The following Terms and Conditions are those on which you may (subject to availability) purchase any of the products (the “Website Products”) listed on our website (the “Website”) from Klipspringer Ltd (“Klipspringer”). Retreeva Global is a trading name of Klipspringer Ltd.
These Terms and Conditions of Supply will apply to any contract for the sale of Website Products to you (the “Contract”). Please read these Terms and Conditions of Supply carefully and make sure that you understand them, before ordering any products from our Website. Please note that by ordering any of our products, you agree to be bound by these Terms and Conditions of Supply and the other documents expressly referred to in them. You should print a copy of these Terms and Conditions of Supply or save them to your computer for future reference.
These Terms and Conditions of Supply may be amended from time to time. Every time you wish to order products from our Website, please check these Terms and Conditions of Supply to ensure you understand the terms which will apply at that time.
These Terms and Conditions of Supply are subject to the Klipspringer Ltd Terms and Conditions of Sale at all times unless otherwise notified.
These Terms and Conditions of Supply, and any Contract between us, are only in the English language.
Online Sales Orders through the Shopping Cart and Checkout Area of the Website
- You acknowledge that an order by you constitutes an offer by you to Klipspringer to purchase one or more Website Products, using the shopping cart and checkout application on the Website subject to these Terms and Conditions of Supply.
- The Contract for a particular transaction is concluded at the point where Klipspringer accepts your offer to purchase any Website Product or Products by remitting an order confirmation to you (the “Order Confirmation”).
- Klipspringer may however in its sole discretion reject your order (without liability) if it is unable to fulfill it and will refund any payments made for the unfulfilled portion of your order.
- If Klipspringer is unable to supply you with a product, for example because that product is not in stock or no longer available or because of an error in the price on our Website it will inform you of this by e-mail and will not process your order. If you have already paid for the products, Klipspringer will refund you the full amount as soon as possible.
- If you are a consumer, you may only purchase products from our Website if you are at least 18 years old.
- As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizen’s Bureau or Trading Standards office. Nothing in these Terms and Conditions of Supply will affect these legal rights.
- If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our Website to purchase Products.
- These Terms and Conditions of Supply, and any documents expressly referred to in them (which for the avoidance of doubt includes all of the other Policies) constitute the entire agreement between you and Klipspringer. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us or Klipspringer which is not set out in these Terms and Conditions of Supply or any document expressly referred to in them.
Delivery
All prices quoted are ex-works.
Although prompt delivery is our aim, any quoted delivery date should be treated as an estimate only and is not of the essence of the contract. Where it is desired that our delivery driver assist in unloading operations (and agrees to do so) this will only be undertaken on the understanding that the customer will assume full responsibility for our driver’s health and safety whilst this is being carried out.
Payment
Where relevant, payment is to be made at the checkout using a debit or credit card. In the case of approved accounts only, payment is due net within 30 days of invoice date. Invoices and statements may be sent either by post, fax or electronically. Returned or re-presented cheques will incur a charge of £20 per re-presentation. Klipspringer reserves the right to charge interest at the rate of 2% per calendar month (or part of a month) on all overdue sums, and such interest will remain payable after any court judgment. Payment shall be made in full without any deduction or withholding other than as required by law and the buyer shall not be entitled to assert any credit, set off or counterclaim against Klipspringer in order to justify withholding payment in whole or in part of any amount due.
Reservation of title to goods until payment
Although the risk of damage or loss to the goods shall pass to the buyer immediately upon delivery, the ownership of the goods shall not pass to the buyer until they have been paid for in full and until any other sums which are due to Klipspringer from the buyer have also been paid in full. In the meantime, the buyer shall hold the goods as bailee and trustee for Klipspringer and shall return them to Klipspringer upon request and, if the buyer fails to do so, Klipspringer may enter the premises of the buyer to repossess the goods. Unless the contrary is proved it shall be assumed that the buyer has sold or otherwise parted with possession of goods delivered by Klipspringer in the same order as they were delivered, i.e. first in, first out.
Refunds and Returns
Items correctly supplied against a firm order may not be returned for credit without Klipspringer’s prior agreement and it reserves the right to levy a 15% handling charge. No carriage charge will be re-credited or reimbursed. Goods returned for credit must include the invoice number on which they were purchased before any credit note can be issued and any wrapping must be intact and unmarked. We regret that where goods, correctly supplied, have been specially overprinted or otherwise personalized, or where items have been designed or modified at customer’s request, Klipspringer Ltd would be unable to accept returns or pass credit against these items
Shortages or non-delivery
Written notification must be received by us within 3 days of delivery for shortages or defects and within 2 days of invoice for non-delivery
Responsibility as to fitness for purpose
Notwithstanding any advice that we or Klipspringer may give, it remains the buyer’s responsibility to satisfy himself as to the fitness of the goods for any particular purpose and the goods are sold without any warranty, express or implied, as to their fitness for any particular purpose.
Liability
Our liability and that of Klipspringer in respect of defective goods shall be restricted to defects notified in accordance with condition 6 above and in any event shall (except in the case of death or personal injury caused by our negligence) be limited to refunding that part of the purchase price which relates to the defective item. Under no circumstances shall we or Klipspringer be liable to the buyer for any indirect or consequential loss or damage whatsoever arising under or in respect of any contract or supply to which these Terms and Conditions apply (whether arising from breach of contract, misrepresentation (whether tortious or statutory) tort (including but not limited to negligence, breach of statutory duty or otherwise) even if we or Klipspringer were aware of the possibility that such loss or damage might be incurred by the buyer.
Revision of prices and specifications
We will maintain prices as long as possible but they may be altered without notice. Goods will be invoiced at prices ruling at date of despatch. In line with our policy of progressive development of our product ranges, we reserve the right to alter specifications without prior notice.
Intellectual Property
All intellectual property rights in any items created by or provided by Klipspringer or us are our sole property to the fullest extent permitted by law. This includes, without limitation, trademarks, copyright, inventions, designs, catalogues, literature, electronic processes and any other intellectual or industrial property rights of any kind.
Value Added Tax
Prices are subject to VAT at standard rate where applicable
Third party rights excluded
Except that rights conferred hereunder on Klipspringer shall (where the context permits) benefit us also and vice versa the Contracts (Rights of Third Parties) Act 1999 shall not apply.
Events outside Klipspringer’s Control
- Klipspringer will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a Contract that is caused by any act or event beyond its reasonable control, including without limitation, strikes, lock-outs or other industrial action by third parties, 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 or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
- If any such act or event takes place that affects the performance of its obligations under a Contract:
Klipspringer will contact you as soon as reasonably possible to notify you; and
its obligations under a Contract will be suspended and the time for performance of its obligations will be extended accordingly. Where such act or event affects its delivery of products to you, Klipspringer will arrange a new delivery date with you after the act or event is over.
Severability
If any of the foregoing Terms and Conditions or part of any of them shall be found to be illegal or unenforceable it shall be severed and the remainder of these Terms and Conditions shall continue in full force and effect.
Last updated 01/05/2018.