Terms and Conditions
These terms and conditions apply to the use of the Thomas Kent Online website. By using this website to order any of the products offered you agree to be bound by the terms and conditions set out below.
If you have an issue or any question with regard to these terms and conditions, before you place an order, kindly contact our Customer Service team by e-mail at [email protected] , or call us on +44 (0) 1582 794541 weekdays only between 9am and 5pm. All calls to Customer Services will be charged at the local rate (BT users only, other network charges may vary), and both inbound and outbound calls may be recorded for quality monitoring and training purposes
- Conditions – means these terms and conditions and the Special Conditions
- Product – means a product offered for sale on the website
- Product Description – means the description and specifications in respect of the individual products provided
- Special Conditions – means the terms and conditions in the Product Description
- Users – means the users of the Website collectively
- Personal Information – means the details provided by you on registration
- We/us – means Art Marketing Ltd trading as Thomas Kent Online
- Website – means the website located at www.thomaskent.co.uk
- Cookies – means small text files which our website places on your computer's hard drive to store information about your shopping session and to identify your computer
- United Kingdom – means England, Wales, Scotland, Northern Ireland and the Channel Islands
- You – means a user of this website.
USE OF THE WEBSITE
You are provided with access to this website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
You warrant that:
- The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
- You will notify us immediately of any changes to the Personal Information by contacting our Customer Service Representatives by e-mail at [email protected] , or calling us on +44 (0) 1582 794541 between 9am and 5pm on weekdays.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this website,or the use by any other person accessing the website using your shopping account and/or your Personal Information.
We reserve the right to:
- modify or withdraw, temporarily or permanently, this website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website; and/or
- change the Conditions from time to time, and your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the website.
PRIVACY & COOKIES
Your Personal Information will be treated as confidential. We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation from time to time in place.
- When ordering from this website, you will be required to enter personal Information such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password.
We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, is held in accordance with the registration we have with the Data Commissioner's Office. We use your information only for the following purposes:
- Processing your orders;
- For statistical or survey purposes to improve this Website and its services to you;
- To serve website content and advertisements to you;
- To administer this website;
- To contact you about leaving a review on a product once your order has been completed;
- If you consent, to notify you of products or special offers that may be of interest to you
- We will not release your personal Information to anyone for their mailing or marketing purposes
- If we are requested by any regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are entitled do so
DESCRIPTION OF PRODUCTS
Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the website are accurate. Although we aim to keep the website as up to date as possible, the information including Product Descriptions appearing on this website at a particular time may not always reflect the position exactly at the moment you place an order.
ORDERING, CANCELLING & RETURNING
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
Contract creation and electronic contracting
The technical steps required to create the contract between you and us are as follows:
- You place the order for your products on the website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the website
- We will send you an order confirmation email detailing the products you have ordered. This is not an order acceptance
- We will send you a despatch confirmation email when your product is shipped from our warehouse.
- Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in Change or cancel an order
- Your credit/debit card will be charged when your order is placed
Non-acceptance of an order may be a result of one of the following:
- The product you ordered being unavailable from stock
- Our inability to obtain authorisation for your payment
- The identification of a pricing or product description error
The contract will be concluded in English and in terms of UK law.
Consumer Contracts Regulations 2013
This legislation offers you the following cancellation rights when you buy online or by phone:
- You are entitled to cancel your contract if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the goods or services.
- If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods and take reasonable care of them.
- To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address.
- You can cancel by email: [email protected] , or call +44 (0) 1582 794541
- If you decide to cancel, you should return the goods to us at your cost within 14 days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to goods to which cancellation rights apply. This includes the cost of delivery (except for the supplementary costs arising if you choose a type of delivery other than our standard and least expensive method of delivery).
- We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement no later than 14 days after the day we receive back from you any goods supplied.
Our guarantee provides full cover against mechanical breakdown through normal use. This means that if your item develops a fault during the guarantee period, we'll arrange for it to be repaired free of charge, including all parts and labour or replaced.
During the guarantee period, if your product develops a fault then kindly contact our Customer Services on +44 (0) 1582 794541 to discuss the fault and remedy for its repair. You will need to provide us with details of your item and date of purchase. You'll find all of this information on our original receipt – this acts as your guarantee, so please make sure you keep it safe.
If we can't repair your item, we'll replace it with an item of equivalent specification. If no equivalent product is available we'll discuss an alternative settlement with you, and we'll always do our best to make sure that you're satisfied with the outcome.
What's not included?
There are some specific exclusions from our guarantees, as follows:
- Repair costs caused by external factors such as fire, theft, and weather.
- Accidental damage, for example if your item has been dropped. You may find that this type of damage is covered by your household contents insurance policy
- Consumables such as batteries.
- Cosmetic items such as cabinet trim, scratches, dents, corrosion or colour where the function of the product is unaffected
- Any loss suffered as a result of not being able to use the product, or any loss over and above the purchase price of the original item
- Deliberate damage or neglect of the product
- Please note that our guarantees provide services for goods bought and used in the UK, the Isle of Man and the Channel Islands
Intellectual property and right to use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us. You are permitted to use this material only as expressly authorised by us.
You acknowledge and agree that the material and content contained within the website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Compliance with laws
You agree to comply with all applicable laws, statutes and regulations regarding the website and any transactions conducted on or through the website.
Limitation of liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy.
We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the website.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
- any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- any loss of goodwill or reputation; or
- any special or indirect losses
suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Art Marketing Ltd (trading as Thomas Kent Online) and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.