Kay Pictures Ltd. Terms and Conditions
These terms and conditions apply to all Kay Pictures Limited customer purchases, whether ordered online, with a purchase order, email, fax or by post.
Please note, we are happy to answer price and product enquiries over the phone, however, orders must be in writing to avoid errors. Please email, fax or post orders to Kay Pictures Ltd, alternatively, purchase directly on kaypictures.co.uk.
All sales are conducted on a business-to-business basis. Your statutory rights under the ‘The Sale of Goods Act 1979’ (including amendments) are fully supported by Kay Pictures Ltd. The ‘Consumer Protection (Distance Selling) Regulations do not apply to business purchases.
Prices are quoted in pounds sterling.
Prices are shown excluding Value Added Tax, where applicable this will be applied at the current rate to all appropriate orders.
If you are in any doubt as to the price of a product, please contact Kay Pictures Ltd prior to placing an order.
Payment and Interest
Payment of the Price, VAT and post and packaging shall be due upon placement of an order on the Kay Pictures website (kaypictures.co.uk).
For UK account customers settlement is to be received within 30 days from date of invoice.
Interest on overdue invoices shall accrue from the date when payment becomes due calculated on a daily basis until the date of payment at the rate of [8%] per annum above the Bank of England base rate from time to time in force. Such interest shall accrue after as well as before any judgment.
The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Seller.
For overseas and non-account customers payment is to be received prior to dispatch.
For further details please see this link https://www.kaypictures.co.uk/buying-from-us/
It is important to use the exact product codes and descriptions shown in our current brochure or price list when placing an order.
Products and codes may change from time to time. Please contact us if you have any query with a product or code.
Goods are not supplied on a trial basis. Customers are responsible for verifying suitability and compatibility of goods BEFORE purchasing.
Carriage of Goods
Shipping charges apply to all orders. The price covers the cost of processing, picking and packing an order, plus a signed-for postal or courier delivery. There is a minimum £6.00 shipping charge within the UK. Online shipping costs are calculated at the checkout.
Delivery of the Goods
Delivery of the goods shall be made to the buyer’s (shipping) address.
Goods will require a signature upon delivery. In the event of a failed delivery Royal Mail or the courier company employed to deliver the goods will leave a card to notify you of this. If goods are returned to Kay Pictures because of a failed delivery (i.e.) the goods were not collected from the courier/post depot or the delivery was attempted on a number of occasions, then Kay Pictures will not be liable for the re-delivery costs.
We aim to dispatch all orders within 2 working days. However, some orders may take longer to fulfil. If time is of the essence, please enquire before placing your order for a likely delivery date. Some non-stock items are sent direct from the manufacturer and we cannot guarantee third party delivery times.
We shall not be liable for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the goods.
Acceptance of the Goods
The buyer shall be deemed to have accepted the goods 14 days after delivery to the buyer. Any errors or shortages must be notified within this time-period.
Where the buyer has accepted, or has been deemed to have accepted the goods, the buyer shall not be entitled to reject goods.
Title and risk
Risk shall pass on delivery of the goods to the buyer’s address.
Notwithstanding the earlier passing of risk, title in the goods shall remain with Kay Pictures Ltd and shall not pass to the buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.
Until title passes the buyer shall hold the goods as bailee for Kay Pictures Ltd and shall store or mark them so that they can at all times be identified as the property of Kay Pictures Ltd.
Goods may only be returned with prior written consent obtained from Kay Pictures Ltd.
If you want to return an item, you must send an email to us with the delivery note/invoice number and your reason for the return. If we agree to accept the return, we will issue a Returns Number which must be clearly marked on the parcel and any paperwork.
No returns will be accepted or processed without a Returns Number (RN). A restocking fee may apply.
You may return any unopened goods, in original condition, which can be sold again “as new”, within 14 days of receipt. You are responsible for the delivery costs of returning the goods, which should be sent by recorded/tracked delivery. Kay Pictures Ltd is not responsible for goods returned which they do not receive.
To arrange a return, please email firstname.lastname@example.org with the delivery note/invoice number and your reason for the return.
You will be refunded for the original price of the returned goods once they have been received and confirmed “as new”.
You will be liable for all administrative costs associated with the return of the goods, which will constitute a restocking fee of £25.00 or 10% of the product value, whichever is the greater.
Returns must be adequately packed, in the original packaging, where possible, and the RN number clearly displayed on the outside of the package.
We cannot accept returns after 14 days from the day of receipt of goods, or on goods which have been opened and cannot be sold again “as new.”
Faulty Goods or Goods sent in error
If there is a fault or error with any of your order on receipt, please email email@example.com within 14 days of receipt. Please give details of the fault or error and include the delivery note/invoice number. A photograph would be very helpful.
If there are faulty or incorrect items to be returned to us, we will issue a Returns Number (RN), which must be clearly displayed on the returning parcel. Goods must be adequately packed and in their original packaging.
Returned items must be received by Kay Pictures Ltd within 14 days of the RN being issued. Kay Pictures Ltd will not be held liable for goods lost or damaged in transit.
The cost of returning faulty or incorrect items will be reimbursed by Kay Pictures Ltd once the goods have been received and accepted as faulty or incorrect
Kay Pictures Ltd is not responsible for goods returned which they do not receive. It is the buyer’s responsibility to ensure goods returned are sent by recorded/tracked delivery.
These terms do not affect your statutory rights.
Kay Pictures Ltd warrants that for a period of 12 months commencing on the date of delivery of the goods (Warranty Period), the goods shall:
- conform with their description.
- be of satisfactory quality with the meaning of the Sale of Goods Act 1979.
Our promise to replace products or refund your money does not apply to faulty goods where the fault has been caused by accident, neglect or misuse.
Third parties. A person who is not a party to the Contract shall not have any rights to enforce its terms.
No partnership or agency. Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, nor constitute either party the agent of another party for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
Governing law. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).