Online Sale of Goods - Terms and Conditions

1. These Terms

11.1 These terms and conditions (Terms) apply to any order by you and supply of products and imbedded digital content (if any) specified in that order (Goods) by us to you.

1.2 Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide Goods to you, how you and we may change or end the contract between us (Contract), what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.

1.3 In some areas you will have different rights under these Terms depending on whether you are a business or consumer. You are a consumer if:

1.3.1 you are an individual; and

1.3.2 you are buying Goods from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

1.4 When we use the words "writing" or "written" in these Terms, this includes emails.

2. About Us

2.1 Kingston Technology Europe Co LLP, company number OC384101 (we, our or us), is a limited liability partnership registered in England and Wales and our registered office is at Kingston Court, Brooklands Close, Sunbury On Thames, Middlesex, England, TW16 7EP. Our UK VAT number is GB 163 6314 18.

2.2 If you have any questions about the Contract or any of the Goods please contact our customer service team by email at: [email protected]

3. Our Contract With You

3.1 If you are a business customer the Contract constitutes the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.

3.2 These Terms and the Contract are drafted and made in the English language.

3.3 We may also translate these Terms into other languages. The English language version of these Terms (and any notice or other document relating to these Terms or a Contract) shall prevail if there is a conflict.

4. Placing an Order and its Acceptance

4.1 Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the Goods subject to these Terms.

4.2 Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it.

4.3 After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted.

4.4 Our acceptance of your order will take place when the Goods are dispatched from our warehouse. We may confirm our acceptance to you by sending you an email. The Contract between you and us will only be formed when the Goods are dispatched.

4.5 If we are unable to supply you with the Goods for any reason, we will inform you of this in writing and we will not process your order. This might be because the Goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Goods or because we are unable to meet a delivery deadline you have specified. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.

4.6 If you wish to make a change to the Goods prior to delivery please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the Contract.

5. Our Goods

5.1 The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Goods. The colour of your Goods may vary slightly from those images.

5.2 The packaging of your Goods may vary from that shown on images on our site.

5.3 We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement, or to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Goods.

5.4 We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.

6. Delivery, Transfer of Risk and Title

6.1 The costs of delivery will be as displayed to you on our website.

6.2 We may contact you with an estimated delivery date, which will be within 30 (thirty) days after the date on which the Goods are despatched from our warehouse. Occasionally our delivery to you may be affected by an Event Outside Our Control. See Clause 16 for our responsibilities when this happens.

6.3 You will be responsible for the Goods once the relevant Goods have been delivered at the address for delivery set out in your order.

6.4 You own the Goods once we have received payment in full, including of all applicable delivery charges.

6.5 If no one is available at your address to take delivery and the Goods cannot be posted through your letterbox, we (or a courier organised by us) may leave you a note informing you of how to rearrange delivery or collect the Goods from a local depot.

6.6 If you do not collect the Goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we may contact you for further instructions. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract and Clause 10 will apply.

6.7 We deliver to the United Kingdom (UK) only.

6.8 You may not export Goods purchased from us to another country or region if prohibited by export control laws. If you plan to export Goods purchased from us you must obtain any legally required export control licences (or other government approvals) prior to doing so.

7. Price of Goods and Payment

7.1 The prices of the Goods (which will include VAT) will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, please see Clause 7.3 for what happens if we discover an error in the price of Goods you ordered.

7.2 Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.

7.3 We sell a large number of Goods through our site. It is always possible that, despite our reasonable efforts some of the Goods on our site may be incorrectly priced. If we discover an error in the price of the Goods you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If you cancel your order we will refund any sums you have paid. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled, notify you in writing and refund any sums you have paid. If we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Goods and refund you any sums you have paid.

7.4 You can only pay for Goods with the payment methods listed on our website.

7.5 Payment for the Goods and all applicable delivery charges is taken when the order for Goods is placed.

8. Your rights to end the Contract

8.1 Your rights when you end the Contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the Contract and whether you are a consumer or business customer:

8.1.1 if what you have bought is faulty or misdescribed you may have a legal right to end the Contract (or to get the Goods repaired or replaced or a service re-performed or to get some or all of your money back), see Clause 11 if you are a consumer and Clause 12 if you are a business;

8.1.2 if you want to end the Contract because of something we have done or have told you we are going to do, see Clause 8.2;

8.1.3 if you are a consumer and have just changed your mind about the Goods, see Clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Goods;

8.1.4 in all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see Clause 8.6.

8.2 If you are ending the Contract for a reason set out at 8.2.1 to 8.2.3 below the Contract will end immediately and we will refund you in full for any Goods which have not been provided. The reasons are:

8.2.1 we have told you about an error in the price or description of the Goods you have ordered and you do not wish to proceed;

8.2.2 there is a risk that supply of the Goods may be significantly delayed because of Events Outside Our Control;

8.2.3 you have a legal right to end the Contract because of something we have done wrong.

8.3 If you are a consumer then for most products bought online you have a legal right to change your mind within 14 (fourteen) days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Terms.

8.4 Your right as a consumer to change your mind does not apply in respect of:

8.4.1 any Goods that have been personalised for you; and

8.4.2 sealed audio or sealed video recordings or sealed computer software, once these Goods are unsealed after you receive them.

8.5 If you are a consumer you have 14 (fourteen) days after the day you (or someone you nominate) receives the Goods, unless:

8.5.1 your Goods are split into several deliveries over different days. In this case you have until 14 (fourteen) days after the day you (or someone you nominate) receives the last delivery.

8.5.2 your Goods are for regular delivery over a set period. In this case you have until 14 (fourteen) days after the day you (or someone you nominate) receives the first delivery of the Goods.

8.6 Even if we are not at fault and you are not a consumer who has a right to change their mind (see Clause 8.1), you can still end the Contract before it is completed, but you may have to pay us compensation. The Contract is completed when the Goods are delivered and paid for. If you want to end the Contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The Contract will end immediately and we will refund any sums paid by you for the Goods not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the Contract.

9. How to end the Contract with us (including if you are a consumer who has changed their mind)

9.1 To end the Contract with us, please let us know by doing one of the following:

Email us at: [email protected]

Please provide your name, home address, details of the order and, where available, your phone number and email address.

Print off this form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.

9.2 If you end the Contract for any reason after the Goods have been dispatched to you or you have received them, you must return them to us. You must post the Goods back to us at Kingston Technology Europe Co LLP, Kingston Court, Brooklands Close, Sunbury-on-Thames, Middlesex, TW16 7EP. If you are a consumer exercising your right to change your mind you must send off the Goods within 14 (fourteen) days of telling us you wish to end the Contract.

9.3 We will pay the costs of return:

9.3.1 if the Goods are faulty or misdescribed; or

9.3.2 if you are ending the Contract because of an error in pricing or description, a delay in delivery due to Events Outside Our Control or because you have a legal right to do so as a result of something we have done wrong,

In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.

9.4 If you are entitled to a refund under the Contract we will refund you the price you paid for the Goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

9.5 If you are exercising your right to change your mind:

9.5.1 we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

9.5.2 the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.

9.6 We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then your refund will be made within 14 (fourteen) days from the day on which we receive the Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the Goods back to us. For information about how to return a Goods to us, see Clause 9.2.

10. Our rights to end the Contract

10.1 We may end the Contract at any time by writing to you if:

10.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 (fourteen) days of us reminding you that payment is due; or

10.1.2 you do not, within a reasonable time, allow us to deliver the Goods.

10.2 If we end the Contract in the situations set out in Clause 10.1 we will refund any money you have paid in advance for the Goods we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the Contract.

11. Your rights in respect of defective Goods if you are a consumer

11.1 If you are a consumer we are under a legal duty to supply Goods that are in conformity with the Contract. Visit your local consumer advice centre/organisation for a summary of your key legal rights in relation to the Goods (www.citizensadvice.org.uk). Nothing in these Terms will affect your legal rights.

11.2 If you wish to exercise your legal rights to reject the Goods you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection.

11.3 You may also be able to claim under the Kingston Limited Warranty Statement, information about which can be found here.

12. Your rights in respect of defective Goods if you are a business

12.1 If you are a business customer and any Goods delivered to you are discovered to be defective within the period set out in the Kingston Limited Warranty Statement, information about which can be found here (“Warranty”), we will endeavour to replace the Goods. If we are unable to replace the Goods we will refund the lesser of either the current value of the Goods or the purchase price. All claims of defective Goods will be handled in accordance with, and subject to the terms of (including any limitations and exclusions), the Warranty.

12.2 We will not be liable for any defective Goods if:

12.2.1 you make any further use of such Goods after you notify us that you wish to bring a claim for defective Goods;

12.2.2 the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;

12.2.3 the defect arises as a result of us following any drawing, design or specification supplied by you;

12.2.4 you alter or repair the Goods without our written consent; or

12.2.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

12.3 Except as provided in this Clause 12, we shall have no liability to you in respect of a Goods’ failure to comply with the Warranty.

12.4 These Terms shall apply to any repaired or replacement Goods supplied by us.

13. Our responsibility for loss or damage suffered by you if you are a consumer

13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. For the avoidance of doubt you are responsible for ensuring adequate protection and backup of data and equipment and, subject to Clause 13.2, under no circumstances shall we be liable to you, whether in contract, tort (including negligence) or otherwise, for loss or corruption of data, information or software.

13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Goods as detailed at Clause 11.1; and for defective products under the Consumer Protection Act 1987.

13.3 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

13.4 If you are a consumer we only supply the Goods to you for domestic and private use. If you use the Goods for any commercial, business or re-sale purpose our liability to you will be limited as set out in Clause 14.

14. Our responsibility for loss or damage suffered by you if you are a business

14.1 Nothing in these Terms shall limit or exclude our liability for:

14.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

14.1.2 fraud or fraudulent misrepresentation;

14.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979;

14.1.4 defective products under the Consumer Protection Act 1987; or

14.1.5 any matter in respect of which it would be unlawful for us to exclude or restrict liability.

14.2 Except to the extent expressly stated in Clause 12.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are excluded.

14.3 Subject to Clause 14.1:

14.3.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract;

14.3.2 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for loss or corruption of data, information or software; and

14.3.3 our total liability to you for all other losses arising under or in connection with the Contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100 per cent of the total sums paid by you for the Goods under the Contract.

15. How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

16. Events Outside Our Control

16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).

16.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:

16.2.1 we will contact you as soon as reasonably possible to notify you; and

16.2.2 our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

17. General

17.1 We may transfer our rights and obligations under the Contract to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the Contract within 14 (fourteen) days of us telling you about it and we will refund you any payments you have made in advance for Goods that we have not already provided to you.

17.2 You may only transfer your rights or your obligations under the Contract to another person if we agree to this in writing.

17.3 The Contract is between you and us. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these Terms.

17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

17.5 If we do not insist immediately that you do anything you are required to do under the Contract, or if we delay in taking steps against you in respect of your breaking the Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Goods, we can still require you to make the payment at a later date.

17.6 These Terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you are a consumer and you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

17.7 If you are a business, any dispute or claim arising out of or in connection with the Contract between us 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 the courts of England shall have exclusive jurisdiction to settle any such dispute or claim.

Schedule

MODEL CANCELLATION FORM

(Complete and return this form only if you wish to withdraw from the Contract)

To Kingston Technology Europe Co LLP,
Kingston Court, Brooklands Close,
Sunbury On Thames, Middlesex, England, TW16 7EP,
Telephone number: +44 1932 738888,
Email: [email protected]

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the provision of the following service [*]

Ordered on [*]/received on [*] ________________,

Name of consumer(s),
__________________________________________________________

Address of consumer(s),

__________________________________________________________

__________________________________________________________

Signature of consumer(s) (only if this form is notified on paper),

__________________________________________________________

Date

__________________

[*] Delete as appropriate