| This Agreement is made by and between the owner of this site, Kings
(Office Solutions) Limited, a company duly organised and existing
under the laws of United Kingdom. ("KOS") and the User
of this site. ("CUSTOMER").
Our address for all communications is as
follows:
Kings (Office Solutions) Ltd
Station House
Stamford New Road
Altrincham
Cheshire WA14 1EP
T: 0161 924 2232
F: 0161 928 2722
Registered in England No. 05105359
VAT Registration No. 841 3796 14
1. Service
This site is provided to CUSTOMER for informational purposes and
as a way for the CUSTOMER to order equipment and services offered
by KOS ('the Service').
CUSTOMER agrees that KOS shall have the
right at any time and without prior notice to; change these terms
& conditions; make modifications, alterations and updates to
the site; discontinue any product, feature or service of the site
and change any charges related to the use of the site.
By using the site or downloading materials
from the site, CUSTOMER agrees to abide by the terms and conditions
set forth in this Agreement.
CUSTOMER accepts the responsibility to review
these terms & conditions when using the site, and the continued
use of this Site shall be deemed an acceptance and agreement to
be bound by such modifications, alterations or updates.
2. Registration
CUSTOMER agrees to provide true, accurate and complete information
about CUSTOMER on the registration or order form, and update this
information as necessary to ensure its accuracy.
KOS has no duty or obligation to verify
the identity of a CUSTOMER and may assume, without independent investigation,
that any person who logs on to this Site using a CUSTOMERS ID and
Password does so with the consent and approval of the CUSTOMER.
CUSTOMER is responsible for maintaining the confidentiality of the
login ID and password and is responsible for all activity that occurs
under CUSTOMERS account.
When purchasing the Service described on
the Site, CUSTOMERS may be required to supply additional information,
including but not limited to credit card or other payment information,
personally identifying information (such as name, address, and telephone
number), and third parties' shipping information. CUSTOMER agrees
that all information that is provided to KOS will be accurate and
complete.
CUSTOMER agrees to pay all charges incurred
under CUSTOMERS account and credit card or other payment method
at the prices in effect when such charges are incurred. CUSTOMER
will also be responsible for paying any applicable taxes relating
to CUSTOMERS purchases.
When CUSTOMER submits orders for processing,
such information and materials will be treated in accordance with
this Agreement and additional terms and conditions governing the
processing and fulfilment of CUSTOMERS orders through the Site,
which will be displayed during the ordering process.
3. Pricing
KOS reserves the right to changesKOS reserve the right to display
the price exclusive of VAT. Where we charge separately for shipping
and other relevant charges, the appropriate rates are set out in
our specified pricing structure shown elsewhere on this Website
4. Order Acceptance
The receipt of an e-mail order receipt from KOS does not constitute
the acceptance of an order or a confirmation of an order to sell.
KOS reserves the right, without prior notification, to limit the
order quantity on any item and/or refuse service to any customer.
Verification of information may be required prior to the acceptance
of any order. No contract is formed between CUSTOMER and KOS until
KOS exercises the authorization to charge CUSTOMERS credit card
and begins to process the order.
Because this site is viewable internationally,
CUSTOMER accepts that not all products and services mentioned will
be available in CUSTOMERS country.
4.2 Our acceptance of an order takes place when we despatch the
order. We will send you a despatch confirmation by email. When we
despatch the order the purchase contract will be made even if your
payment has been processed immediately, unless we have notified
you that we do not accept your order or you have cancelled your
order.
4.3 We may refuse to accept an order:(a) where goods are not available;(b)
where we cannot obtain authorisation for your payment;(c) if there
has been a pricing or product description error; or(d) if you do
not meet any eligibility criteria set out in our terms and conditions.
5. Cancellation and Returns Policy
5.1 CUSTOMER may cancel their order at any time before the order
has been processed and/or dispatched. CUSTOMER must notify KOS as
soon as possible by fax on 0161 924 2233 of their intention to cancel
the order.
5.2 CUSTOMER may return goods for a full
refund, subject to the following conditions:
a) KOS must be notified by fax on 0161 924 2233 of the intent to
return within 7 calendar days of the date of the delivery.
b) The product must be unused and software unsealed.
c) The product must be complete with all original packaging, and
contents thereof, such as cables, software, documentation etc.
The costs of returning goods to us shall be borne by CUSTOMER.
D) Upon receipt KOS will inspect the goods and a re-stocking fee
may be applied, the appropriate refund or exchange will then be
made.
If KOS is not informed of any intent to return with the 7 day period,
the it will be presumed that the CUSTOMER has accepted the invoice
in full.
6. Code of Conduct
CUSTOMER acknowledges that CUSTOMER will not upload, submit or otherwise
transmit to the website, materials that are unlawful, threatening,
abusive, defamatory, obscene or which invade another person's
privacy or further the commission or concealment of a crime; CUSTOMER-provided
materials that are not lawfully its own to transmit; CUSTOMER-provided
materials that are the subject of, or which infringe upon, any patent,
trademark, trade name, trade secret, copyright, right of publicity,
moral right or other intellectual property right of a person or
entity; CUSTOMER-provided materials containing software viruses
or other harmful computer code; or CUSTOMER-provided materials that
in any way interfere with or disrupt the Service or any servers
or networks connected to the Service (any of the foregoing, 'Infringing
Materials').
CUSTOMER, confirms that CUSTOMER owns the
copyright or have permission to print or duplicate any material
submitted online for scanning or duplication, and agrees to indemnify
and hold KOS harmless from any suit demand, or claim made against
KOS by breach of this warranty and agree to pay any judgment or
reasonable settlement offer resulting from any such suit, demand
or claim, and to pay attorney's fees incurred by KOS in defending
against such suit, demand or claim.
While using the site, CUSTOMER agrees to
comply with all applicable laws, rules and regulations.
Verification of information may be required
prior to the acceptance by KOS of any order. Price and availability
of any product or services are subject to change without notice.
CUSTOMER agrees that use of such Service
is at CUSTOMERS own risk and that KOS's provision of advice,
assistance or guidance on this site does not constitute the acceptance
of any liability of KOS therefore. KOS provides CUSTOMER with a
limited space to store documents and CUSTOMER accepts that this
privilege can be removed without any notice.
If CUSTOMER has reason to believe that CUSTOMERS
account with KOS is no longer secure (for example, in the event
of a loss, theft or unauthorized disclosure or use of your login
ID or password), you must promptly change the password located in
the 'Track Order' section of the Site to minimize the potential
for unauthorized changes to or use of CUSTOMERS account or personal
information.
7. Ownership of Copyright
All content included on this site, such as graphics, logos, trademarks,
trade names, button icons, images, sounds software and other material
(collectively called the 'Content'), and the collection,
arrangement and assembly of the Content, is the worldwide property
of or licensed by KOS and is protected by U.K. and international
copyright laws.
The Content on all pages of the website
may not be used by CUSTOMER, or any other person or entity, or for
any other purpose. CUSTOMER does not receive any copyright rights
to the Content itself. No interest in the Content, whether in whole
or in part, may be sold, assigned, encumbered, licensed or otherwise
transferred by CUSTOMER or any third parties. Under no circumstances
is any Content 'works made for hire'.
The CUSTOMER does not have and shall not
acquire by use pursuant to this Agreement, any ownership or other
interest by or to the Content, except the right and license to use
the Content as authorized by KOS and in all circumstances subject
in all respect to the terms of this Agreement.
8. Trademarks
KingsDirect.co.uk and Kings Office Solutions are registered trademark
of KOS and are used by permission. All trademarks/trade names are
the property of their respective owners and are used by permission.
©2005, Kings (Office Solutions) Ltd. All rights reserved.
The CUSTOMER does not have and shall not
acquire by use pursuant to this Agreement, any ownership or other
interest by or to the Trademarks, except the right and license to
use the Trademarks as authorized by KOS and in all circumstances
subject in all respect to the terms of this Agreement.
9. Limitation of Liability
9.1 In no event will KOS or its affiliates, subsidiaries, suppliers
or service providers be liable for, nor make any adjustment, refund
or credit of any kind for, any loss, corruption, delay, misprint,
non-print, inclusion, omission, shipment, misdelivery, nondelivery,
misinformation, other direct or indirect damages, or failure to
provide duplication services or shipping services (any of the foregoing,
'Service Failure') to the extent caused by or resulting
from:
CUSTOMERS acts, defaults or omissions;
CUSTOMERS violation of any of the terms
and conditions contained in these Terms & Conditions, as amended
from time to time;
Viruses or other forms of harmful code that
are not detected or removed using KOS's standard virus-detection
procedures;
Criminal acts, public authorities acting
with actual or apparent authority, authority of law, local disputes,
civil commotions, war, national or local disruptions in electronic
and transportation networks, failures of Internet service providers,
weather phenomena, strikes, natural disasters, and disruption or
failure of communication and information systems;
Loss, corruption or irretrievability of,
or damage to, CUSTOMERS personal information, CUSTOMER-provided
materials or information regarding the Printed Products used or
stored by KOS;
CUSTOMERS failure to provide an accurate
shipping address or other information that CUSTOMER is asked to
provide in connection with the provision of services;
Acts, defaults or omissions of any person
or entity other than KOS, including KOS's compliance with verbal
or written instructions from the sender, recipient or persons claiming
to represent the shipper or recipient;
KOS's inability to provide a copy of
the delivery record or a copy of the signature obtained at delivery;
KOS's failure to provide a valid shipping
account number in good credit standing in the billing instructions
on shipping documentation;
KOS's failure to notify CUSTOMER of
any delay, loss or damage in connection with CUSTOMERS Printed Product
or shipment or any inaccuracy in such notice;
KOS's release of shipments without
obtaining a signature if a signature release is on file;
KOS's provision of advice, assistance
or guidance on this site does not constitute acceptance of liability;
or
If a shipment containing CUSTOMERS material
is refused by the recipient, or is damaged, the shipment will be
returned to CUSTOMER if possible. If CUSTOMER refuses to accept
the returned shipment or it cannot be returned because of damage,
CUSTOMER will be responsible for and will reimburse KOS for all
costs and fees of any type connected with the return shipment and
legal disposal of the shipment;
KOS DOES NOT GUARANTEE THE SHIPMENT, AND
DELIVERY SERVICES OFFERED ON THIS SITE. IN PARTICULAR, KOS DOES
NOT GUARANTEE THE TIMELY DELIVERY OF TIME-SENSITIVE PRODUCTS.
Subject to the limitations listed above,
KOS will provide a refund of shipping costs paid or will re-perform
scanning or duplication services if any products are lost, damaged,
not delivered, misdelivered or delivered late, to the extent caused
by KOS or its third-party shipper.
PLEASE NOTE THAT KOS DOES NOT PROVIDE INSURANCE
OF ANY KIND, NOR DO WE PERMIT YOU TO ASSIGN A DECLARED VALUE TO
ANY PRODUCT OR SERVICE, INCLUDING SHIPPING SERVICES.
9.2 At our option, we will either refund
or credit the charges CUSTOMER actually paid for the Services (including
shipping charges, if applicable) upon CUSTOMERS request if we fail
to properly provide the Services or the products or to properly
ship the products, subject to limitations described in Section entitled
"Limitations and Disclaimers". In order to qualify for
a refund or credit due to Service Failure, the following limitations
apply:
To obtain a refund or credit, at KOS's
option, for a Service Failure, CUSTOMER must notify KOS within fifteen
(15) days of the date of invoice. For any claim related to damage
of a printed product during shipping (if the shipping services are
provided through KOS, CUSTOMER must notify KOS in writing within
seven (7) days after delivery of such printed products.
In the case of a claim concerning any non-delivery,
misdelivery, late delivery, damaged shipment or other shipping-related
claim, CUSTOMER must retain all original shipping containers, packaging
and contents and make the foregoing items available for KOS's
inspection.
The right to damages against KOS under any
cause of action arising from or related to the provision of services
or printed products or shipment of any printed products shall be
extinguished unless an action is brought within on (1) year of the
date of order. KOS will send CUSTOMER refund to the billing address
in CUSTOMERS account.
A service failure will not be deemed to
have occurred if within 30 calendar days after CUSTOMER notifies
KOS, KOS provide CUSTOMER with:
a) Proof of timely delivery, consisting
of the date and time of delivery and name of the person who signed
for the shipment or signature release information;
Or
b) Service exception information reflecting
that the failure to timely deliver resulted from circumstances described
under 'Limitations and Disclaimers.'
KOS is not obligated to respond or provide
any credit or refund if CUSTOMER has not paid for services or shipping
costs, if applicable or when CUSTOMERS request is not received within
the time limits stated above.
KOS will use commercially reasonable efforts
to satisfy CUSTOMER claims, subject to the limitations set forth
in these Terms and Conditions.
Only one refund or credit is permitted per
package. In the case of multiple-package shipments, this return
policy will apply to every package in the shipment. If a service
failure occurs for any package within the shipment, a refund or
credit will be given only for the portion of the transportation
charges applicable to that package.
A refund or credit will not be given for
shipments delayed due to incorrect addresses or postal codes or
the unavailability or refusal of a person to accept delivery or
sign for the package or any of the causes described under 'Limitations
and Disclaimers.' In addition, for shipments to and from International
destinations, no refund or credit will be given if failure to timely
deliver is the result of tax authority or customs or other regulatory
delays.
This refund policy does not apply to undeliverable or returned shipments.
10. Links
This Site may contain links to sites that are owned, operated and
maintained by third parties, which are provided as a convenience
to CUSTOMER. These linked sites are not under the control of KOS,
and KOS is not responsible for the accuracy of the content on such
sites, or the privacy practices of such sites, KOS does not monitor
nor review the content of such sites, and CUSTOMER expressly understand
that CUSTOMERS access by link to such sites is at CUSTOMERS own
risk.
11. Privacy Policy
KOS acknowledges that CUSTOMER may provide personal data or other
information to its Site via the Internet. Although KOS will take
all reasonable steps to safeguard CUSTOMERS personal data or other
information, including but not limited to the use of secure server
software, such information is subject to interception or alteration
by third parties. KOS does not guarantee absolute confidentiality
or security. In addition, KOS may disclose part or all of CUSTOMERS
personal data, CUSTOMER-provided materials and printed products
as required by law, rule, regulation or court order.
12. Termination
KOS reserves the right to terminate CUSTOMERS use of the Site, or
any portion thereof, and/or CUSTOMERS identification and password
in its sole discretion with or without cause and without any reason
or advance notice. If CUSTOMER wishes to terminate CUSTOMERS account,
CUSTOMERS only recourse is to discontinue use of such account. Upon
termination of CUSTOMERS account, CUSTOMERS right to use the Site
immediately ceases.
13. Indemnification
CUSTOMER agrees to indemnify, defend and hold KOS, its officers,
directors, employees, agents and representatives harmless from and
against any and all claims, damages, losses, costs (including reasonable
attorneys' fees) or other expenses that arise directly or indirectly
out of or from (a) CUSTOMERS breach of this Agreement; (b) any allegation
that any materials that CUSTOMER submit to KOS infringe or otherwise
violate the copyright, trademark, trade secret or other intellectual
property or other rights of any third party; (c) CUSTOMER violation
of the Code of Conduct above; and/or (d) CUSTOMERS activities in
connection with the Site.
14. Applicable Law and jurisdiction
This site is operated and administered by KOS, located in Altrincham,
United Kingdom. As such, the laws of the UK will govern the terms
and conditions of this Agreement and any dispute arising therefrom.
This Agreement is not governed by the United
Nations Convention of Contracts for the International Sale of Goods,
the application of which is expressly excluded. If CUSTOMER accesses
this Site from a location outside of the United Kingdom, CUSTOMER
is responsible for compliance with all local laws. CUSTOMER agrees
that CUSTOMERS use of the Site does not violate any local law or
regulation in CUSTOMERS Country, and that you shall be responsible
for any such violation(s).
The UK Courts shall have the non-exclusive
jurisdiction over any dispute arising out of this Agreement. This
shall not prevent KOS from initiating legal proceedings against
the CUSTOMER in other competent jurisdictions.
15. Limitations and Disclaimer
15.1 THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS.
KOS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS
OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION
DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT
ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM,
OR INFORMATION SHALL BE AT YOUR SOLE RISK. KOS RESERVES THE RIGHT,
IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY
PORTION OF THE SITE. KOS MAY MAKE ANY OTHER CHANGES TO THE SITE,
THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF
ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE. THIS SITE,
THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE
AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY
REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT,
OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT
ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU.
15.2 IN NO EVENT SHALL KOS OR ANY OF ITS
SUBSIDIARIES BE LIABLE TO YOU OR TO ANY ENTITY FOR ANY DIRECT, INDIRECT,
SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION,
ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR
PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT
ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT,
MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN
IF KOS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NEITHER KOS NOR ANY OF ITS AFFILIATES, SUBSIDIARIES,
SUPPLIERS OR SERVICE PROVIDERS IN ANY EVENT BE LIABLE TO YOU OR
TO ANY PERSON OR ENTITY FOR ANY SPECIAL CONSEQUENTIAL, INCIDENTAL,
PUNITIVE OR OTHER INDIRECT DAMAGES UNDER ANY THEORY OF LAW FOR ANY
ERRORS; THE INFORMATION, CONTENT, SERVICES, PRODUCTS OR MATERIALS
ON THIS SITE; OR FOR THE PROVISION OR USE OF ANY INFORMATION, CONTENT,
SERVICES, PRODUCTS OR MATERIALS; FOR ANY NONDELIVERY, MISDELIVERY,
LATE DELIVERY, OR LOST OR DAMAGED SHIPMENTS OR FOR ANY OTHER REASON,
INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS,
DATA OR CUSTOMER-PROVIDED MATERIALS, EVEN IF YOU HAVE ADVISED KOS
OF THE POSSIBILITY OF SUCH DAMAGES.
NEITHER KOS NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, SUPPLIERS OR
SERVICE PROVIDERS WILL BE LIABLE FOR ANY DIRECT DAMAGES, NOR SHALL
ANY ADJUSTMENT, REFUND OR CREDIT OF ANY KIND BE MADE IN EXCESS OR
THE LESSER OF $100.00 OR THE AMOUNT PAID TO KOS FOR THE SUBJECT
PRINTED PRODUCTS PLUS SHIPMENT FEES, IF ANY.
This Agreement constitutes the entire agreement
between KOS and CUSTOMER with respect to CUSTOMERS use of the Site.
If for any reason a court of competent jurisdiction finds any provision
of the Agreement or portion thereof, to be unenforceable, that provision
shall be enforced to the maximum extent permissible so as to effect
the intent of the Agreement, and the remainder of this Agreement
shall continue in full force and effect.
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