Definitions
In these Terms and Conditions, the words and expressions below have the following meanings:-
- "Krüshr" "we", "us", "our" means Krushr Plc, Registered Office 30 South Street Bourne Lincolnshire, United Kingdom, Company Number 05920288
- "you" "your" means you, the customer
- Website means Krushr.com or any other domain operated by us
- "Distance Selling" means orders made exclusively via our Website, e-mail or telephone
- "product" means any item for sale on the Website.
Placing your Order
Before placing your order it is your responsibility to check the details of the order you place with us are correct, for example measurements and dimensions and that the product(s) is/are suitable to your requirements. Your order will only become binding when we have accepted it. You may place an order by following the on-screen instructions taking you through the process. By pressing "Checkout" from the Shopping cart page you offer to buy the products at the prices indicated as well as any applicable delivery charges. We will notify you by email as soon as reasonably possible to confirm that we have received your order. This email is merely an acknowledgement of your order and not an acceptance or confirmation of your order by Krüshr. Please note that acceptance of your order will only take place on dispatch of the products unless we have notified you that we do not accept your order or you have cancelled it prior to our acceptance. Once we have accepted your order it becomes binding, subject to your rights of cancellation. Non-acceptance of an order by us will occur if we identify a product description or pricing error, or the product is out of stock or unavailable or we are unable to obtain authorisation for your payment from your card issuer. During the checkout process you will be asked to complete your payment details. You must complete all compulsory fields. We will collect and store your information using an encrypted secure payment mechanism and will only use your information in accordance with our Privacy and Security Policy. All card payments are subject to authorisation by your card issuer. Payment is taken when we accept your order shortly before dispatch. If your payment is not received and you have already received the products from us, you must pay for these products or return them to us in the same condition that you received them in at your own expense. You must return the items within 30 days of the date on which we cancel your order failing which we may arrange collection of the products at your expense. We reserve the right to charge you for any damage to (or other adverse interference with) any products that remain the subject of an unpaid order. All products remain the property of Krüshr until full payment has been received from you for those products. If we are unable to supply you with the product or service you have ordered, we will not process your order. We will notify you of this by email and, if you have already paid for the product, or service, we will refund you in full as soon as reasonably possible. To be eligible to purchase products through this Website and lawfully enter into and form contracts with us under English Law you must be over 18 years of age, provide us with your real name, email address, telephone number and valid delivery address in the United Kingdom. Your method of payment must be acceptable to us and you must possess a valid credit or debit card issued by a bank acceptable to us. We may assign, transfer or sub-contract any of our rights or obligations under these Terms and Conditions of Sale to any third party at our discretion. Krüshr may at their discretion accept an order for delivery to locations outside the UK subject to customs, legal, regulatory and practical restrictions. Any order accepted will incur additional delivery charges. If an order is placed from outside the UK and accepted it is your responsibility to comply with local laws applicable.
Returns and Cancellations
You have the right to cancel your order within 7 days following delivery. Products purchased through this Website must be returned at your expense by post to Krüshr Plc, Glen Dimplex Home Appliances NDC, Eastern Rise, Off Stanley Matthews Way, Trentham Lakes, Stoke - On - Trent, ST4 8WG. Once we have received the products you wish to return to us, a refund for the agreed amount will be credited to the original method of payment. Please allow 14 days from our receipt of the products for this process to be completed.
Your rights under the Distance Selling Regulations
You must inform us within 7 days commencing from the date after receipt of the products that you wish to return them.
Delivery
Provided your products are in stock, we aim to deliver your order quickly and reliably. Our orders are usually dispatched within 7 working days of acceptance of your order. However we cannot at any time during the order stage guarantee delivery times. Any delivery dates specified are estimates only and time for delivery shall not be made of the essence. We offer a Standard Delivery service only as most appliances require a two man delivery team
Standard Delivery service
- For orders delivered to Mainland UK and Northern Ireland (Post codes are required without exception) our delivery charges are £45 plus Vat
We carry the risk of loss or damage to the Products until you receive them and we have been paid in full. Thereafter the Products belong to you. If you return the Products to us for any reason, they will become our property and be at our risk from the time we receive them. Krüshr may at their discretion accept an order for delivery to locations outside the UK subject to customs, legal, regulatory and practical restrictions. Any order accepted will incur additional delivery charges. If an order is placed from outside the UK and accepted it is your responsibility to comply with local laws applicable.
Product descriptions
We have taken reasonable precaution to try to ensure that all products quoted on the Website are fairly described and accurately priced. Orders will only be accepted if there is no material error in either the description of the goods or services or their prices as advertised on this Website. Please note that whilst we try to display the colours of the products accurately, the products you see will depend on your monitor and we cannot guarantee that your monitor will accurately reflect the true colours of the product on delivery. Please note that in the event of an error being identified, subject to your statutory rights, non acceptance of your order by Krüshr may occur.
Prices, Payment and VAT
All prices are in correct at the time of entering but may change due to circumstances beyond our control such as variations to the rate of VAT or inadvertent clerical error. VAT is included in our pricing. In the case of orders made by Companies in the EU but outside the UK or to non-EU countries by individuals VAT will not be applicable unless 'the enjoyment' of the Products are in the UK. In order to process these orders, manual intervention will have to take place by Customer Services in order to provide a credit for the VAT charged. In order to receive the credit a valid EU VAT number will be required by EU companies. Delivery charges are additional. All of our Products are priced in Pounds Sterling (GBP). We accept payment by credit or debit card provided this belongs to you and is registered to you at your address. All credit/debit card holders are subject to validation checks and are authorised by the card issuer. If for whatever reason your card is not authorised by the card issuer we will not be liable for any delay or non-delivery.
About this Website
This Website is owned and operated by Krüshr Plc and the contents displayed on this website are solely for the purposes of promoting Krüshr's products and services available in the UK. You must only use this website for lawful purposes and cannot use it in any way that infringes the rights of any other person or in a way which restricts or inhibits anyone else's enjoyment of the Website. Any information which you download and print must be used solely for your own purposes use and you may not without our prior written consent
- Copy, reproduce, use or otherwise deal with any content on the Website
- Modify distribute or re-post any content on the website for any purpose
- Reproduce, crawl, frame, link to or deep-link into this Website on or from any other websites
- Use the content of the Website for any commercial exploitation whatsoever
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of this Website and the purchase of Products from Krüshr. If any provision in these Terms and Conditions is held to be illegal, invalid or unenforceable in whole or in part then these Terms and Conditions shall continue to be valid as to the other provisions and the remainder of the affected provision. Any waiver of these Terms and Conditions by Krüshr shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other Terms and Conditions. We may for whatever reason refuse to supply goods to any person and may withdraw products from the Website at any time without being liable to you or any third party by reason of such refusal, withdrawal of products or for the removing or editing content of products on the Website. Our total liability for any claim whatsoever howsoever arising shall not exceed the total of the goods supplied including postage costs, neither shall we be liable for any consequential loss whether arising from a breach of duty in contract or in any other way. Your statutory rights are not affected by this statement.
Ownership of Rights
ALL RIGHTS RESERVED. All rights, including copyright, database rights, trademarks and other intellectual property rights, in all material and/or content of this Website including pictures designs photographs written text and logos are owned by or licensed to Krüshr. The copying reproduction modification or distribution of any of the material on this website is strictly prohibited.
Standard Terms and Conditions of Sale
1. Interpretation In these Conditions, unless the context requires otherwise:- 1.1 'You/Your' means the person whose order for the Work is accepted by Us; 1.2 'We/Us/Our' means Krushr plc (registered in England under number 05920288); 1.3 'Conditions' means these standard terms and conditions of sale; 1.4 'Contract' means any contract between You and Us for supply of the Work; 1.5 'Goods' means the goods supplied to You by Us or any products and/or materials which are utilised in the Services and in which title is intended to pass to You once the Services have been completed; 1.6 'Intellectual Property Rights/IPR' means without limitation all patents, copyright, database rights, design rights (registered and unregistered), trademarks (registered and unregistered) skill and/or know-how and other similar rights, whether existing now and/or in the future, wherever existing in the world together with the right to apply for protection of the same; 1.7 'Liability' means liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities; 1.8 'Services' means the services to be performed for You by Us; 1.9 'Work' means the Goods and/or the Services as the context requires;
2. Basis of Sale 2.1 These Conditions shall govern the Contract to the exclusion of any other terms and conditions and supersede and replace all previous terms and conditions. 2.2 No variation to these Conditions or representations are binding on Us unless confirmed in writing by one of Our Directors. You acknowledge that You do not rely on any addition, variation and/or representation which has not been so confirmed.
3. Orders and Specifications 3.1 Quotations are not binding, are estimates only and are valid for 30 days and may be amended or withdrawn by Us at any time. We are not bound until an order has been placed by You in writing, and accepted by Us on Our order acceptance form or via email on the back of an internet order 3.2 Performance figures quoted by Us are estimates only and We accept no liability for failure to attain any quoted performance figures unless We specifically guarantee them in writing. 3.3 You are responsible for ensuring that any order (including any specification) is accurate and adequate and We have all information required to perform the Contract. Any corrections by You after acceptance of any order will be carried out at Your cost. 3.4 We may make any changes in the specification of the Work which are required to conform with any applicable statutory requirements or which do not materially affect its quality or performance. 3.5 You may not cancel this Contract except with the written consent of one of Our Directors.
4. Specific Price of the Works (non-Internet business) 4.1 The price for the Work shall be as quoted to You on acceptance of the order. 4.2 The price is Ex-Works Incoterms 2000 and exclusive of any applicable VAT unless otherwise stated. You are additionally liable to pay to Us any costs for transport, packaging and insurance and any applicable VAT. 4.3 We may render an additional administration charge for any delivery of a small value (as determined by Us). 4.4 We may alter prices at any time by giving You notice, and without prejudice to the generality of this, We may increase the price to reflect any increase in cost to Us due to any factor beyond Our reasonable control (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the cost of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Work which You request, or any delay caused by any of Your instructions or Your failure to give Us adequate information or instructions.
5. Terms of Payment (non-credit card business) 5.1 We may invoice You for the price of the Work at any time following Our acceptance of Your order. 5.2 Payment must be made in sterling in cash prior to Us making or despatching the Goods and/or prior to Us commencing performance of the Services unless You have a credit account with Us when payment is due within 30 days from delivery of the Work. Time for payment is of the essence. 5.3 If You fail to make payment when due then, without prejudice to Our other rights or remedies: 5.3.1 We may charge You any reasonable administration costs and/or interest (both before or after judgment), on the amount unpaid at a rate of 4% above Bank of England base rate from time to time, compounded with monthly rests; 5.3.2 We may appropriate any payment made by You to such of the Work (or the goods and/or services supplied under any other contract between You and Us) as We think fit (notwithstanding any purported appropriation by You); 5.3.3 We may enter, without prior notice, any of Your premises (or premises of third parties with their consent) where Goods owned by Us may be and repossess and dispose of or sell any of Our Goods found on account of any sums due to Us under this Contract or any other agreement with You; 5.3.4 You shall not re-sell or part with the possession of any of Our Goods; 5.3.5 We may withhold or suspend any current and future provision of the Work and stop any Goods in transit; 5.3.6 We may cancel, terminate and/or suspend without Liability to You any contract with You; 5.3.7 We may suspend or cancel Your credit facilities; and/or 5.3.8 all monies owed by You to Us shall forthwith become due and payable. 5.4 You shall pay all sums due without any set-off, deduction, counterclaim and/or any other withholding of monies. 5.5 If any Work is cancelled or this Contract terminated, We shall be entitled to be paid for the Services on a quantum meruit basis and for the Goods, for that part of the work carried out up to such cancellation or termination, and such monies shall be immediately due for payment on receipt by You of an invoice.
6. Delivery 6.1 Times for delivery are approximate only. We are not liable for any delay in delivery of the goods howsoever caused. Time for delivery is not of the essence. If delay in despatch or delivery is due to any cause beyond Our reasonable control then We shall have the option upon reasonable notice to terminate any agreement between You and Us without Liability to You. 6.2 Where Work is delivered in instalments, each instalment shall constitute a separate contract and failure by Us to deliver any one or more instalment or any claim by You in respect of any one or more instalment shall not entitle You to treat this Contract as a whole as repudiated. Each instalment may be invoiced separately. 6.3 If We fail to deliver the Work (or any instalment) for any reason other than any cause beyond Our reasonable control or Your fault, Our Liability shall be limited to the lesser of the cost to You (in the cheapest available market) of obtaining work similar to the Work or the price of the Work. 6.4 If You refuse and/or fail to take delivery of the Work or fail to give Us adequate delivery instructions then without prejudice to any other right or remedy available to Us, We may:- 6.5.1 dispose of and/or store, at Our discretion and Your cost, the relevant Goods; 6.5.2 withhold delivery and/or performance of any other work; and/or 6.5.3 treat this Contract as repudiated by You.
7. Risk and Property 7.1 Risk of damage to or loss of the Goods shall pass to You on delivery, or if You fail to take delivery, at the time when We tendered delivery of the Goods. 7.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, title in the Goods shall not pass to You until We have received in cash or cleared funds payment in full of all sums due and/or owing for all Work supplied to You by Us under this Contract or any other agreement between You and Us. 7.3 Until title in the Goods has passed to You, You shall: 7.3.1 keep the Goods separate from Yours and any third parties? goods and properly stored, protected and identified as Our property; 7.3.2 allow Our representatives, employees and/or agents to enter Your premises at any time to check compliance with this clause; 7.3.3 keep the Goods insured for their value against all insurable normal risks; 7.3.4 procure that Our interest is noted on such policy of insurance; 7.3.5 account to Us for the proceeds of such policy of insurance upon receipt of the same; 7.3.6 not pledge or in any way charge by way of security for any indebtedness any of the Goods.
8. Intellectual Property and Confidentiality 8.1 All IPR in the Goods, their packaging and/or arising from the Services shall be owned by Us absolutely. 8.2 All IPR in any information and/or material supplied by You to Us shall be owned by You or Your licensor absolutely and You shall be responsible for ensuring that We are duly licensed to use the same to provide the Work. 8.3 We shall be free to utilise for the benefit of Our other customers any skill and/or know-how that We may develop or acquire in the provision of the Work. 8.4 You will keep confidential and not use except for purposes contemplated by this Contract, all information relating to the Work and all confidential business information, which may be disclosed to You or which You may learn except where such information is public knowledge through no breach of these Conditions or is required to be disclosed by law.
9. Default 9.1 If You:- 9.1.1 fail to make any payment to Us when due; 9.1.2 breach the terms of this Contract and, if the breach is capable of remedy, You have not remedied the breach within 14 days of receiving notice requiring the breach to be remedied; 9.1.3 persistently breach any one or more terms of this Contract; 9.1.4 cease or threaten to cease to carry on business, or You or any other person take any step (including without limitation, the making of an application or the giving of any notice) to appoint a liquidator, trustee, receiver, administrator, administrative receiver or other similar officer to You or any part of Your undertaking or assets, or takes or suffers any similar action in any jurisdiction; and/or 9.1.5 appear reasonably to Us to be about to suffer any of the above events; 9.1.6 then, without prejudice to any other remedies: 9.1.7 We may enter, without prior notice, any of Your premises (or premises of third parties with their consent) where Goods owned by Us may be and repossess and dispose of or sell any of Our Goods on account of any sums due to Us under this Contract or any other agreement with You; 9.1.8 You shall not re-sell or part with the possession of any Goods owned by Us. 9.1.9 We may withhold or suspend any current and future provision of the Work and stop any Goods in transit; 9.1.10 We may cancel, terminate and/or suspend without Liability to You any contract with You; 9.1.11 We may suspend or cancel Your credit facilities; and/or 9.1.12 all monies owed by You to Us shall forthwith become due and payable.
10. Refunds and Replacements 10.1 We warrant that the Work will correspond with its specification at the time of delivery to You and will be free from defects in material and workmanship for a period of 12 months from the date of delivery to You. 10.2 Any claim by You which is based on any defect in the quality of the Work or a failure to correspond with specifications or shortage of delivery shall be notified to Us within 3 days from the date of delivery or (where a defect or failure or shortage was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. 10.3 Any claim by You shall be notified to Us on Our warranty claim form and must specify a valid serial number. 10.4 Where any valid claim is notified to Us in accordance with these Conditions, We shall replace and/or re-perform the Work (or the part in question) free of charge or, at Our sole discretion, refund the price of the Work (or a proportionate part of that price). 10.5 The above warranty does not extend to parts, materials or equipment not manufactured by Us in respect of which You shall only be entitled to the benefit of such warranty or guarantee as is given by the manufacturer to Us.
11. Liability 11.1 We shall have no Liability: 11.1.1 for defective Work: 11.1.1.1 where the defect arises from any specification, information and/or instructions supplied by You, to the extent so contributed; 11.1.1.2 unless the event is notified to Us pursuant to clause 10.2; and 11.1.1.3 which is not, where practicable returned to Us and/or made available for inspection. 11.1.2 for Goods not despatched or Goods damaged or lost in transit unless the event is notified to Us within 3 working days of delivery, or in the event of total non-delivery, within 28 working days of the due date for delivery; 11.1.3 if We are not given reasonable opportunity to remedy any matter for which We may be liable before You incur any costs and/or expenses in remedying the matter Yourself; 11.1.4 if the full amount payable for the Work has not been paid when due; 11.1.5 for any matters which are outside Our reasonable control and/or caused or contributed to by You; and 11.1.6 for any: 11.1.6.1 consequential losses; 11.1.6.2 expenses, loss of profits and/or damage to goodwill; 11.1.6.3 economic and/or other similar losses; 11.1.6.4 special, aggravated and/or punitive damages and indirect losses; and/or 11.1.6.5 business interruption, loss of business, savings, contracts, opportunity and/or production. 11.2 Except for the cap on Our total Liability in Clause 11.3 which covers all the said types of Liability set out below, each of the limitations and/or exclusions in this Contract shall be deemed to be repeated and apply as a separate provision for each of: 11.2.1 Liability in contract (including fundamental breach); 11.2.2 Liability in tort (including negligence); 11.2.3 Liability for breach of statutory duty; and 11.2.4 Liability for breach of Common Law. 11.3 Our total Liability to You in relation to any event or series of events shall not exceed the price of the Work 11.4 Nothing in this Contract shall exclude or limit Our Liability for death or personal injury due to its negligence or any Liability which is due to Our fraud or any other Liability which We are not permitted to exclude or limit as a matter of law.
12. Export by You- Terms 12.1 In these Conditions “Incoterms 2000” means the international rules for the interpretation of trade terms of the International Chamber of Commerce 2000 edition, and Incoterms 2000 form part of these Conditions. Unless the context otherwise requires any term or expression which is defined or given particular meaning by the provisions of Incoterms 2000 shall have the same meaning in these Conditions, but if there is any conflict between the provisions of Incoterms and these Conditions the latter shall prevail 12.2 Where the Goods are supplied by YOU outside the United Kingdom, the provisions of this clause 12 shall apply in relation to warranty. 12.3 You are responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties thereon. 12.4 The Goods shall be delivered „Ex Works Incoterms 2000?. If any other place of delivery is agreed by Us, We are under no obligation to give notice under Section 32(3) of the Sale of Goods Act 1979 (as amended). 12.5 You are responsible for arranging for testing and inspection of the Work at Our premises before shipment. We shall have no liability for any claim: 12.5.1 in respect of any defect in the Goods which would be apparent on inspection and which is notified to Us after shipment, or in respect of damage during transit; or 12.5.2 which is not notified to Us on Our warranty claim form, specifying a valid serial number. 12.5.3 The warranty and provisions of clause 10 shall apply, except that the warranty shall be valid for a period of 6 months from the date of delivery to You. 12.6 You undertake not to offer the Goods for resale in any country other than a country agreed in writing by Us or to any other person if You know or have reason to believe that that person intends to sell the goods in any such country.
13. General 13.1 No waiver by Us of any breach of the Contract by You shall be considered as a waiver of any subsequent breach of the same or any other provision. 13.2 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby. 13.3 You shall not assign Your interest in the Contract (or any part) without Our prior written consent. 13.4 All third party rights are excluded and no third party shall have any right to enforce this Contract. This shall not apply to members of Our group from time to time who shall, subject to Our consent, have the right to enforce this Contract as if they were Us. 13.5 If any dispute arises under or in relation to this Contract (except disputes relating to payment of monies) the parties shall first meet to seek to resolve the dispute. If they are unable to resolve it within 14 days of the dispute arising they shall refer the dispute to a Mediator either agreed between the parties or appointed by the Centre for Effective Dispute Resolution, provided that this clause shall not preclude either party from seeking any immediate remedy from the Court to protect any rights reasonably considered to have been infringed. 13.6 The Contract is governed by the laws of England and You agree to submit to the non-exclusive jurisdiction of the English courts.
