENERAL
We reserve the right to make changes to these terms and conditions at any time. Changes that are made take effect from the moment they are posted on this page. It is your responsibility to read the terms and conditions on each occasion you interact with our website. Your continued use of our website therefore indicates your acceptance to be bound by the most recent version of our terms and conditions. Should any of the Terms & Conditions be invalid or not legally enforceable then the other terms will not be affected.

REGISTRATION
Certain services provided by our website require registration; access to these services will require approved login details and a password. You warrant that the personal information you provide when you register on our site is accurate, true, up-to-date, and complete. You also agree not to impersonate any other person or entity; not to use any false name, false identity, or names that you are not permitted to use.

LIABILITY AND INDEMNITY
Whilst reasonable endeavours are used to verify the accuracy of any content or information we place on our website, we make no warranties, whether express or implied in relation to its accuracy. Our website is provided for use on an "as is" basis - without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the website, or any transaction that is conducted on our website. Information contained on our website may contain technical inaccuracies, typographical errors which we shall not be liable to you for. We take all reasonable measures to ensure the details of your order and payment are secure, however, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
To the fullest extent permissible under applicable law, we disclaim any warranties of any kind, either express or implied, in relation to our products. As a consumer, this does not affect your statutory rights.
 
We will not be liable for any business, financial, or economic loss nor for any consequential or indirect loss because of your use of our website, or use of products obtained from us, whether loss is incurred or suffered as a result of our negligence or otherwise. Nothing in these Terms and Conditions shall exclude or limit liability for death or personal injury arising from negligence.

LAW
These Terms and Conditions shall be governed by the laws of England and the exclusive jurisdiction of the courts of England.

INTELLECTUAL PROPERTY
By using our website, you acknowledge and agree that all trademarks, copyright, and intellectual property rights in all content available throughout our website shall remain vested to us, or our licensors. This content cannot be copied, used, licensed or sub-licensed without relevant express consent; and that the content within this website is made available for personal non-commercial use only, downloading such content solely for use of our website.

PRODUCT DESCRIPTION AND IMAGES
We take reasonable measures to ensure that product details, descriptions, prices, and delivery times on our website are correct. We try to ensure that our website is as up-to-date as possible; however product information given on our website at a particular time may not reflect the exact position at the moment an order is placed. Any dimensions stated in product descriptions are approximated; although we do try to make sure that they are as accurate as possible.

The actual colour of certain products may differ from the representations displayed on our website, the approximation of the colour represented can vary depending on the settings of the device you use to view our website. We are not obligated to sell at the listed prices if there has been an error made in listing the item, or where product information is out-of-date. We cannot confirm the actual price of a product until your order is accepted. If we are unable to contact you with regards to rectifying a pricing issue then we will treat the order as cancelled.
Please note that the inclusion of a product on our site, or its related delivery information does not offer a real-time representation of its availability in stock.

ORDERING
Orders for products shall be considered an offer to purchase made by you; that may be accepted subject to availability and accuracy of product detail. In the event of an error with product detail, or should a product not be available, then you will be made aware as soon as possible and given the option of a full refund. We reserve the right not not to accept an order for any reason.
For a contract to purchase items to be created between you and us, several steps are to be taken. These include:
  • Your order confirmation at the checkout process on our site.
  • Receipt of an order acknowledgment email containing the order details.
  • Product despatch confirmation email; confirming our acceptance of the order.
  • Your acceptance of the order delivery, completing the contract between us and you.
Please note that the risk of damage or loss of the product transfers from us to you upon acceptance of the delivery.

PRICING AND PAYMENTS
The price displayed in the product information on our website is the price you pay. The total purchase price for orders is displayed at the order confirmation stage. This price will be confirmed by email when the order is accepted. Payment for products must be made in full prior to the delivery being dispatched. Please note that we are unable to accept orders or payments from outside the UK.

As our website lists a large number of products it may be possible that, despite reasonable efforts, some of the products may be incorrectly priced. Should we discover an error in the price of products ordered, we will contact you to inform you of this error and provide the option of either cancelling the order or continuing with the purchase at the correct price. Should we be unable to contact you the order will be treated as cancelled and you will be notified in writing.

PROMOTIONAL VOUCHER CODES
We occasionally offer promotional codes for discounts and special offers on our website.  We reserve the right to amend or withdraw any of these discount code promotions at any time and without notice. We also reserve the right cancel/refuse orders or reject promotion codes where we consider them invalid, out-of-date or fraudulent. All offers are subject to product availability. Only one code can be used per customer, it cannot be combined with any other discount, or applied to a special offer product.

DELIVERY
Although the delivery times detailed in the product descriptions are estimates, we will endeavour to deliver within the times they state. If an order consists of more than one item, and the items with differing delivery times, then the delivery time for the entire order is deemed to be that of the longest time associated with the items ordered. If an agreed delivery date cannot be met, we will notify you and provide the option of agreeing to a new delivery date or a refund.

Although we take all reasonable endeavours to ensure that the estimated delivery times are met, we will not be liable for any costs, losses, expenses, or damages incurred by you or any third party as a result of failure to meet these delivery times.
We are only able to deliver to the address specified at the time of order. This address must be the same as your billing address, where the card you made purchase on is registered. This is a fraud prevention measure; and as a result, we are unable to offer separate addresses for delivery and billing purposes. You should ensure necessary measures are made to receive delivery of the products.
We offer free delivery on all items on our website. This free delivery promotion is dependent on the geographical location of the specified delivery address. We are only able to deliver to mainland UK addresses; for example, we cannot deliver to Northern Ireland, Scottish Highlands, or any UK Islands. We recommend that you contact us, prior to placing an order, to confirm whether your postcode is included in our list of free delivery areas. We reserve the right to discontinue a free delivery promotion at any time without prior notice and/or to cancel any orders due to the delivery address details.

Please note that the delivery of an order shall be completed when delivery of the products is accepted. The risk and responsibility in the products will be passed on to you from that time.

CANCELLATION
Your right to cancel your order starts from when you place the order, and ends 14 days after you receive delivery of the order. Should your order consist of multiple items arriving in separate deliveries, the cancellation period ends 14 days from receipt of the final item. We must be informed of your intention to cancel the order within this time. If you fail to notify us, you shall be considered to have accepted the order.
After we have received your intention to cancel, you have 14 days to return the products to us. Please note that you have a statutory duty to take reasonable care of products whilst in your possession and until we receive them. You will be refunded in full for the cost of all returned items; this does not include the cost of the return postage as items are returned at your expense. You will be refunded within 14 days of us receiving the items back in suitable condition. We are entitled to make deductions should the value of the product be reduced as a result of being handled more than was necessary. A cancellation form is available on our website or on request.

Please note that certain products such as personalised, customised, or perishable items are excluded from your right to cancel. We reserve the right to cancel any order at any time and issue a full refund.

DAMAGE AND FAULTS
You should inspect all deliveries immediately upon receipt and inform us, by email, within 5 working days of any damages, faults or non-compliance with contract. We strongly recommend checking deliveries prior to signing for acceptance; this allows you to leave detail on the consignment note that the product is damaged. If you fail to notify us in time of any damages; your claim may be invalidated and you shall be considered to have accepted the order. Should a claim for damage be made, the products must be returned by to us by you. You will be entitled to a full refund or replacement as required.

RETURNS AND REFUNDS
Please contact us to arrange any returns. All returns require a returns number in order to process the return efficiently. All returned items must clearly show the returns number, obtained from us, on the return packaging.

You should ensure that all products returned are done so in their original packaging and fully inclusive of any related items, such as instructions. You have a duty of care for the product whilst it is in your possession and until we receive it. Should any returned products be found to be damaged, and the damage is a result of your fault, then you will be liable for the cost of remedying the damage. Refunds can only be made to the credit/debit card used for the original purchase. Unless we have sent you the wrong item, the item is found defective, or the item is not as described, then you are responsible for the cost of returning the item to us.

FORCE MAJUERE / EVENTS BEYOND OUR CONTROL
We will not be liable or responsible in any amount for failure to perform or delay in performance of any obligation under contract that is caused by an event outside our control. This includes, without limitation, strikes, riot, industrial action, invasion, war, fire, explosion, natural disaster, failure of communication networks or impossibility of the use of transport. Should an event outside our control occur, and it subsequently affects our performance under contract then we will contact you as soon as reasonably possible to inform you that our duties under contract will be suspended and the time for undertaking our responsibilities will be extended until the event outside our control has ceased.

AGE RESTRICTION
You may only purchase from our site if you are at least 18 years old. Some of our products can only be purchased if you satisfy a legal age requirement and we are not allowed, by law, to supply these products if you do not. By placing an order on our site, you declare that you are 18 years of age or older. Should we discover that you are not legally entitled to order certain products, then we are entitled to cancel the order immediately and without notice.

OUR RIGHTS
We reserve the right to adjust the price or description of any product available on our website. We reserve the right to remove any product from our website at any time and will not be liable to anyone for removing it. We will not be liable to anyone for declining to process an order.

WAIVER
If you breach these Terms and Conditions and we decide not to exercise or enforce any right available under these Terms and Conditions. This shall not be construed as a waiver of any other breach of these terms and conditions.

Seyden Limited is Private Limited Company registered in England under Company Number 10718559. The registered office address is 13 Throstle Mount, Luddendenfoot, Halifax, England, HX2 6BN. PLEASE NOTE: This address is the registered company address only, it is not designated to accept order returns; nor is it the physical location of any store front, public office or product collection point. Any unarranged returns sent to this address will be refused; resulting in an extended process of problem resolution and/or refund.

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Contact Us Tel: 01422 752 852
Email: hello@kwerks.co.uk
Copyright © 2019 kwerks.co.uk. All Rights Reserved.
Kwerks is a trading name of Seyden Limited.