Help and Guides > Terms & Conditions for Online Sales

Terms & Conditions for Online Sales

IMPORTANT NOTICE

This page (together with our Privacy Policy) tells you information about us and the legal terms and conditions (‘Terms’) on which we sell any of the goods or services (‘Goods’ or ‘Services’) listed on our website (‘our site’) to you (‘you’ or ‘Customer’).

We operate the website www.kitepackaging.co.uk. We are Kite Packaging Limited, a company registered in England and Wales under company number 04680835 and with our registered office and main trading address at 186 Torrington Avenue, Tile Hill, Coventry, CV4 9AJ. Our VAT number is 765 3496 93 (‘we’, ‘us’, ‘our’ or ‘Company’).

These Terms will apply to any contract between you and us for the sale of Goods to you (‘Contract’) whether you are purchasing as a consumer or as a business. As a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

For the purposes of these Terms, only persons who purchase Goods through our site for purposes which are wholly or mainly outside such person’s trade, business, craft or profession will be deemed a consumer for the purposes of the Contract.

Please read these Terms carefully and make sure that you understand them, before ordering any Goods from our site. Please note that by ordering any of our Goods, you agree to be bound by these Terms and the other documents expressly referred to in it.

Please click on the button marked "I Accept" at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Goods from our site.

You should print a copy of these Terms for future reference.

We amend these Terms from time to time as set out in condition 3.5 Every time you wish to order Goods please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated in April 2015.

These Terms, and any Contract between us, are only in the English language.

1 preliminary information

1.1 If you purchasing as a consumer, you may only purchase Goods from our site if you are at least 18 years old.
1.2 If you are purchasing as a business and not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Goods.

2 quotation

2 Any quotations given by the Company unless otherwise stated in them shall be open for acceptance within 30 days of the date of the quotation.

3 formation of Contract

3.1 Once you have selected your Goods and placed them in the shopping basket, you will be required to login as an existing customer, or register with us as a new customer, before placing any orders. You are advised to read our Privacy Policy prior to such registration. Once you have submitted your login or registered with us, you will be directed to our secure order form (‘Secure Order Form’) where a summary of your order will be displayed. At the Secure Order Form stage, you will be required to submit your order for card payment, payment via PayPal or request a proforma invoice for payment by cheque or BACS.
3.2 Our order process allows you to check and amend any errors before submitting your order. Please take the time to read and check your order at each page of the order process.
3.3 Once your payment has been processed, we will issue you with an order confirmation number (‘Order Confirmation’). The Contract will only be formed when we issue you with the Order Confirmation.
3.4 These Terms shall be incorporated in the Contract to the exclusion of any terms or conditions stipulated or referred to by the Customer or which are implied by trade, custom, practice or course of dealings.
3.5 No variation or amendment of these Terms or oral promise or commitment related to the Contract shall be valid unless committed to writing and signed by or on behalf of the Company which, in the case of any variation to these Terms, shall be deemed to be authorised by the Company when displayed on our site.

4 prices and quantity

4.1 The Company cannot guarantee exact quantities in respect of any Goods supplied and shall be deemed to have fulfilled its obligation under the Contract by delivery or manufacture of a quantity of the Goods plus or minus ten percent of the quantity specified in the Contract.
4.2 The Prices for the Goods displayed on our site exclude delivery and VAT. Delivery charges and VAT shall be added during the ordering process and will be displayed on the Secure Order Form before you place an order. To check the applicable delivery charges that will apply, please refer to our Delivery Information page.
4.3 The Company shall have the right to adjust its prices for any increase in the price of materials, parts, labour, and transport, changes in work of delivery schedules or quantities or any other costs of any kind arising for any reason prior to delivery of the Goods. In such circumstances, the Company shall notify you. Where you are purchasing as a consumer, you have the right to cancel the Contract if the Company notifies you of any increase in the price in accordance with this condition 4.3.
4.4 Our site contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on our site may be incorrectly priced. If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Goods to you at the incorrect (lower) price.

5 payment

5.1 You can pay for the Goods using a debit card or credit card, by PayPal or by BACS or cheque (in respect of which we will raise a proforma invoice). We accept the following cards :Visa, Mastercard, American Express and Maestro.
5.2 We will not despatch your order until payment is received.

6 delivery

6.1 Unless otherwise and previously agreed in writing (on each occasion) between the Company and you, acceptance by you of the Goods which have been ordered shall occur upon delivery, or attempted delivery, to you.
6.2 If you fail to take delivery, the Company is entitled to consider the order cancelled and charge a re-stock fee, or if agreed in writing (or where you are purchasing as a consumer) the Company may redeliver, but is entitled to charge a re-delivery fee.
6.2.1 Any date of delivery given by the Company to you shall be an estimate date only and while the Company will endeavour to comply with such date the Company shall not be responsible for late delivery and time shall not be of the essence of the Contract.
6.2.2 Without prejudice to the generality of the foregoing the Company shall not be liable for late delivery or failure to deliver through any cause which is beyond the reasonable control of the Company.
6.3 Where the Company offers Goods for next day delivery this is on the assumption that the Goods are normally held in stock. If at any time a next day delivery order is placed by you, but the Goods are not available for whatever reason, the Company shall notify you, and rearrange delivery and offer to dispatch on a next day basis at the earliest available opportunity. You should refer to the Delivery Information page for more information.
6.4 You may place an order for Goods from outside the UK, but the order must be for delivery to an address in the UK (excluding BFPO addresses). The Company does not delivery to addresses outside the UK (excluding BFPO addresses).

7 risk, delivery and performance

7.1 The Goods are delivered to the Customer when the Company makes them available to the Customer or any agent of the Customer or any carrier (who shall be the Customer’s agent whoever pays its charges) at the Company’s premises or other delivery point agreed by the Company.
7.2 Risk in the Goods passes when they are delivered to the Customer.
7.3 The Company may at its discretion deliver the Goods by instalments in any sequence.
7.4 Where the Goods are delivered by instalments, no default or failure by the Company in respect of any one or more instalments shall vitiate the Contract in respect of the Goods previously delivered or undelivered Goods.
7.5 The Company may deliver to the Customer and the Customer shall accept in satisfaction of the Contract a lesser number than the number of Goods and Services ordered in accordance with condition 4.1.
7.6 The Customer shall own the Goods once the Company has received payment in full, including all applicable delivery charges.
7.7 If the Customer fails to take delivery of the Goods or any part of them on the due date and to provide any instructions or documents required to enable the Goods to be delivered on the due date, the Company may on giving written notice to the Customer store or arrange for the storage of the Goods, and on the service of the notice risk in the Goods shall pass to the Customer, delivery of the Goods shall be deemed to have been taken place, and the Customer shall pay to the Company all costs and expenses including storage and insurance changes arising from its failure.
7.8 The Company shall not be liable for any penalty, loss, injury, damage or expense arising from any delay or failure in delivery or performance from any cause at all nor shall any such delay or failure entitle the Customer to refuse to accept any delivery or performance of or repudiate the Contract.
7.9 For non-defective goods returned by the Customer to the Company within 7 days of their delivery, the Company will refund the price paid minus a re-stocking administration fee of 15% of the value of the order (except where the Customer is purchasing as a consumer).
7.10 For goods returned by the Customer after 7 days from their delivery date, the Company will refund the price paid minus a re-stocking charge of 20% of the value of the order (except where the Customer is purchasing as a consumer).

8 Defects and claims notification

8.1 Any claim that any Goods have been delivered damaged, are not of the correct quantity, do not comply with their description or are not of satisfactory quality (‘Defect’) must be notified by the Customer to the Company within 7 days of their delivery.
8.2 Any alleged Defect with the Goods must be notified by the Customer to the Company within 7 days of the delivery of the Goods or in the case of any Defect which is not reasonably apparent on inspection within 2 days of the Defect coming to the Customer’s attention and in any event within the following periods:
(a) for Goods manufactured by the Company 6 months from the date of delivery; and
(b) for Goods not of the Company’s manufacture the warranty period given by the manufacturer to the Company.
8.3 Any claim under this condition 8 must be in writing and must contain full details of the claim including the reference numbers of any allegedly defective Goods.
8.4 The Company shall be afforded reasonable opportunity and facilities to investigate any claims made under this condition and the Customer shall if so requested in writing by the Company promptly return any Goods subject of any claim and any packing materials securely packed and paid to the Company for examination.
8.5 Where the Customer is purchasing as a business, the Company shall have no liability with regard to any claim in respect of which the Customer has not complied with the claims procedures in this condition 8..
8.6 If the Customer establishes that any Goods have not been delivered, have been delivered damaged, are not of the correct quantity or do not comply with their description the Company shall, at its option:
(a) replace with similar Goods any Goods which are missing, lost or damaged or do not comply with their description; or
(b) accept the return of the goods and credit the Customer with the price thereof; or
(c) make the Customer an allowance being the difference between the value of the goods at the time of the complaint by the Customer and the price of the Goods.
8.7 If the Customer establishes that any Goods are defective the Customer must return those Goods, to the Company which will be repaired or replaced at the Company’s discretion and according to manufacturers warranty. If the Goods can not be replaced or repaired within 3 months of the Company’s receipt thereof the Company may credit the Customer in part or in full at its own discretion.
8.8 If the Customer returns to the Company any Goods for repair and some are found to be fault free then the Company may, at its own discretion, charge the Customer for its reasonable handling costs.
8.9 The delivery of any repaired or replacement Goods shall be to the Customer’s premises or other delivery point specified for the original Goods.
8.10 Where the Company is liable in accordance with this condition in respect of only some or part of the Goods the Contract shall remain in full force and effect in respect of the other or other parts of the Goods and no set-off or other claim shall be made by the Customer against or in respect of such other or other parts of the Goods.
8.11 No claim against the Company shall be entertained for any Defect arising from any design or specification provided or made by the Customer or if any adjustment, alteration or other work has been done to the Goods by any person except the Company.
8.12 Where the Customer is purchasing as a consumer, the warranty contained in this condition 8 is in addition to the Customer’s legal rights.

9 scope of contract

Under no circumstances shall the Company have any liability of whatever kind for:
9.1 any Defects resulting from wear and tear, accident, improper use by the Customer or use by the Customer except in accordance with the written instructions or advice of the Company or the manufacturer of any Goods ;
9.2 any Goods which have been adjusted, modified or repaired except by the Company;
9.3 the suitability of any Goods for any particular purpose or use under specific conditions whether or not the purpose or conditions were known or communicated to the Company;
9.4 any substitution by the Company of any materials or components not forming part of any specification of the Goods agreed in writing by the Company;
9.5 any descriptions, illustrations, specifications, figures as to performance, drawings and particulars of weights and dimensions submitted by the Company or contained in the Company’s catalogues, price lists or elsewhere since they are merely intended to represent a general idea of the Goods and not to form part of the Contract or to be treated as representations;
9.6 any technical information, recommendations, statements or advice furnished by the Company its servants or agents not given in writing in response to a specific written request from the Customer before the Contract is made; or
9.7 any variations in the quantities or dimensions of any Goods or changes of their specifications or substitution of any materials or components, if the variation or substitution does not materially effect the characteristics of the Goods, and the substituted materials or components are of a quality equal or superior to those originally specified.

10 extent of liability where Customer is purchasing as a business

10.1 Without prejudice to the generality of the foregoing provisions but subject to condition 10.5, the Company shall not in any event be liable to the Customer in contract or tort or otherwise for any indirect or consequential loss or damage whenever or howsoever arising.
10.2 Subject to condition 10.5,the Company shall have no liability to the Customer for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of the Contract or any negligence, breach of statutory or other duty on the part of the Company or in any way of or in connection with the performance of or failure to perform the Contract except for death or personal injury resulting from the Company’s negligence, and expressly stated in these conditions.
10.3 Subject to condition 10.5, in no circumstances shall the liability of the Company to the Customer under the Contract exceed the total price paid or payable for the Goods under the Contract.
10.4 The Company shall not be bound by any warranty or representation given by or made on its behalf unless specifically stated in writing and expressly signed stating it is to be incorporated in these Terms.
10.5 Nothing in these Terms excludes or limits the Company’s liability for:
(a) death or personal injury caused by its negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability that cannot be limited or excluded by law.
10.6 This condition 10 only applies if the Customer is purchasing as a business.
10A extent of liability where the Customer is purchasing as a consumer
10A.1 If the Company fails to comply with the Terms, it is responsible for loss or damage suffered by the Customer that is a foreseeable result of its breach of the Terms or its negligence, but it is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of the Company’s breach or if they were contemplated by the Customer and the Company at the time the parties entered into the Contract.
10A.2 Where the Customer is purchasing as a consumer, the Company only supplies the Goods for domestic and private use. The Customer agree not to use the Goods for any commercial, business or re-sale purposes, and the Company has no liability to the Customer for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10A.3 Nothing in these Terms excludes or limits the Company’s liability for:
(a) death or personal injury caused by its negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability that cannot be limited or excluded by law.
10A.4 This condition 10A only applies if the Customer is purchasing as a consumer.

11 general

11.1 The Company may sub-contract the performance of this Contact in whole or in part.
11.2 The Customer shall not assign or transfer or sub-contract the Contract in whole or in part without first obtaining the Company’s written consent. It shall be a condition of any such consent t that the Customer shall:
(a) ensure and be responsible for the compliance by any assignee, transferee or sub-contractors with the terms of the Contract;
(b) include in the assignment, transfer or sub-contract provisions consistent with these Terms for the benefit of and enforceable by the Company; and
(c) furnish the Company with copies of any assignment, transfer or sub-contract upon the Company’s request at any time.
11.3 The Company may at its discretion suspend or terminate the supply of any Goods if the Customer fails to make any payment when and as due or otherwise defaults in any its obligations under this Contract or any other contract with the Company, or becomes insolvent, has an administrative receiver appointed of its business or is compulsorily or voluntarily wound up or suffers an event similar or analogous to the foregoing.
11.4 If the Goods are manufactured in accordance with any design or specification provided or made by the Customer the Customer shall compensate the Company in full on demand for all claims, expenses and liabilities of any nature in connection with them, including any claim, whether actual or alleged, that the design or specification infringes the rights (including intellectual property rights) of any third party.
11.5 All tools, patterns, materials, drawings, specifications and other data provided by the Company shall remain its property except for any which is expressly agreed to be included in the Goods.

12 title

12.1 The Company shall transfer only such title or rights in respect of the Goods as the Company has and if the Goods are purchased from a third party shall transfer only such title or rights as that party has transferred to the Company.
12.2 Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Company and shall not pass to the Customer until the amount due under the Contract for such Goods has been paid in full.
12.3 Until title passes the Customer shall hold the Goods as bailee for the Company and shall store or mark them so that they can at all times be identified as the property of the company.
12.4 The Company may at any time before title passes and without any liability to the Customer repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Customer’s right to use, sell or otherwise deal in them and (for that purpose or determining what if any Goods are held by the Customer and inspecting them) enter any premises of or occupied by the Customer.
12.5 The Company may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Customer.

13 confidentiality

13 The Customer shall not at any time whether before or after the termination of this Contract divulge or use any unpublished technical information deriving from the Company or any other confidential information in relation to the Company’s affairs or business method of carrying on business.

14 cancellation

14.1 Orders for Goods which have to be manufactured specifically for the Customer will be charged in full unless written notice of cancellation is received not later than 2 weeks before the expected delivery date quoted in the Company’s or its supplier's order, provided manufacture of them or any components for them has not commenced at the date of that notice.
14A Customer right of return and refund where purchasing as a consumer
14A.1 This condition 14A only applies where the Customer is purchasing as a consumer.
14A.2 If the Customer is purchasing as a consumer, the Customer have a legal right to cancel a Contract during the period set out below in condition 14A.4. This means that during the relevant period if the Customer changes its mind or for any other reason it decides it does not want to keep the Goods, it can notify the Company of its decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from the Customer’s local Citizens' Advice Bureau or Trading Standards office.
14A.3 However, this cancellation right does not apply in the case of:
(a) any Goods made to the Customer’s specification or clearly personalised;
(b) newspapers, periodicals or magazines;
(c) perishable goods, such as food, drink or fresh flowers;
(d) software, DVDs or CDs which has a security seal which has been opened or unsealed.
14A.4 The Customer’s legal right to cancel a Contract starts from the date of the Order Confirmation, which is when the Contract is formed. If the Goods have already been delivered to the Customer, the Customer has a period of [7 (seven)] working days in which it may cancel, starting from the day after the day the Customer received the Goods. Working days means that Saturdays, Sundays or public holidays are not included in this period.
14A.5 To cancel a Contract, the Customer should complete the online returns form which can be accessed via the Returns Policy page.
14A.6 The Customer will receive a full refund of the price it paid for the Goods and any applicable delivery charges. The Company will process the refund due to the Customer as soon as possible and, in any case, within 30 calendar days of the day on which the Customer gives notice of cancellation.
14A.7 The Company will refund the Customer by the same method used by the Customer to pay.
14A.8 If the Goods are delivered to the Customer:
(a) the Customer must return the Goods to the Company as soon as reasonably practicable;
(b) unless the Goods are faulty or not as described (in this case, see condition 8), the Customer will be responsible for the cost of returning the Goods.
(c) the Customer has a legal obligation to keep the Goods in its possession and to take reasonable care of the Goods while they are in its possession.
14A.9 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Order Confirmation.
14A.10 As a consumer, the Customer will always have legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by the returns policy in this condition 14A or these Terms. Advice about legal rights is available from the local Citizens' Advice Bureau or Trading Standards office.

15 force majeure

15 The Company shall not be liable for any act or omission arising which shall render performance of the Contract impossible or shall in any way have the effect of frustrating the common cause where such act or omission is beyond the control of either the Company or the Customer or was not reasonably foreseeable by them. Such acts or omissions shall have the effect of automatically terminating the Contract.

16 law and jurisdiction

16 These Terms and Conditions shall in all respects be construed and interpreted in accordance with the laws of England and Wales and the parties irrevocably submit to the non-exclusive jurisdiction of the English courts.

17 notices

17.1 Any notice given under this Contract shall be in writing and may be served personally, by registered or recorded delivery mail, fax transmission, email or by any other means which any party specifies by notice to the other.
17.2 A notice shall be deemed to have been served:
- if it was served in person, at the time of service,
- if it was served by post, the day after the day after posting,
- if it was served by fax or email transmission, at the time of transmission.

18 miscellaneous

18.1 If any provision or part of any provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part of any provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision shall not affect the validity and enforceability of the rest of these Terms.
18.2 The Contracts (Rights of Third Parties) Act 1999 is expressly excluded from the Contract.
18.3 No failure or delay by the Company to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.