Terms and Conditions of Sale
These Terms will apply to any orders for the Goods and Services placed by you (Orders) and any contract between us for the supply of such Goods and Services to you (Contract).
These Terms apply to consumer customers only. You are a consumer if you are an individual and you are buying Goods or Services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
Please read these Terms carefully and make sure you understand them before you submit your Order to us. Please note that by ordering any of our Goods or Services, you agree to be bound by these Terms and the other documents expressly referred to in them.
These Terms, and any Contract between us, are only in the English language. Please note we may amend these Terms from time to time. Every time you order Goods or Services from us, the Terms in force at that time will apply to your Order. Every time you wish to order Goods or Services, please check these Terms to ensure you understand the terms which will apply at that time and ensure that you keep a copy of such Terms for your future reference.
1. Information about us
1.1. Product Care Group Limited (we, us, our, Product Care Group Limited) operates the Kuhla website, https://www.kuhla.co.uk/ (our Website).Product Care Group Limited is a company registered in England and Wales under company number07272954 and has its registered office at Green Bank Business Park, Swan Lane, Hindley Green, Wigan. Our VAT number is 348989522.
2. Other terms and policies
3. Communications between us
3.1. You can contact us by telephoning us at 01942 521918 or by writing to us by email at email@example.com or by post at Product Care Group Limited, Greenbank Business Park, Swan Lane, Hindley Green, Wigan, WN2 4AY.
3.2. If we have to contact you, we will do so by telephone or in writing (including email), using the contact details you provided to us in your Order.
3.3. When we refer in these Terms to “in writing” or “written”, this will include email.
3.4. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
4. Our Products
4.1. Details of the Goods and Services we provide are set out on our Website. For further details about our Goods and Services, please contact us using the contact details provided at Clause 3.1 above.
4.2. The images of the Goods on our Website and in our other advertising materials are for illustrative purposes only. Your Goods may vary slightly from those images. Although we have made every effort to display and print the colours of the Goods accurately, we cannot guarantee that your computer's display of the pictures, or the pictures in our other advertising materials, accurately reflect the colours of the Goods that will be delivered to you.
5. Our Contract with you
5.1. You may only purchase Products from us if you are resident in the UK and you are at least 18 years old.
5.2. All Orders, whether via our Website or over the phone, are subject to these Terms. Before submitting an Order through our Website, you will be required to tick a box to confirm your acceptance of these Terms. If you refuse to accept these Terms, you will not be able to order any Products from us.
5.3. All Orders are subject to our acceptance. After you have submitted your Order, you should receive an email from us acknowledging that we have received your Order. Please note that this does not mean that your Order has been accepted. An order shall only be deemed to be accepted by us when we send you an email confirming your Order, at which point the Contract will come into existence between you and us.
5.4. If we are unable to accept your Order (for example, because Goods you have ordered are out of stock, or because we have identified an error in the price or description of a Product), we will inform you of this and will not process your Order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged, as soon as possible.
6. Changes to Goods
6.1. We may make minor changes to Goods to reflect changes in relevant laws and regulatory requirements. If we have to make any significant changes to any Goods you have ordered, we will notify you and you may choose to continue with or cancel your Contract in respect of the affected Goods.
7.1. The prices of the Goods and Services will be the prices set out on our Website. We take all reasonable care to ensure that the prices of the Goods and Services are correct at the time at which they are notified to you. However, it is always possible that, despite our reasonable efforts, the prices we notify to you may be incorrect. Please see clause 7.4 for what happens if we discover an error in the price of any Product you order.
7.2. All prices are shown in pounds sterling. The price of the Goods and Services includes VAT (where applicable) at the relevant current rate chargeable for the time being. However, if the rate of VAT changes between the date of your Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods or Services in full before the change in VAT takes effect.
7.3. Prices for our Goods and Services may change from time to time, but changes will not affect any Order you have already placed and that we have accepted (except in the circumstances set out in clause 7.2).
7.4. If we discover that the correct price of any Goods or Services at the date of your Order is higher than the price stated on our Website or communicated to you when you placed your Order, we will contact you as soon as possible to inform you of this error and to confirm whether you wish to continue with the Order or cancel your Order. If we have processed your Order where such a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund to you any sums you have paid and require the return of any Goods or Services provided to you.
8.1. You must pay for the Goods and/or Services ordered (including all applicable delivery charges), and we will charge the card you have chosen to use to pay for your Order before we dispatch the Products. Where you have sent us a cheque in respect of telephone Orders, we will take payment on receipt of the cheque, and the relevant Goods and Services will only be supplied after the cheque has cleared in full.
9. Delivery of the Goods and performance of Services
9.1. The delivery charges for the Goods will be as indicated on the order pages of our Website when you place your Order. Further information about delivery charges can be found on our Website. Please check and ensure that you select the correct method of delivery for your Order.
9.2. For certain larger appliances which we refer to as Major Domestic Appliances, which require a two man delivery, you will need to book a nominated delivery date with our delivery partner through our online booking portal, as notified to you during the order process. Once such delivery date has been booked, our delivery partners will provide you with delivery updates prior to delivery of such Order.
9.3. For delivery of all other Goods, standard estimated times for delivery are stated from the date we accept your Order. Any delivery dates provided are estimates only.
9.4. If no one is available at your address to take delivery of the Goods, we will contact you to rearrange delivery, or in the case of small appliances where our delivery partner has been unable to deliver the Goods to your address on two occasions, to inform you to collect the Goods from our delivery partner’s local depot or collection point.
9.5. If the case of a failed delivery of a larger appliance referred to in clause 9.2 above, in the event that you do not re-arrange delivery, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the Contract and clause 13 will apply.
9.6. If you have not received your Goods by the estimated delivery date, please contact us to let us know immediately. If there is a problem with the delivery of your Goods, we will provide you with a revised delivery date.
9.7. If you have ordered installation services, such services will be provided on the nominated delivery date referred to in clause 9.2 above, and if you have ordered recycling services, we will collect the relevant Goods for recycling at the time of delivery. If you have ordered repair services, our service agent will contact you to arrange.
9.8. If you do not allow us access to your property to deliver the Goods or perform the Services (if applicable) as arranged (and you do not have a good reason for this), we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you to rearrange access to your property, we may end the Contract and clause 13 will apply.
9.9. Delivery of your Order for Goods shall be complete when we deliver the Goods to the address you gave us or to a person nominated by you to receive the Goods (if applicable) and the Goods will be your responsibility from that time.
9.10. You will own the Goods once we have received payment in full.
10. International Delivery
10.1. We deliver to destinations in the UK only.
11. Your right to cancel the contract
11.1. If you are a consumer and reside in the European Economic Area, you have a legal right to cancel your Contract if you change your mind until 14 days after you receive (or someone you nominate receives) the Goods, or, if your Goods are delivered in instalments, you have until 14 days after the date you receive (or someone you nominate receives) the last instalment. If you have purchased Services, you have until 14 days after the date we confirm that we accept your Order, unless we have completed the Services or the Services consist of urgent repairs which you have requested us to carry out, in which case you cannot change your mind even if the 14-day period has not yet expired. Advice about this legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
11.2. To cancel a Contract under clause 11.1, you just need to let us know that you have decided to cancel within the timescale set out in clause 11.1. The easiest way to inform us of your decision to cancel your Contract is to contact us using the contact details set out in Clause 3.1. If you are emailing or writing to us, please include details of your Order to help us identify it.
11.3. If you cancel your Contract under clause 11.1 after the Goods have been dispatched to you or you have received the Goods, then you must either:
(a) return them to us at Product Care Group Limited, Greenbank Business Park, Swan Lane, Hindley Green, Wigan, WN2 4AY; or
(b) in the case of larger appliances, allow us to collect them from you. Please call us on 01942 521918 or email us at firstname.lastname@example.org to arrange collection.
11.4. Unless the Goods are faulty or not as described (in this case see clause 12), we reserve the right to charge you for the direct cost of collecting the Goods that we incur. The cost of collecting the Goods depends on the nature of the Goods, and are set out on our website here. If you are exercising your right to change your mind, you must send back the Goods to us or hand the Goods over to us for collection, within 14 days of telling us you wish to end the Contract.
11.5. If you cancel your Contract in accordance with clause 11.1 we will:
(a) refund you the price you paid for the relevant Goods or Services. However, please note that we are permitted by applicable law to reduce your refund in the following circumstances:
(i) in respect of Goods, 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; and
(ii) in respect of Services, we may deduct from your refund a reasonable amount for the Services supplied to you up to the time when you told us you had changed your mind;
(b) refund any charges you have paid for delivery of the Goods to you, although, as permitted by law, the maximum refund for delivery costs will be the least expensive delivery method we offer to your delivery destination; and
(c) make any refunds due to you:
(i) in respect of Services, within 14 days after you inform us of your decision to cancel the Contract; or
(ii) in respect of Goods, if you have received the Goods, within 14 days after the day on which we receive the Goods back from you.
11.6. Any refund will be paid by the method you used for payment.
12. Faulty of mis-described Goods or Services
12.1. We are under a legal duty to supply Goods and Services that are in conformity with the Contract and these Terms.
12.2. If you consider that any Goods we have supplied are faulty or mis-described, please notify us using the contact details set out in clause 3.1. You must allow us to collect such Goods in accordance with our reasonable instructions.
12.3. If the Goods are faulty or mis-described you have certain statutory rights which may entitle you to, in certain circumstances, reject the Product and obtain a full refund, or request the repair or replacement of Goods. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Such rights are in addition to any rights you may have under the terms of any applicable product guarantee, which is subject to the terms of the relevant product guarantee.
13. Our rights to end the Contract
13.1. We may end the Contract at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Goods or Services; or
(c) you do not, within a reasonable time, allow us to deliver the Goods to you.
13.2. We may also end the Contract in the circumstances set out in clause 7.4.
13.3. If we end the Contract in any of the situations set out in clause 13.1, we will refund any money you have paid in advance for the Goods or Services 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.
14. Our liability to you
14.1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2. If we are providing Services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that are discovered while providing the Services.
14.3. We only supply the Goods for domestic and private use. If you use the Goods for any commercial, business or resale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.4. We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any matter for which we may not exclude or limit our liability under the Consumer Rights Act 2015 or any other applicable law.
15. Events outside our control
15.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
15.2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties (but not by our own staff), civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks (excluding our own private networks) or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a 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.
15.4. You may cancel a Contract affected by an Event Outside Our Control if there is a risk of substantial delay. To cancel a Contract under this clause 15 please contact us using the details set out in clause 3.1.
16. Intellectual property rights
16.1. All intellectual property rights in the Goods advertised for sale are owned by us or our licensors. The intellectual property rights in those products are protected by intellectual property laws and treaties around the world. All such rights are reserved.
17.1. If you have any complaints about our Goods or Services, you can contact us using the details provided at clause 3.1.
17.2. If you are not satisfied with how we have handled any complaint, you may wish to request that the complaint be referred for alternative dispute resolution (where an independent body considers the facts of the dispute and seeks to resolve it without you having to go to court). Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform, which can be found here.
18. Other important terms
18.1. Nothing in these Terms shall affect your rights as a consumer under the applicable law in the jurisdiction in which you are resident.
18.2. We may transfer our rights and obligations under the Contract to another organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract.
18.3. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
18.4. Each Contract shall be binding upon you and us, and each party’s respective personal representatives, successors and permitted assigns. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
18.5. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18.6. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.7. Please note that these Terms, and any Contract and any dispute or claim arising out of or in connection with it shall be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and/or your Contract or their subject matter. However, nothing in these Terms and/or your Contract will limit your legal rights to bring actions against us or to require proceedings take pace in the country in which you have your usual place of residence.