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Terms and Conditions

TERMS AND CONDITIONS OF SALE

IF YOU PURCHASE GOODS USING THIS SITE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF SALE.

1. DEFINITIONS AND INTERPRETATION

In these terms and conditions:-

"Kelvin Hughes Ltd" means Kelvin Hughes Ltd, any connected organisation that actually supplies goods ordered by you and any successor to the business of Kelvin Hughes Ltd;

"working day" means every day of a calendar year apart from weekends and statutory and public holidays;

"us" means Kelvin Hughes Ltd and you together; and "you" and "your" means the person ordering goods under these terms and conditions

2. THE CONTRACT BETWEEN US

  1. Bookharbour.com is the retail on-line sales division of Kelvin Hughes Limited.
  2. These conditions shall apply to all contracts for the sale of goods by Kelvin Hughes Ltd concluded via the Bookharbour.com web site to the exclusion of all other terms and conditions, including any terms supplied by you at any time.
  3. Any order placed by you in response to the material set out on the Bookharbour.com web site shall constitute an offer by you to purchase goods from Kelvin Hughes Ltd, which Kelvin Hughes Ltd shall be free to accept or reject.
  4. Kelvin Hughes Ltd must receive payment by credit card of the whole of the price for the goods [plus the amount of the delivery charges and any relevant taxes or duties which Kelvin Hughes Ltd is obliged to collect] that you order before your order can be accepted. Once full payment has been received and Kelvin Hughes Ltd has determined that it shall meet your order, Kelvin Hughes Ltd will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Kelvin Hughes Ltd's acceptance of your order evidenced by receipt at your email address of Kelvin Hughes Ltd’s email brings into existence a legally binding contract between us.

3. PRICE

  1. The prices payable for goods that you order (net of delivery and insurance costs and any applicable sales, export or import taxes, for which you must pay in addition) are the prices displayed on our Bookharbour.com site at the time you place an order as confirmed by Kelvin Hughes Ltd’s acceptance e-mail. In the case of any difference between the prices set out on our Bookharbour.com site and Kelvin Hughes Ltd’s acceptance email, the prices set out in the email shall apply.
  2. Kelvin Hughes Ltd reserves the right at any time to revise its prices without notice.
  3. You will be required to pay extra for delivery and insurance (and any taxes or duties if applicable).
  4. It might not be possible for Kelvin Hughes Ltd to deliver to some locations in which case Kelvin Hughes Ltd shall be entitled to decline the order.

4. WITHDRAWAL BY YOU FROM THE CONTRACT

  1. You may withdraw your order for goods at any time up to the end of the seventh working day after the date of receipt by you of the goods provided you have not altered or damaged the goods in any way, or, in the case of videos or computer software, unsealed them from their shrink-wrap or cellophane packaging. You do not need to give Kelvin Hughes Ltd any reason for withdrawing your order nor will you have to pay any penalty.
  2. The only circumstances in which you cannot withdraw your order are where you have altered or damaged the goods which you have already received (or the ones in relation to which you want to withdraw your order) or, in the case of videos or computer software, unsealed them as described in condition 4.1 above or where you have failed to notify Kelvin Hughes Ltd of your wish to withdraw within seven working days of your receipt of the goods.
  3. To withdraw your order in accordance with condition 4.1 above you must notify Kelvin Hughes Ltd by e-mail at southampton@kelvinhughes.co.uk and, where the goods have already been dispatched, Kelvin Hughes Ltd will agree with you a method and price for the return of the unwanted goods to Kelvin Hughes Ltd.
  4. If you have received the goods before you withdraw your order then, unless you have lost your right to withdraw because you have altered or damaged them in any way, or, in the case of videos or computer software, unsealed them as described in condition 4.1 above or failed to notify Kelvin Hughes Ltd within seven working days of your receipt of the goods of your wish to withdraw, you must send the relevant goods back to Kelvin Hughes Ltd’s nominated return address at your own cost and risk. If you withdraw your order before you receive the goods but Kelvin Hughes Ltd has already processed the goods for delivery, when you receive the goods, you must not unpack, alter or damage the goods and you must send the goods back to Kelvin Hughes Ltd’s nominated return address at your own cost and risk as soon as possible.
  5. Once you have notified Kelvin Hughes Ltd that you are withdrawing your order, and provided that the goods in question are returned by you and received by Kelvin Hughes Ltd in the condition they were in when delivered to you, any sum debited by Kelvin Hughes Ltd from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order together with the agreed costs of the return of the goods to Kelvin Hughes Ltd.

5. NON-FULFILMENT OF YOUR ORDER

If Kelvin Hughes Ltd has insufficient stock to deliver the goods ordered by you, or for any other reason does not accept your order, any sum debited by Kelvin Hughes Ltd from your credit card will be re-credited to your account and Kelvin Hughes Ltd will notify you by email at the address given by you in your order form. The refund will be made as soon as possible and in any event within 30 days of your order. Re-credit of the amount debited from your credit card shall be the only payment due by Kelvin Hughes Ltd to you where an order is not accepted or goods cannot be delivered to you. Kelvin Hughes Ltd shall not be liable to pay any additional compensation for losses or damages of any kind incurred by you as a result of non-fulfilment of your order (including, without limitation, lost profits, loss of enjoyment, and direct, indirect, consequential, or special losses of any kind), whether or not you have notified Kelvin Hughes Ltd of the possibility of such losses.

6. DELIVERY OF GOODS TO YOU

  1. If your order is accepted, Kelvin Hughes Ltd will deliver the goods ordered by you to the address you give Kelvin Hughes Ltd for delivery at the time you place your order. Subject to availability, Kelvin Hughes Ltd will endeavour to provide that goods are delivered within 30 days from the date of Kelvin Hughes Ltd’s acceptance e-mail to you.
  2. You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and Kelvin Hughes Ltd will not be liable for their loss, damage or destruction.

7. PRODUCT WARRANTIES AND GUARANTEES

Save as provided by law, the only warranties and representations relating to the goods given to you by Kelvin Hughes Ltd are those set out in the written documentation (if any) supplied with the goods in question.

8. LIABILITY

  1. If the goods Kelvin Hughes Ltd delivers are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, Kelvin Hughes Ltd shall have no liability to you unless you notify Kelvin Hughes Ltd by e-mail at southampton@kelvinhughes.co.uk of the problem within ten working days of the delivery of the goods in question.
  2. If you do not receive the goods ordered by you within 30 days of the date on which you ordered them, Kelvin Hughes Ltd shall have no liability to you unless you notify Kelvin Hughes Ltd by e-mail at southampton@kelvinhughes.co.uk of the problem within 40 days of the date on which you ordered the goods.
  3. If you notify a problem to Kelvin Hughes Ltd under this condition, Kelvin Hughes Ltd's only obligation will be, at its option:-
    1. to make good any shortage or non-delivery;
    2. to replace or repair any goods that are damaged or defective; or
    3. to refund to you the amount paid by you for the goods in question together with any agreed costs incurred by you in returning any incorrect, defective or damaged goods if so agreed to Kelvin Hughes Ltd’s nominated return address.
  4. Subject to condition 8.5 below, Kelvin Hughes Ltd will not be liable to you for any direct or indirect or consequential or special loss or damage (including without limitation, any loss of profits) arising out of any problem you notify to Kelvin Hughes Ltd under this condition and Kelvin Hughes Ltd shall have no liability to pay any money to you by way of compensation other than, where applicable, to refund to you the amount paid by you for the goods in question and any agreed return delivery charges as set out in paragraph 8.3.3 above.
  5. Nothing in this condition is, however, intended to limit any rights you might have as a consumer under English law or under any applicable local law which may not be excluded by law, nor in any way to exclude or limit Kelvin Hughes Ltd's liability to you for any death or personal injury resulting from its negligence.
  6. FORCE MAJEURE
    Kelvin Hughes Ltd shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.
  7. INVALIDITY
    If any part of these conditions is unenforceable (including any provision in which Kelvin Hughes Ltd excludes its liability to you) the enforceability of any other part of these conditions will not be affected.
  8. GOVERNING LAW
    The contract between us shall be governed by and interpreted in accordance with English law, and you accept that English law applies and that the English courts shall have non-exclusive jurisdiction to resolve any disputes between us.

ENTIRE AGREEMENT

These terms and conditions, together with the current Bookharbour.com web site prices, the delivery details supplied by you by email to Kelvin Hughes Ltd, the information set out on Kelvin Hughes Ltd’s acceptance e-mail to you, Kelvin Hughes Ltd’s contact details set out on the Bookharbour.com site and the information set out on the invoice sent to you with the goods, comprise together the whole of our agreement relating to the supply of the goods to you by Kelvin Hughes Ltd. These terms and conditions cannot be varied except in writing signed by a director of Kelvin Hughes Ltd. In particular nothing said by any sales person on behalf of Kelvin Hughes Ltd should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by Kelvin Hughes Ltd. Kelvin Hughes Ltd shall have no liability for any such representation being untrue or misleading.