In these conditions, unless the context requires otherwise:
1.1 'Buyer' means the person who buys or agrees to buy the goods from the Seller;
1.2 'Conditions' means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller
1.3 'Delivery Date' means the date specified by the Seller when the goods are to be delivered;
1.4 'Goods' means the articles which the Buyer agrees to buy from the Seller;
1.5 'Price' means the price for the Goods excluding carriage, packing, insurance and VAT; and
1.6 'Seller' means Kite Kids Ltd, 18 Branksome Business Park, Bourne Valley Road, Poole, Dorset BH12 1DW, UK
2. Conditions applicable
2.1 These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including terms or conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Conditions.
2.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.5 Cancellation – the Seller will regard any orders as a firm commitment from the Buyer, whether recieved electronically or in hard copy. The Seller allows 7 days from the date of the order to receive cancellations without any further obligation. After this period, and until 12 weeks prior to the estimated delivery date, cancellations will only be accepted with the payment of a cancellation fee which is 20% of the order value. Cancellations will not be accepted if less than 12 weeks notice is given prior to the estimated delivery date; full payment of the invoice will be payable in these circumstances.
3. Price and payment
3.1 The Price shall be the price set out overleaf plus any delivery or other charges. The Price is exclusive of VAT which shall be due at the rate ruling on the date of the Seller's invoice.
3.2 Payment of the Price and VAT shall be due within 14 days of the date of the invoice and goods will not be dispatched until payment has been received.
3.3 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment. Under the terms of the Late Payment Of Commercial Debts
(Interest) Act 1998 the interest charged is calculated by taking the prevailing Bank of England base rate plus 8% and shall accrue at such rate after as well as before any judgment.
3.4 Debit card payments are free of bank charges. Credit card payments shall incur an additional 2% fee to cover bank charges.
3.5 For payments from overseas all bank transaction costs associated with payment to be borne by the Buyer.
4. The Goods
The quantity and description of the Goods shall be as set out in the Seller's quotation.
5. Warranties and liability
The Seller warrants that the Goods supplied will at the time of delivery correspond to the description given by the Seller. All other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law.
6. Delivery of the Goods
Delivery of the Goods shall be made to the Buyer's address on the Delivery Date. The Goods may be delivered in advance of the Delivery Date upon the giving of reasonable notice to the Buyer. The Buyer shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery.
7. Acceptance of the Goods
7.1 The Buyer shall be deemed to have accepted the Goods 24 hours after delivery to the Buyer.
7.2 After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
8. Title and risk
8.1 Title shall pass on delivery of the Goods.
8.2 Risk shall pass on delivery of the Goods.
9. Remedies of Buyer
9.1 Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the contract of sale.
9.2 Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods.
9.3 The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods.
10. Proper law of contract
This contract is subject to the law of England and Wales.