Terms & Conditions

 

Article 1 Definitions

1. “UK Kiosks” shall mean UK Kiosks Limited., an entity incorporated in the UK.
2. “Products” shall mean products sold to Customers by UK Kiosks. This does not include any products purchased by a Customer from entities other than UK Kiosks.
3. “Customer” means the person, firm, company or authority seeking to purchase goods from UK Kiosks and includes his, its or their successors or personal representatives.

Article 2 Application of the Terms and Conditions

1. These Terms and Conditions for Sale of Products (these “Conditions”) shall apply to all purchase and sales contracts of Products entered into between UK Kiosks and Customers.
2. Subject to the application of these Conditions, UK Kiosks shall accept any offer for purchase of a Product made by a Customer. If a Customer makes an offer to UK Kiosks to purchase a Product, it is deemed that the Customer has given consent to the application of these Conditions and has approved of the contents hereof without any objection.
3. UK Kiosks may modify these Conditions without obtaining the individual approval of the Customer, and the Customer approves such modifications in advance.

Article 3 Place of Sale / Performance of Obligations

1. The sale of Products to Customers by UK Kiosks shall take place at UK Kiosks premises.
2. In cases where UK Kiosks bears an obligation to the Customer pursuant to the purchase and sale contract of Products, such as an obligation to deliver the Product, restore to the original state, refund the purchase price and compensate for damages, the place for performance of such obligation shall be agreed with the customer at the delivery site or returned to UK Kiosks premises where the Customer had purchased the Product, unless otherwise agreed.

Article 4 Products Subject to Purchase & Sale Contract of Products

1. In principle, Products to be sold by UK Kiosks to Customers shall be Products in stock at UK Kiosks premises.
2. Although UK Kiosks provides and periodically updates information regarding the Products in stock on its website, etc., since the availability of Products changes constantly, the information provided may not perfectly match the actual availability. The information provided is for reference only, and is not intended to guarantee the availability of a Product.

Article 5 Entering into Purchase and Sale Contract

1. In principle, the purchase and sale contract between UK Kiosks and the Customer shall be deemed to enter into effect when the Customer presents UK Kiosks with the Product to be purchased and UK Kiosks presents the Customer with an invoice, unless otherwise agreed (and such as entering into a rental agreement).

Article 6 Payment of Purchase Price

1. Promptly after the purchase and sale contract enters into effect, the Customer shall make the payment of the purchase price of the Products to UK Kiosks, by bank transfer, credit card, or other means accepted by UK Kiosks.
2. All prices are exclusive of Value Added Tax where applicable.
3. Accounts must be paid prior to deliver of goods unless a rental agreement has been arranged or unless otherwise agreed.

Article 7 Delivery and Transportation of Products

1. Delivery dates are given in good faith but any time or date named by UK Kiosks for delivery is an estimate only, unless otherwise agreed, and UK Kiosks can accept no liability whatsoever for any damage or loss, whether direct or consequential which may be caused by any delay in delivery.
2. UK Kiosks shall be discharged from its obligation to deliver the Products to the Customer under the purchase and sale contract when such Products are collected by the Customer from UK Kiosks premises.
3. With regard to the Products delivered to the Customer under the preceding paragraph, Customers shall be responsible for all handling the Products once in the hands of the Customer. UK Kiosks does not assume legal responsibility in cases where delivered Products are stolen, lost, damaged, or any other accidents or damages occur, while being handled or transported by the Customer. The foregoing shall not apply to damages arising from a cause attributable to UK Kiosks.
4. Not withstanding Paragraph 2 above, in cases where UK Kiosks and the Customer separately agree on delivery to places other than the Customer’s delivery address, UK Kiosks shall complete the delivery of such Products at the place that was agreed. The cost of delivery to the agreed place shall be borne by the Customer.
5. Ownership of the Product shall be transferred to the Customer when the delivery of the Product is completed in accordance with Paragraphs 1 through 4 above.
6. In the event that the Customer enters into a paid freight contract with a carrier in charge of the relevant Product that has been delivered pursuant to Paragraph 1 above, the terms of such contract shall be in accordance with the Terms and Conditions of Carriage set forth by the carrier.
7. Any and all responsibility arising in relation to the freight contract in the preceding paragraph shall be assumed by the carrier. UK Kiosks shall not assume such responsibility.

Article 8 Assembly and Installation of Products

1. The assembly and installation of Products purchased by a Customer shall be performed by UK Kiosks, unless otherwise agreed that the Customer will take on the assembly and installation at the Customer’s own responsibility.
2. UK Kiosks shall not assume any legal liability in relation to the assembly and installation of Products. UK Kiosks shall not assume legal liability for damages caused to the Product or other accidents caused or damages incurred while the Customer is assembling or installing the Products.
3. The foregoing shall not apply to damages arising from a cause attributable to UK Kiosks.
4. In the event that the Customer enters into a paid services contract with an assembler for the assembly and installation of a Product that has been delivered pursuant to Article 7, Paragraph 1 above, the terms of such contract shall be in accordance with the terms and conditions set forth by the assembler.
5. Any and all responsibility arising in relation to the paid services contract in the preceding paragraph shall be assumed by the assembler. UK Kiosks shall not assume such responsibility.

Article 9 Guarantee of the Quality of Products

1. In cases where it is revealed that there is a defect in the material or manufacturing of the specific Products designated by UK Kiosks, which interrupts the ordinary use of the Product during the guarantee period, UK Kiosks shall provide the Customer with free repair services (which means replacement or repair of the defective part, but not assembly) to make
2. it possible for the Product to be used in an ordinary manner.
3. When making a request for the repair of the defect or replacement of the Product as stated in Paragraphs 1 above, the Customer must prove to UK Kiosks that the product was purchased from UK Kiosks, there is a defect in the material or manufacturing of the Product that would interrupt its ordinary use, that the Product is one of the Products designated by UK Kiosks and that the guarantee.
4. period has not expired yet, are fulfilled. Such proof must be provided by means such as presentation by the Customer to UK Kiosks of the receipt at the time of purchase, the Product or the defect. Without the presentation of such proof, UK Kiosks cannot provide the Customer with repair of defects or replacement of Products.

Article 10 Repair and Refund for Defective Product

1. If a defect (deficiency or failure) is found in the purchased Product, UK Kiosks shall provide free repair (which means repair or replacement of the defective part, but not assembly), compensate for the value that has dropped due to the defect, or refund the purchase price. The specific method of dealing with the issue shall be chosen by UK Kiosks, in accordance with the nature of each case.
2. In principle, if UK Kiosks cannot provide replacement of the Product with an identical or equivalent Product, the Customer is free to purchase an identical or equivalent Product with the refunded payment, subject to the terms of the warranty.
3. In cases where UK Kiosks has selected to refund the purchase price, the purchase and sale contract between UK Kiosks and the Customer shall automatically become void. In such cases, UK Kiosks shall refund the purchase price in exchange for the return of the defective Product. The refund shall be made by cancellation of the credit card transaction or the issuance of a Refund in the manner that the purchase was paid by as set forth by UK Kiosks. The method of refund shall be decided by UK Kiosks in accordance with the nature of the case.
4. When making a request for the repair of defective Product or refund of the purchase price, Customer must prove that the Customer has purchased the Product from UK Kiosks, the date of purchase and the existence of the defect, by presenting the receipt at the time of purchase, the Product or defect. Without the presentation of such proof, UK Kiosks cannot provide the Customer with free repair or refund of purchase price as set forth herein. If you wish to seek a refund of the purchase price for a Product you have purchased using your credit card, you (as the credit card holder) should contact UK Kiosks to arrange a suitable agreement for transferring funds back to the Customer. The Customer must provide proof to UK Kiosks in person the credit card that was used, the receipt and present them together with an ID document (please provide a personal identification certificate issued by a public organization such as a driver’s license, passport, health insurance card or basic resident register card).

Article 11 Cancellation and amendment of your order

1. No order placed by the Customer or an agent acting for the Customer may be cancelled or amended unless it is specifically agreed in writing.

Article 12 Price Validations

1. If delivery of the goods is delayed at your request for more than 30 days after the date named by UK Kiosks for delivery UK Kiosks will be entitled to increase the price of the goods if appropriate to the effective price then being charged for like goods at the actual date of delivery.
2. UK Kiosks reserves the right, by giving notice to you at any time before delivery, to increase the price of goods to reflect any increase in the cost to UK Kiosks which is due to any factor beyond the control of UK Kiosks (such as but without limitation any foreign exchange fluctuation, currency, regulation, alteration of duties, significant increase in the costs of labour, transport or materials) or which is due to any alteration in your order.

Article 13 Exemption

1. The amount of damages to be compensated by UK Kiosks for default or tort shall be limited to the purchase price of the product, unless damage was caused by UK Kiosk’s intent or gross negligence.

Article 14 Customer's Obligations

1. Customers shall owe a duty of care to observe the following: a. Customer shall be responsible for the product once the product has been delivered and signed off by the Customer as satisfactory to needs. b. For Products to be placed on the wall: check in advance the quality of the wall, including its strength. c. For Products to be placed on the floor: check in advance the quality of the floor, including its strength. d. For Products to be attached to the ceiling: check in advance the quality of the ceiling, including its strength.
2. In cases where UK Kiosks incurs damages due to Customer acting in violation of the Customer’s duty of care, Customer shall be liable to compensate UK Kiosks for such damages.
3. If you shall make default in or commit any breach of your obligations to UK Kiosks, or if you shall commit any act of bankruptcy or shall have any execution or distress levied upon any of your goods or property, or being a Limited Company shall go into liquidation, other than voluntary liquidation for the purposes of amalgamation or reconstruction, or have a Receiver or Administrator appointed of your property or assets or any part thereof, UK Kiosks shall have the right forthwith to determine any contract then existing without payment to you or any Receiver or Liquidator or Administrator of any compensation whatsoever for any direct or consequential loss you or they may suffer.

Article 15 Passing of Risk

1. Risk in the goods shall pass to the Customer forthwith upon the goods being loaded onto a Carrier’s vehicle for delivery.

Article 16 Governing Law, Jurisdiction

1. The contractual relationship between UK Kiosks and Customer or disputes arising between UK Kiosks and the Customer, including the relationship under these Conditions, shall be governed by the laws of the United Kingdom.

Article 17 Miscellaneous

1. Each provision of these Conditions shall be binding to the extent that it is not rendered void by any compulsory provisions of law. In the event that any of the provisions in these Conditions is held to be void, the other provisions shall remain in effect.
© 2017 UK KIOSKS LIMITED