Terms & Conditions
DEFINITIONS
1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Seller and the Buyer for
the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 "Goods" means the articles that the Buyer agrees to buy from the Seller;
1.5 "Seller" means Bradshaw Taylor Ltd, trading as ‘Keen Footwear UK’ or 'www.keenfootwear.co.uk' of
16 Mill Street, Oakham, Rutland, LE15 6EA that owns and operates
www.keenfootwear.co.uk;
1.6 "Terms and Conditions" means the terms and conditions of sale set
out in this agreement and any special terms and conditions agreed in
writing by the Seller;
1.7 "Website" means www.keenfootwear.co.uk
CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale
of Goods by the Seller to the Buyer and shall prevail over any other
documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive
evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special
terms and conditions agreed between the parties) shall be inapplicable
unless agreed in writing by the Seller.
2.5 Any complaints should be addressed to the Seller's address stated in clause 1.5.
ORDERING
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to
purchase Goods pursuant to these Terms and Conditions and are subject to
acceptance by the Seller. The Seller may choose not to accept an order
for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock
the Buyer shall be notified and given the option to either wait until
the Goods are available from stock or cancel the order and receive a
full refund within 30 days.
3.3 When making an order through the Website, the technical steps the
Buyer needs to take to complete the order process are to add a product
to the basket by clicking ‘add to basket’ and following the instructions
on screen to proceed through the checkout pages, supplying the
appropriate details along the way. A confirmation email will be sent to
the customer of the order.
PRICE AND PAYMENT
4.1 The price of the Goods shall be that stipulated on the Website. The
price is inclusive of VAT. The price excludes delivery charges which can
be seen in the basket area of the website.
4.2 The total purchase price, including VAT and delivery charges, if
any, will be displayed in the Buyer’s shopping cart prior to confirming
the order.
4.3 After the order is received the Seller shall confirm by email the
details, description and price for the Goods together with information
on the right to cancel if the Buyer is a Consumer.
4.4 Payment of the price plus VAT and delivery charges must be made in full before dispatch of the Goods.
RIGHTS OF SELLER
5.1 The Seller reserves the right to periodically update prices on the
Website, which cannot be guaranteed for any period of time. The Seller
shall make every effort to ensure prices are correct at the point at
which the Buyer places an order.
5.2 The Seller reserves the right to withdraw any goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
AGE OF CONSENT
6.1 Where Goods may only be purchased by persons of a certain age the Buyer
will be asked when placing an order to declare that they are of the
appropriate legal age to purchase the Goods.
6.2 If the Seller discovers that the Buyer is not legally entitled to
order certain Goods, the Seller shall be entitled to cancel the order
immediately, without notice.
WARRANTY
The Seller warrants that the Goods will at the time of dispatch correspond
to the description given by the Seller. Except where the Buyer is
dealing as a Consumer, all other warranties, conditions, or terms
relating to fitness for purpose, merchantability or condition of the
Goods, whether implied by Statute, common law or otherwise are excluded,
and the Buyer is satisfied as to the suitability of the Goods for the
Buyer’s purpose.
DELIVERY
8.1 Goods supplied within the UK will normally be delivered within 28 working days of acceptance of order.
8.2 Goods supplied outside the UK will normally be delivered within 31 working days of acceptance of order.
8.3 Where a specific delivery date has been agreed, and where this
delivery date cannot be met, the Buyer will be notified and given the
opportunity to agree a new delivery date or receive a full refund.
8.4 The Seller shall use its reasonable endeavours to meet any date
agreed for delivery. In any event time of delivery shall not be of the
essence and the Seller shall not be liable for any losses, costs,
damages or expenses incurred by the Buyer or any third party arising
directly or indirectly out of any failure to meet any estimated delivery
date.
8.5 Delivery of the Goods shall be made to the Buyer’s address specified
in the order and the Buyer shall make all arrangements necessary to
take delivery of the Goods whenever they are tendered for delivery.
8.6 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
CANCELLATION AND RETURN
9.1 The Buyer shall inspect the Goods immediately upon receipt and shall
notify the Seller by email (help@keenfootwear.co.uk) or telephone
(tel. 01572 772505) within 7 working days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
9.2 Where a claim of defect or damage is made the Goods shall be
returned by the Buyer to the Seller. The Buyer shall be entitled to a
full refund (including delivery costs) plus any return postal charges if
the Goods are in fact defective.
9.3 If you are a consumer you have the right, in addition to your other
rights, to cancel the Contract and receive a refund by informing the
Seller by email (help@tentree.co.uk) or telephone (tel.
01572 772505) within 7 working days of receipt of the Goods. The right to cancel does not apply to contracts for the supply of software, audio or visual recordings if these have been unsealed by the Consumer.
9.4 Goods must be returned by the Buyer at the Buyer’s expense and
should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery
charges, if any) except for return postal charges within 30 days of
cancellation. If the Buyer fails to return the Goods following
cancellation, the Seller shall be entitled to deduct the cost of
recovering the Goods from the Buyer.
9.5 Goods to be returned must clearly show the order number obtained from the Seller on the package.
9.6 Where returned Goods are found to be damaged due to the Buyer’s
fault the Buyer will be liable for the cost of remedying such damage.
LIMITATION OF LIABILITY
10.1 Except as may be implied by law where the Buyer is dealing as a
Consumer, in the event of any breach of these Terms and Conditions by
the Seller the remedies of the Buyer shall be limited to damages which
shall in no circumstances exceed the Price of the Goods and the Seller
shall under no circumstances be liable for any indirect, incidental or
consequential loss or damage whatever.
10.2 Nothing in these Terms and Conditions shall exclude or limit the
liability of the Seller for death or personal injury resulting from the
negligence of the Seller or that of the Seller’s agents or employees.
WAIVER
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in
the future.
FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of
its obligations if the delay or failure results from events or
circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a
reasonable extension of its obligations.
SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any
time but this right shall not affect the existing Terms and Conditions
accepted by the Buyer upon making a purchase.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
GIFT WITH PURCHASE
Gift with Purchase conditions
form part of these terms and conditions for periods in which the brand Keen Footwear offers a free-of-charge item and/or charitable donation with orders placed through the website.
Orders must be placed online through the www.keenfootwear.co.uk website within the dates specified within the offer.
Some offers may be region specific, only orders placed in the applicable market are included in gift with purchase offers.
Orders must contain at least one item (excluding the gift item) to
qualify. Any additional conditions stipulated by the specific offer must also be adhered to. Failure to comply may result in gift item being
withheld.
The gift items are as stated, non-refundable and are not transferable to another individual and no cash or other alternatives will be offered.
Gift items are subject to availability and can be withdrawn at any time without notice.
The brand reserves the right to amend or alter the terms of ‘gift with purchase’ offers at any time.
In the event of a gift item being unavailable, the promoter reserves the right to offer an alternative gift of equal or greater value.
Offers may be modified or withdrawn at any time.
Only 1 free item will be applied per order.