TERMS OF SALE
BACKGROUND:
Please read these Terms of Sale carefully before placing an order with Us. These Terms of Sale, together with any other documents referred to herein (unless otherwise stated), set out the terms under which Goods and Bespoke Goods are sold by Us to consumers through this website, https://kentdubs.com (“Our Site”
These Terms of Sale explain who We are, how Our Goods and Bespoke Goods will be provided to you, how you or We may change, cancel, or otherwise end the Contract, what to do in the event of problems, and other important information.
These Terms of Sale were last updated on 18 April 2024.
You will be required to read and accept these Terms of Sale when ordering Goods and Bespoke Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods or Bespoke Goods through Our site. These Terms of Sale, as well as all Contracts, are in the English language only.
The following documents may also apply to your use of Our Site:
- Our Terms of Use, available at https://kentdubs.com/terms-conditions/, apply to your use of Our Site. These terms are also referred to below in Parts 3 and 4.
- Our Privacy Policy, available at https://kentdubs.com/privacy-policy/. This is also referred to below in Part 22.
- [Our Cookie Policy, available at https://kentdubs.com/cookie-policy/. This is also referred to below in Part 22.]
- Our Acceptable Usage Policy, available at https://kentdubs.com/acceptable-use-policy/. This is also referred to below in Part 3.
- Definitions and Interpretation
- In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
| Bespoke Goods | means the goods [made] AND/OR [customised] to order, sold by Us through Our Site; |
| Contract | means a contract for the purchase and sale of Goods and/or Bespoke Goods, as explained in Part 10; |
| Contact Tools | means any online communications facility that We make available on Our Site enabling you to contact Us including, but not limited to, contact forms and live chat; |
| Goods | means any goods that are not Bespoke Goods sold by Us through Our Site; |
| Order | means your order for Goods and/or Bespoke Goods; |
| Order Confirmation | means Our acceptance and confirmation of your Order; |
| Order Number | means the reference number for your Order; and |
| We/Us/Our | means Kent Dubs. |
- Unless the context otherwise requires, each reference in these Terms of Sale to:
- writing, and any similar term, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
- a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
- a Part or paragraph is a reference to a section, part, or clause of these Terms of Sale.
- Information About Us
- Our Site is operated by Kent Dubs.Our registered address is 16, Kent Avenue, Ashford, Kent TN24 8NQ United Kingdom. Our Production warehouse is Unit 6, Barton Manor Farm, Old Surrender Manor ROad, Bethersden, Ashford, Kent TN26 3DN
- How to Contact Us
- To contact Us with general questions or complaints by email, live chat, please email Us at paul@kentdubs.com, to contact Us by telephone, please call Us on 07714 290860, and to contact Us by post, please write to Us at 16, Kent Avenue, Ashford, Kent TN24 8NQ.
- To contact Us about the Goods, Bespoke Goods, or your Order by email, live chat, please email Us at paul@kentdubs.com, to contact Us by telephone, please call Us on 07714 290860, and to contact Us by post, please write to Us at 16, Kent Avenue, Ashford, Kent TN24 8NQ.
- To contact Us about cancellations by email, live chat please email Us at paul@kentdubs.com, to contact Us by telephone, please call Us on 07714 290860, and to contact Us by post, please write to Us at 16, Kent Avenue, Ashford, Kent TN24 8NQ.
- We provide the following Contact Tools for you to contact Us:
- Facebook Chat, live chat
- Whatsapp Chat 07714 290860
- Use of Our Contact Tools is subject to Part 3 of Our Terms of Use, available at https://kentdubs.com/terms-conditions/ and Our Acceptable Usage Policy, available at https://kentdubs.com/acceptable-use-policy/.
- Access to Our Site and Use of Our Site
- Access to Our Site is free of charge.
- It is your responsibility to make the arrangements necessary in order to access Our Site.
- Use of Our Site is subject to Our Website Terms of Use, available at https://kentdubs.com/terms-conditions/. Please ensure that you have read them carefully, that you understand them, and that you agree to them.
- Changes to these Terms of Sale
- We may alter these Terms of Sale from time to time, for example, to reflect changes in relevant laws and regulatory requirements. If We do so, details will be highlighted at the top of this page. If the changes are likely to affect your Order, We will inform you in advance by email or Facebook Chat, live chat and you may contact Us to end the Contract before the changes take effect. If you end the Contract for this reason, you will receive a refund for any Goods and/or Bespoke Goods paid for but not received.
- If any part of the current version of these Terms of Sale conflicts with any previous version(s), the current version shall prevail unless We explicitly state otherwise.
- Business Customers
These Terms of Sale do not apply to customers purchasing Goods and/or Bespoke Goods in the course of business. [If you are a business customer, please consult our Business Terms of Sale at https://kentdubs.com/terms-conditions/.]
- Goods, Descriptions, and Changes
- We make all reasonable efforts to ensure that all descriptions and images of Goods and Bespoke Goods available from Us on Our Site match the actual Goods and Bespoke Goods. Please note:
- Images of Goods and Bespoke Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product due to differences in computer or device displays and lighting conditions and, in the case of Bespoke Goods, variations resulting from your specific requirements;
- Images or descriptions of packaging are for illustrative purposes only and the actual product and packaging may vary.
- Please note that Part 8.1 does not exclude Our responsibility for mistakes due to Our negligence. It refers only to minor variations in the correct Goods and/or Bespoke Goods, not to different products altogether. If you receive Goods and/or Bespoke Goods that are not as described, please refer to Part 14.
- Minor changes may be made to certain Goods and/or Bespoke Goods from time to time. This may happen between you placing your Order and the Goods and/or Bespoke Goods being dispatched.
- We make all reasonable efforts to ensure that all descriptions and images of Goods and Bespoke Goods available from Us on Our Site match the actual Goods and Bespoke Goods. Please note:
Minor changes may be made, for example, to reflect changes in relevant laws and regulatory requirements or to address particular technical or security issues.
Minor changes will not change the main characteristics of the Goods and/or Bespoke Goods and will not affect your use of them.
- Pricing
- We make all reasonable efforts to ensure that prices shown on Our Site are correct. We may change prices from time to time. Changes in price will not affect any Order that you have already placed. Please note, however, that changes in VAT will, as explained below in Part 9.2.
- All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
- All prices are checked before We accept your Order. If We have shown incorrect pricing information, We will inform you of the mistake in writing.
If the correct price is lower than that shown when you make your Order, We will simply charge you the lower price.
If the correct price is higher than that shown when you make your Order, We will give you the option to purchase the Goods and/or Bespoke Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If you do not respond within 14 days, We will treat your Order as cancelled and inform you of the cancellation in writing.
- If We mistakenly accept and process an Order where an obvious and unmistakeable pricing error has been made, which you could have reasonably recognised as mispricing, We have the right to end the Contract, refund any sums paid, and require you to return the affected Goods and/or Bespoke Goods to Us.
- Delivery charges are not included in the price of Goods or Bespoke Goods shown on Our Site. For more information on delivery charges, please refer to https://kentdubs.com/delivery-and-shipping/. Delivery options and related charges will be presented to you as part of the order process.
- Orders and How Contracts Are Formed
- Our Site will guide you through the ordering process. Before submitting your Order, you will be given the opportunity to review and amend it. Please ensure that you check your Order carefully before submitting it.
- If you order Bespoke Goods from Us, We will make AND customise them to your specifications and requirements, as detailed in the descriptions accompanying such products on Our Site. When you place an Order for Bespoke Goods, We will provide details of the information required from you.
- When placing an Order for Bespoke Goods, please ensure that all information that you provide to Us is correct, accurate, and complete. We cannot accept the return of any Bespoke Goods if that return is due to incorrect information provided by you. Please note that this does not affect your legal rights.
- If you provide Us with incorrect or incomplete information during the order process, please contact Us as soon as possible. Where any information is required, it will be stated on Our Site, either in the product descriptions or during the order process, as applicable.
If We cannot process your Order due to incorrect or incomplete information, We will contact you to ask you to correct it or provide the missing information required for Us to supply the Goods and/or Bespoke Goods to you.
If you do not provide the required information within a reasonable period of Us asking for it, or if the information is inaccurate or incomplete, We may either end the Contract or charge you a reasonable sum as compensation for the extra work required as a result.
We will not be responsible for supplying the affected Goods and/or Bespoke Goods late or for not supplying the affected Goods and/or Bespoke Goods if this is due to you not providing Us with the required information within a reasonable period of Us asking for it.
- No part of Our Site constitutes a contractual offer capable of acceptance.
Your Order constitutes a contractual offer. Our acceptance of that offer is indicated by Us sending you an Order Confirmation by email.
Only once we have sent you an Order Confirmation will there be a legally binding Contract between Us and you for the sale of the Goods and/or Bespoke Goods.
- Order Confirmations contain the following information:
- Your Order Number;
- Confirmation of the Goods and/or Bespoke Goods ordered including full details of their main characteristics;
- Fully itemised pricing for the Goods and/or Bespoke Goods ordered including, where appropriate, taxes, delivery, and other additional charges;
- Estimated delivery date(s) and time(s).
- We will also include a paper copy of your Order Confirmation with your Goods and/or Bespoke Goods.
- Please quote your Order Number if you contact Us about your Order for any reason. You do not have to do this, but it may help Us to locate your Order and help you more quickly and easily.
- In the unlikely event that We cannot accept your Order, We will inform you in writing and explain why. No payment will be taken under normal circumstances. If We have taken payment, any such sums will be refunded.
We may not accept your Order because the Goods and/or Bespoke Goods are out of stock, because of unexpected limits on Our resources that We could not have reasonably planned for, because We have identified a mistake in the description or price of the Goods and/or Bespoke Goods, or because We are not able to meet a delivery deadline that you have set.
- Payment
- Payment for Goods and/or Bespoke Goods and related delivery charges must always be made in advance. You will be prompted to provide payment details during the ordering process.
- We accept the following methods of payment:
Credit and Debit Cards.
- If you believe that We have charged you an incorrect amount, please contact Us as soon as possible to let Us know. You will not be charged interest under Part 11.4 on any sums disputed in good faith under this Part 11.5.
- When You Own the Goods and/or Bespoke Goods
Ownership of the Goods and/or Bespoke Goods passes to you once We have received payment in full of all sums due.
- Delivery
- All Goods and/or Bespoke Goods purchased through Our Site will normally be delivered within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the ordering process.
- We will not be responsible for delays that are outside of our reasonable control. If delivery is delayed for such a reason, We will inform you as soon as possible and will take steps to minimise the impact of the delay.
- If there is a risk of a substantial delay to delivery, you may contact Us to end the Contract and will be refunded any sums paid for Goods and/or Bespoke Goods that you have not received.
- If you (or someone on your behalf) are not available at your address to take delivery of the Goods and/or Bespoke Goods and they cannot be posted through your letterbox, We will leave a note informing you of how to arrange for re-delivery or of where to collect the Goods and/or Bespoke Goods.
- If you do not arrange to have the Goods and/or Bespoke Goods re-delivered or do not collect them, We will contact you to ask for further instructions.
We may charge you for storage and for further delivery costs. If, despite Our reasonable efforts, We cannot contact you or cannot arrange for re-delivery or collection of the Goods, We may end the Contract. If this happens, in the case of Goods, you will be issued with a refund. In the case of Bespoke Goods, No refund will be given. We may deduct a reasonable sum in compensation for any net costs incurred by Us as a result.
- In the unlikely event that We do not deliver the Goods and/or Bespoke Goods on time (within 30 calendar days of the Order Confirmation or as otherwise agreed or specified), you have certain legal rights. If any of the following apply, you may treat the Contract as being at an end immediately:
- We have refused to deliver the Goods and/or Bespoke Goods;
- In light of all relevant circumstances, delivery within the specified or agreed time period was essential; or
- You told Us when ordering the Goods and/or Bespoke Goods that delivery within the specified or agreed time period was essential.
- If you do not wish to cancel under Part 13.7, or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If We fail to meet the new deadline, you may then treat the Contract as being at an end.
- You may cancel all or part of your Order under Parts 13.7 or 13.8 provided that separating the Goods and/or Bespoke Goods in your Order would not significantly reduce their value.
Any sums that you have already paid for cancelled Goods and/or Bespoke Goods and their delivery will be refunded to you.
If any cancelled Goods and/or Bespoke Goods are delivered to you, you must return them to Us or arrange for their collection. We will cover the costs of postage or collection. Please contact Us using the details provided above in Part 3 for a return label or to arrange collection.
- Responsibility for the Goods and/or Bespoke Goods passes to you once We have delivered the Goods and/or Bespoke Goods to the address you have provided or once you (or a carrier organised by you, if applicable) collect the Goods and/or Bespoke Goods from Us.
- As explained in Part 10.4, We will not be responsible for delivering Goods and/or Bespoke late or for not delivering Goods and/or Bespoke Goods if this is due to you not providing Us with required information within a reasonable period of Us asking for it.
- Faulty, Damaged, or Incorrect Goods and/or Bespoke Goods
- This Part 14 provides a summary of your legal rights as a consumer. These rights may be subject to certain exceptions. For full details please refer to the Citizens Advice website or contact them on 0808 223 1133. Nothing in these Terms of Sale will affect your legal rights.
- The Consumer Rights Act 2015 requires that goods must be as described, fit for purpose, and of satisfactory quality. During the expected lifespan of a product, your legal rights are as follows:
- Beginning on the day that you receive the Goods and/or Bespoke Goods (and ownership of them), you have a 30 calendar day right to reject them and to receive a full refund if they do not conform as stated above.
- If you do not wish to reject the Goods and/or Bespoke Goods, or if the 30 calendar day rejection period has expired, you may request a repair or a replacement. We will cover any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund. If you request a repair or replacement during the 30 calendar day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods and/or Bespoke Goods. If less than 7 calendar days remain out of the original rejection period, the time remaining will be extended to 7 calendar days.
- If, after a repair or replacement, the Goods and/or Bespoke Goods still do not conform (or if We cannot repair or replace them, as described above, or have failed to act within a reasonable time or without significant inconvenience to you), you may ask Us to attempt the repair or replacement again (you do not have to give Us multiple opportunities to do so if you do not want to), or you have the right either to keep the Goods and/or Bespoke Goods at a reduced price, or to reject them in exchange for a refund.
- If you exercise the final right to reject more than six months after you have received the Goods and/or Bespoke Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods and/or Bespoke Goods.
- Within a period of six years after you have received the Goods and/or Bespoke Goods (and ownership of them), if the Goods and/or Bespoke Goods do not last a reasonable length of time, you may be entitled to a partial refund. Please be aware that after six months have passed since you received the Goods and/or Bespoke Goods, you must prove that the defect or non-conformity existed at the time of delivery.
- Please note that you will not be eligible to claim under this Part 14 if:
- We informed you of the problem(s) with the Goods and/or Bespoke Goods before you purchased them or you had the opportunity to examine them before purchase and the problem(s) should have been obvious to you; or
- You have caused the problem(s) yourself, for example, through misuse or intentional or careless damage; or
- You have purchased the Goods and/or Bespoke Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem(s) has/have resulted from your use of the Goods and/or Bespoke Goods for that purpose; or
- The product(s) in question is/are Bespoke Goods and the problem(s) is/are a result of your provision of incorrect information, rather than the Bespoke Goods not being as described, fit for purpose, or of satisfactory quality for reasons that would otherwise entitle you to claim under this Part 14;
- The problem(s) is/are the result of normal wear and tear; or
- You have changed your mind (please refer to Part 16).
- If there is a problem with the Goods and/or Bespoke Goods, please contact Us using the details provided above in Part 3.
- If you exercise your legal right to reject the Goods and/or Bespoke Goods, you must return them to Us.
- To return Goods and/or Bespoke Goods to Us for any reason under this Part 14, please post them to Us, arrange for their collection, or return them in person. We will cover the costs of postage or collection. Please contact Us using the details provided above in Part 3 for a return label or to arrange collection.
- Your Rights to Cancel and End the Contract
- If the Goods and/or Bespoke Goods are faulty or misdescribed, you may have a legal right to end the Contract, to have the Goods and/or Bespoke Goods repaired or replaced, or to get a full or partial refund. Please refer to Part 14, above, for more information.
- If you are a consumer and have changed your mind, you may have a legal right to a cooling-off period within which you can end the Contract for any reason. Please refer to Part 16, below, for more information.
- If you wish to end the Contract because of something We have done or are going to do, please refer to Part 17, below, for more information.
- Cancelling and Ending the Contract if You Change Your Mind
- If you are a consumer, the Consumer Contracts Regulations 2013 give you the legal right to change your mind and end the Contract for any reason, subject to the exceptions stated below in Part 16.4 (including, but not limited to, Bespoke Goods). This 14 calendar day “cooling-off period†begins once your Order is complete and we send you the Order Confirmation, i.e. when the Contract is formed, and ends as set out below. You may also cancel for any reason before We send the Order Confirmation.
- If the Goods (not Bespoke Goods) are being delivered to you in a single instalment, the cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Goods.
- If the Goods (not Bespoke Goods) are being delivered in separate instalments on separate days, the cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Goods.
- If you wish to end the Contract for this reason, you must inform Us within the cooling-off period. You may inform Us in any way you wish (including by email, post, or telephone). Please state that you want to cancel and end the Contract, providing your name, address, details of your Order and, where possible, your email address and telephone number. Our contact details are provided above in Part 3.
- Your cancellation notice is effective from the date on which you send it. Provided you send your cancellation notice or contact Us directly by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.
- Please note that this right to cancel may not apply in the following circumstances:
- If the Goods are sealed for health or hygiene reasons and you have unsealed them after receiving them;
- If the Goods consist of sealed audio or video recordings or sealed computer software on physical media and you have unsealed them after receiving them;
- If the Goods are likely to deteriorate quickly, for example, flowers or food;
- If the goods (i.e. Bespoke Goods) have been personalised or custom-made for you;
- If the Goods have been inseparably mixed with other items (according to their nature) after you have received them.
- If you are a consumer, the Consumer Contracts Regulations 2013 give you the legal right to change your mind and end the Contract for any reason, subject to the exceptions stated below in Part 16.4 (including, but not limited to, Bespoke Goods). This 14 calendar day “cooling-off period†begins once your Order is complete and we send you the Order Confirmation, i.e. when the Contract is formed, and ends as set out below. You may also cancel for any reason before We send the Order Confirmation.
- Cancelling and Ending the Contract Because of Something We Have Done or Will Do
- You may have the right to cancel and end the Contract because of something We have done or have informed you that We are going to do. This right to cancel applies in the following circumstances:
- We have informed you about an upcoming change to these Terms of Sale that you do not agree to (see Part 5.1);
- We have informed you about an upcoming change to the Goods and/or Bespoke Goods that you do not agree to (see Part 8.4);
- We have informed you about an error in the price or description of the Goods and/or Bespoke Goods and you do not wish to proceed;
- There is a risk that delivery of the Goods and/or Bespoke Goods will be substantially delayed due to events outside of Our control (see Part 13.3);
- You have a legal right to end the Contract because We have done something wrong (including where We have not delivered the Goods and/or Bespoke Goods on time and the circumstances in Part 13.7 or 13.8 apply).
- If you cancel and end the Contract for any of the reasons set out in this Part 17, the Contract will end immediately and you will receive a full refund for any Goods and/or Bespoke Goods which have not yet been provided. You may also be entitled to compensation.
- If you wish to end the Contract for this reason, you may inform Us in any way you wish (including by email, post, or telephone). Please state that you want to cancel and end the Contract, providing your name, address, details of your Order and, where possible, your email address and telephone number. For your convenience, Our contact details are provided above in Part 3.
- You may have the right to cancel and end the Contract because of something We have done or have informed you that We are going to do. This right to cancel applies in the following circumstances:
- Returning Goods and/or Bespoke Goods After Cancelling and Ending the Contract
- Subject to your right to partially cancel your Order under Part 13.9, if you cancel and end the Contract for any reason after Goods and/or Bespoke Goods have been dispatched or delivered to you, you must return the Goods and/or Bespoke Goods to Us or arrange for their collection. Please contact Us using the details provided above in Part 3 for a return label or to arrange collection.
- If you are exercising your right to change your mind under the cooling-off period as set out in Part 16, you must return the Goods to Us no more than 14 calendar days after the day on which you informed Us that you wish to cancel.
- We will cover the costs of returning the Goods and/or Bespoke Goods to Us in the following circumstances:
- The Goods and/or Bespoke Goods are faulty or misdescribed;
- You are cancelling and ending the Contract because of upcoming changes to these Terms of Sale that you do not agree to;
- You are cancelling and ending the Contract because of upcoming changes to the Goods and/or Bespoke Goods that you do not agree to;
- You are cancelling and ending the Contract because We have made an error in the price or description;
- You are cancelling and ending the Contract because there is a risk that delivery of the Goods and/or Bespoke Goods will be substantially delayed due to events outside of Our Control;
- You are cancelling and ending the Contract because you have a legal right to do so because We have done something wrong (including where We have not delivered the Goods and/or the Bespoke Goods on time and the circumstances in Part 13.7 or 13.8 apply)[;] OR [.]
- In all other circumstances including where you are exercising your right to change your mind under the cooling-off period, you must cover the costs of returning the Goods and/or Bespoke Goods to Us.
- If you are responsible for the costs of returning the Goods and/or Bespoke Goods to Us and We are collecting them, the cost charged to you will only be the direct cost to Us of collecting the Goods and/or Bespoke Goods.
- Refunds
- All refunds due to you will be made using the same method used by you when paying for the Goods and/or Bespoke Goods [(unless you request an alternative)]. You will be refunded the price paid for the Goods and/or Bespoke Goods and for delivery, subject to the following limitations and deductions:
- If you are exercising your right to change your mind under the cooling-off period, We may reduce your refund to reflect any reduction in the value of the Goods if that reduction has been caused by your handling of the Goods in a way that would not be permitted in a shop. If We issue the refund before inspecting the Goods and subsequently discover that you have handled them in this way, We may charge you an appropriate sum.
- Standard delivery charges (i.e. the cheapest option available for your Order) will be refunded, but we do not reimburse premium delivery charges. If, for example, Our cheapest delivery option is 3-5 days, but you select 24 hour express, your refund for delivery charges will only be equivalent to the cost of the cheaper option.
- All refunds due to you will be made as soon as possible. If you are exercising your right to change your mind under the cooling-off period, We will issue your refund within 14 calendar days of:
- The day on which We receive the returned Goods;
- The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier);
- If We are collecting the Goods, the day on which you inform Us that you wish to cancel and end the Contract; or
- If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel and end the Contract.
- All refunds due to you will be made using the same method used by you when paying for the Goods and/or Bespoke Goods [(unless you request an alternative)]. You will be refunded the price paid for the Goods and/or Bespoke Goods and for delivery, subject to the following limitations and deductions:
- Our Liability to Consumers
- We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
- We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Goods and/or Bespoke Goods are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
- Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
- Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer including, but not limited to, those explained above in Part 14.
- All our products come with a 3 month warranty against manufacturer defects. Should you notice a manufacturing fault, please contact us immediately to arrange a return / replacement. Usage of our covers is at the sole risk and discretion of the user. Kent Dubs is not responsible for any damage resulting from the use or misuse of our covers.
- Complaints and Feedback
- We always welcome feedback from Our customers and, whilst We always use reasonable efforts to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
- All complaints are handled in accordance with Our complaints handling policy and procedure, available at https://kentdubs.com/terms-conditions/.
- If you wish to complain about any aspect of your dealings with Us, please contact Us using the contact details provided above in Part 3.
- How We Use Your Personal Information
We will only use your personal information as set out in Our Privacy Policy, available from https://kentdubs.com/privacy-policy/ [and Our Cookie Policy, available from https://kentdubs.com/cookie-policy/].
- What Happens if We Transfer this Agreement to Another Party
We may transfer (assign) Our obligations and rights under these Terms of Sale (and the Contract) to a third party (this may happen, for example, if We sell Our business). If this Occurs, We will inform you in writing. We will ensure that your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.
- Other Important Terms
- You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
- The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
- If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
- No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
- Law and Jurisdiction
- These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
- If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Part 26.1 takes away from or reduces your legal rights as a consumer.
- If you are a consumer, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
- If you are a business user, any dispute, controversy, proceedings, or claim between you and Us relating to these Terms of Sale or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
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INTERNATIONAL SHIPPING DISCLAIMER
IMPORTANT DISCLAIMER FOR ORDERS SHIPPING OUTSIDE OF UK
DUTIES AND TAXES
- When a package is shipped internationally, it may be subject to import taxes, customs duties, and/or fees imposed by the destination country. These charges will typically be due once the shipped goods arrive at the country of destination.
- Such charges are not included in the product price or shipping and handling cost. These charges are the buyer’s responsibility as we are only charging the transportation fee for your order.
- AND Kent Dubs Ltd does not have any responsibility on these additional charges that may apply.
- The buyer is responsible for obtaining information regarding their country’s laws, regulations, and restrictions that may apply when purchasing our products. By placing an international order (shipping outside of UK), the buyer is responsible for abiding by their country’s laws, regulations, and restrictions.
- If a product is seized and destroyed by the customs, or returned to Kent Dubs in the UK, we will NOT be responsible for the losses, product, or refunds. It is the buyer’s responsibility to cover the shipping costs when the buyer wishes to have a second delivery attempt after the product is returned to Kent Dubs Ltd.
Competitions
1. Qualifying Entrants
1.1 Kent Dubs Ltd (‘we’ , ‘our’) operate various Competitions resulting in the allocation of Prizes in accordance with these Terms and Conditions on the Website (‘Prize’ or ‘Prizes’) www.kentdubs.com (the ‘Website’) – (each and all such Competitions being referred to herein respectively as the ‘Competition’ or ‘Competitions’).
1.2 Kent Dubs Ltd operates Prize Draw Competitions. You can enter via our Website or for free by post (as set out below) resulting in the allocation of Prizes in accordance with these Terms and Conditions.
1.3 Competitions are to be entered into by any ‘Entrant’.
1.4 All Entrants must create an account prior to entering into any Competitions with Kent Dubs Ltd, supply an email address, a contact telephone number to be eligible to participate in the Competition.
1.5 Competitions are open to all persons who fit the following criteria: (a) Are aged 18 and over. (b) Are not breaching any laws in your country of residence regarding the legality of entering our Competitions (c) Not a direct employee of Kent Dubs Ltd (d) have the legal capacity to enter.
1.6 Each Competition will have a maximum number of entries. The maximum number of entries will be clearly stated next to the current ticket availability of each Competition.
1.7 Kent Dubs Ltd reserves the right to refuse a customer’s entry at the discretion of Kent Dubs Ltd staff or management and will not allow Entrants to qualify if any abusive or inappropriate behaviour towards any one person or towards Kent Dubs Ltd directly in any way.
1.8 Qualifying Entrants warrant that all information which they submit is accurate, true, current and complete.
1.9 All Qualifying Entrants must submit all contact details requested by Kent Dubs Ltd. This includes a valid email address, date of birth, and telephone number (which will be solely used for notifying the Winner that they have won the Prize). A postal address is also required to allow Kent Dubs Ltd to post the Winner’s name and town of residence on the Website as set out in part 8.1 below and to deliver the Prize to the Winner’s nominated address as set out in part 7.3 below; and to comply with the Privacy Policy as stated below.
1.10 These Terms and Conditions apply to Competitions run by Kent Dubs Ltd.
1.11 Should Kent Dubs Ltd believe the Entrant has been in breach of any of these Terms and Conditions, we may, at our sole discretion, reserve the right to exclude them from participating in the Competition and any future Competitions.
2. Legal undertaking
2.1 By entering a Competition, the Entrant (‘they’ , their’) will be deemed to have the legal capacity to do so. They will have read, understood and accepted these Terms and Conditions and they will be bound by them and by any other requirements set out in any of Kent Dubs Ltd’s related promotional material
2.2 The Entrant also confirms that they are not breaking any laws in their country of residence regarding the legality of entering our Competitions. Kent Dubs Ltd will not be liable for any Entrant entering any of our Competitions unlawfully. If in any doubt, any potential entrant should immediately leave the Website and check with the relevant authorities in their country.
2.3 The Entrant must come to their own decision through their own enquiries and legal advice before entering into any of Kent Dubs Ltd Competitions. We will assume that the potential Entrant has completed this due diligence and has agreed to all Terms and Conditions before proceeding to enter any Competition.
2.4 All Competitions are governed by English Law and any matters relating to the Competition will be resolved under English Law and the Courts of England shall have exclusive jurisdiction. If the Entrant should participate in a Competition online via the Website, the Entrant does so by accepting these Terms and Conditions. Qualifying Entrants warrant that all information which they submit is accurate, true, current and complete.
2.5 All Qualifying Entrants entering into the Competition must acknowledge that their payment for each entry does not guarantee in any way that they will win the Prize. Kent Dubs Ltd does not in any way guarantee the value of the Prize, neither do we imply or give any warranty or accept any valuation to the Prize, or guarantee the roadworthiness or condition in any way shape or form for vehicular Prizes.
3. Competition Entry
3.1 All Qualifying Entrants will be deemed to have read and accepted the Terms and Conditions on the Website and agree to be bound by them.
3.2 The closing date for each Competition will be clearly posted on each Competitions respective page. However, should all available tickets have sold out before the specified closing date, the Competition shall be closed early.
3.3 All Competitions will be drawn on the draw date stated on the Competition page and will not be rolled over or extended. Regardless of ticket sales, the Prize will be won.
3.4 All Qualifying Entrants are solely responsible for providing accurate and current contact details to Kent Dubs Ltd. Kent Dubs Ltd will be in no way liable for any inability or inaccuracies with contact details or the lack of contact made by the winning entrant due to the Qualifying Entrant providing inaccurate contact details.
3.5 Availability and pricing of each Competition is at the discretion of the staff at Kent Dubs Ltd and will be specified at or before the point of sale on the Website or social media.
3.6 All Entries will become the property of Kent Dubs Ltd on receipt and will not be returned.
3.7 Once the Entry is submitted, the Entrant’s card payment will be electronically approved.
3.8 Qualifying Entrants may enter the Competition for free by sending their entry on a unenclosed hand written postcard in the post to the below address stating: (i) The Competition the Entrant wishes to take part in,(ii) the Entrants full name, postal address, email address, mobile phone number and date of birth. The address is: Kent Dubs Ltd, Unit 6, Barton Farm Industrial Estate, Old Surrenden Manor Rd, Bethersden, Ashford TN26 3DN. All free entries must be received before the draw date of the relevant Competition. All details are required to be either typed or very clearly written. Kent Dubs Ltd reserves the right to not enter Qualifying Entrants into the Competitions if the relevant member of staff cannot read the Entrants writing on their postal entry. If Kent Dubs Ltd receive one letter through post containing multiple entries this will not comply with the above Terms and Conditions and will not be entered.
3.9 Entries can only be made for single Qualifying Entrants. Entries cannot be made on behalf of other parties. Kent Dubs Ltd reserves the right to void any entries if they believe someone is using multiple names to enter a Competition more than the maximum number of entries per person for that specific Competition. This applies to both paid Entries via the Website and free Entries via post.
3.10 All Entries to the Competition are final and no refunds shall be made at any time or for any reason. Exceptions include: entries submitted after the closing date, when the maximum number of entries is reached when the Competition will close, as well as in the rare case that duplicate payments for a single order are authorised.
3.11 Occasionally from time to time, Competitions may oversell due to stock control limitations on the Website.
3.12 Kent Dubs Ltd reserves the right to cancel the Competition at any time either before or after tickets have been sold. If the Competition is cancelled, Kent Dubs Ltd will return the entry fees to each Entrant either by bank card refund or by cheque and in one combined payment where several entries have been made by a Qualifying Entrant. Where the entry fee is returned, Kent Dubs Ltd shall have no further liability to the Qualifying Entrant or to any other person.
3.13 Kent Dubs Ltd will reserve the right to disqualify any entrant entirely at the discretion of the management of Kent Dubs Ltd if there are reasonable grounds to believe the Entrant has acted in breach of any of these Terms and Conditions.
3.14 All Entrants entering into the Competition must acknowledge that their payment for each entry does not guarantee in any way that they will win the prize.
3.15 Kent Dubs Ltd do not accept responsibility for entries which we do not receive due to failures in computer systems, other malfunctions, high internet traffic, hardware failure, software failure, server faults or any other reason.
3.16 The Entrant agrees that the ‘Consumer Contracts (Information, cancellation and Additional Charges) Regulations 2013’ for any goods and services ordered online supplied within 30 days will not apply to any Competition or Prize on the Website.
4. Promotion Periods
4.1 Some Competitions will run for a specified period with a set closing date being specified by Kent Dubs Ltd. Each Competition may also close before it’s specified closing date if the maximum number of tickets are sold for each particular Competition.
4.2 Kent Dubs Ltd reserves the right to offer a rewards point system to reward loyalty and referrals. Any accounts found attempting to be abusing the scheme in any way, successful or not, in order to gain extra reward points will be banned from the Website. Customers setting up multiple accounts with an aim to refer each other and take part in any other such activity are actively monitored and accounts engaging in this type of activity will be banned.
5. Prize draw
5.1 The winning Qualifying Entrant (The Winner) will be selected at random using the software as chosen by Kent Dubs Ltd
5.2 Due to the nature of Competitions, there will only be one Winner per Competition unless otherwise stated.
5.3 When the Competition is completed and the Prize is issued successfully, the prize will be arranged to be delivered to the Winner of the Competition.
5.4. An entry list will be posted on the Website after the closing date of all Competitions in a given week. This will be available to view on the Website before the draw is undertaken. The ticket numbers will also be emailed when the competition ends.
6. The Prize
6.1 The details of each Competition’s prize can be found on the website on the relevant Competition’s pages. All Prizes are subject to the Terms and Conditions of the Prize provider, manufacturer or supplier.
6.2 Kent Dubs Ltd take zero responsibility for the Prize awarded once delivered. Once the winner receives the prize, Kent Dubs Ltd makes no guarantee that they will insure the prize. No insurance shall be assumed to be provided with any Prizes and Kent Dubs Ltd cannot be held responsible for the Prize once handed over to the Winner.
6.3 All Prize expenses are the sole responsibility of the Winners and no costs will be deemed the responsibility of Kent Dubs Ltd.
6.4 All Prizes will be deemed to be accepted and are non-transferable to other substitutes and cannot be used in conjunction with any other vouchers, offers or discounts, including without limitation any vouchers or offers of Kent Dubs Ltd.
6.5 A cash alternative at a rate offered by Kent Dubs Ltd to the Winner may be available as an option instead of the agreed Prize if the winner should prefer. This is at Kent Dubs Ltd discretion.
6.6. All Prizes are chosen and purchased by/on behalf of Kent Dubs Ltd and this is the Prize the Winner will receive.
6.7. If the Prize is a vehicle:
(i) No insurance is included with the Prize and it is the Winner’s responsibility to make sure that the vehicle is adequately insured prior to taking it on the public roads (if it is legal to do so). (ii) Kent Dubs Ltd has no responsibility for the Prize once it has been delivered. The Winner is solely responsible for complying with all relevant laws and regulations relating to the vehicle, it’s operation and ensuring they operate it in a safe and responsible manner. (iii) No vehicle/road tax is included. (iv) The Winner is responsible for making sure they have the necessary licences, qualifications, knowledge and experience to operate the vehicle safely and legally. (v) The Winner is solely responsible for making sure they have all necessary safety equipment and clothing (for example, helmets, boots and gloves) and for wearing them whilst operating the vehicle.
6.8 If the prize is a cash prize, the sum advertised as the Prize in the Competition will be transferred to a bank account of the Winner’s choosing once made known to Kent Dubs Ltd.
7. Competition Winners
7.1 Kent Dubs Ltd decision is final and no correspondence will be entered into about the result of the Competition following the determination of the Winner as described in our Terms and Conditions.
7.2 If the Winner cannot be contacted by the Kent Dubs Ltd within 21 days of being notified of their status as the Winner by the e-mail, telephone or mail as supplied by the Winner in their entry, Kent Dubs Ltd shall be entitled to award the Prize to the Entrant selected by drawing another winning entry at random in the same method as described above. The alternate Winner shall have 7 days from the winning notification of their status by Kent Dubs Ltd to communicate their acceptance of the Prize.
7.3 Delivery to the Winner is arranged free of charge by Kent Dubs Ltd to the registered address in Great Britain. If the winner is from outside of Great Britain Aspire Competitions Ltd has a right to and/or may charge the winner delivery fees to deliver the prize or the winner can alternatively collect the prize from Kent Dubs Ltd. If the winner is outside of Great Britain and prefers not to pay delivery charges a cash alternative for the prize will be offered.
7.4 Kent Dubs Ltd reserves the right to charge the Winner delivery fees should they want the Prize delivered anywhere other than the registered address as mentioned above.
7.5 All entrants agree to taking a winners picture, should they be declared a Winner, to be used on our Previous Winners page on the Website and on social media pages. We also may use any Winners’ pictures for 3rd party advertisements and media publications.
7.6 Kent Dubs Ltd will either publish or make available information that indicates that a valid award took place. To comply with this obligation, Kent Dubs Ltd will publish the name and winning number of the Prize Winners on the Website and send the name and winning number Prize Winners to any Entrants in accordance with part 8.1.
8. Winners details
8.1 The Winner(s) agrees to allow Kent Dubs Ltd to display their name on the Website in accordance with the Privacy Policy. The name and location of residence of the Winner will be posted on the Website for the purposes of announcing the Winner of the Competition within 24 hours of the Winner being determined.
8.2 Entrants understand that Kent Dubs Ltd will enter their personal details into their database and use the information in accordance with the provisions of the Data Protection Act 2018 and subject to the terms of our Privacy Policy as stated in part 12.4 below.
9. Liability
9.1 If death or personal injury unfortunately occurs, Kent Dubs Ltd will not be liable for any loss (including economic loss) suffered to or sustained by any person or property as a result of any act or omission of Kent Dubs Ltd, nor will their servants or their agents in developing, planning and Administrating the Competition, distributing the Prize to the Winner or following the distribution of the Prize, Kent Dubs Ltd accept zero liability for errors or omissions contained within the Prize details, description or specification or any other part of the Website.
9.2 It is the responsibility of each Qualifying Entrant (and in particular the Winner) to satisfy him/herself as to the accuracy of any such details and/or any content of the Website.
9.3 Kent Dubs Ltd will not be liable for any loss suffered by an Entrant as a result of incomplete entries or failed computer communications or for any loss suffered as a result of use of the Website.
9.4 An entry shall be declared void (without any refund being given) if the entrant engages in: (a) any form of fraud (actual or apparent); (b) fraudulent misrepresentation; (c) fraudulent concealment; (d) hacking or interference with the proper functioning of the website; or (e) amending, or unauthorised use of, any of the code that constitutes the Website.
9.5 Kent Dubs Ltd are the sole promoters and none of the prize draw Competitions are sponsored, run, or endorsed by any other party, company or individual including Apple or Facebook.
9.6 No part of these Terms and Conditions shall exclude the Entrant from making claims to the extent that they are exercising their statutory rights.
10. Electronic Communications
10.1 No responsibility will be accepted by Kent Dubs Ltd for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorised human act, including any errors or mistakes. Kent Dubs Ltd shall use its reasonable endeavours to award the Prize for a Competition to the correct Entrant.
10.2 If due to reasons of hardware, software or other computer related failure, or due to human error, the Prize is awarded incorrectly, Kent Dubs Ltd reserves the right to reclaim the Prize and award it to the correct Entrant, at its sole discretion and without admission of liability and the Entrant that has been incorrectly awarded the Prize will immediately at the Entrant’s own cost and expense return it to Kent Dubs Ltd and/or pay Kent Dubs Ltd for that Prize (at the option of Kent Dubs Ltd).
10.3 Kent Dubs Ltd shall not be liable for any economic and/or other loss and/or consequential loss suffered or sustained to any persons to whom an award has been incorrectly made, and no compensation shall be due to such persons.
10.4 Kent Dubs Ltd shall use its reasonable endeavours to ensure that the software and Website(s) used to operate its Competitions performs correctly and accurately across the latest versions of popular internet, tablet and mobile browsers.
10.5 For the avoidance of doubt, only the ticket recorded in our systems, however displayed or calculated, shall be entered into the relevant Competition and Kent Dubs Ltd shall not be held liable for any Entries that occur as a result of malfunctioning software or other event.
11. Use of the Website
11.1 The Entrant agrees that (a) the Website, the Competitions, and/or draws are for their own personal, non-commercial use, and (b) they are only allowed to use their account and the Website to enter Competitions draws via their account as set out in these Terms and Conditions.
11.2 The Entrant agrees that they will only use their account, enter Competitions, and access and/or use the Website in an appropriate and lawful manner. They will not (i) receive, access and/or transmit any content which is obscene, pornographic, threatening, racist, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right (including, without limit, copyright) and/or otherwise objectionable and/or unlawful, (ii) knowingly and/or recklessly transmit any content (including, but not limited to, viruses) through the Website and/or Kent Dubs Ltd’s software and IT systems which will cause, or be likely to cause, (a) detriment and/or harm, in any degree, to the Website, Kent Dubs Ltd’s software and IT systems owned and/or operated by Kent Dubs Ltd and/or others, and/or (b) loss of and/or damage to data, (iii) hack into, make excessive traffic demands on or cause any impairment of the functions of any computer system, deliver or forward chain letters, “junk mail” of any kind, surveys, contests, pyramid schemes or otherwise engage in any behaviour intended to prevent others from entering Competitions, and/or use the Website, and/or which is otherwise likely to damage the reputation and/or business of Kent Dubs Ltd and/or of any third party in any way associated to Kent Dubs Ltd, and/or (iv) authorise anyone to do the acts set out in part 11.2(i) – (iii).
11.3 The Entrant agrees to compensate Kent Dubs Ltd for any and/or all costs, losses, damages and expenses which Kent Dubs Ltd may suffer and/or incur arising out of and/or in relation to any claim, legal proceeding and/or demand made by any third party due to and/or arising out of their unlawful, wrongful and/or negligent access and/or use of their account, the Website and/or Kent Dubs Ltd’s software and/or IT systems, and/or breach by them of these Terms and Conditions.
11.4 There is no guarantee that the Website will display correctly on all devices it can be viewed on.
11.5 Trademarks, service marks, logos, trade names, source identifiers and/or proprietary designations (“Trademarks”) of Kent Dubs Ltd used on and/or in connection with the Website, the Competitions are trademarks of Kent Dubs Ltd. Trademarks of third parties used on and/or in connection with the Website, the Competition are used for identification purposes only and may be the property of their respective owners.
11.6 No party, excluding Kent Dubs Ltd, is permitted to (a) copy, disclose, transmit and/or otherwise make available and/or remove or change any material available on the Website, (b) reverse engineer or decompile (whether in whole or in part) any software used in connection with the Website and/or the provision of the Competitions and/website
12. Data Protection Notice
12.1 In order to process, record and use the Entrants personal data, Kent Dubs Ltd may disclose it to any of the following: (i) Kent Dubs Ltd credit card processing company (ii) Any person to whom Kent Dubs Ltd proposes to transfer any of Kent Dubs Ltd rights and/or responsibilities under any agreement Kent Dubs Ltd may have. (iii) Any person to whomKent Dubs Ltd proposes to transfer its business or any part of it. (iv) Comply with any legal or regulatory requirement of Kent Dubs Ltd in any country. (v) Prevent, detect or prosecute fraud and other crime.
12.2 In order to process, use, record and disclose the Entrant’s personal data, Kent Dubs Ltd may need to transfer such information outside the United Kingdom, in which event Kent Dubs Ltd is responsible for ensuring that the Entrants personal data continues to be adequately protected during the course of such transfer.
12.3 All Entrants and the management team at Kent Dubs Ltd recognise that Kent Dubs Ltd may use contact details and other data including personal data as defined by the Data Protection Act 1998 supplied by the Entrants to Kent Dubs Ltd to administrate the Website and conduct the Competition with accordance to these Terms and Conditions.
12.4 The Entrant and the management team at Kent Dubs Ltd also recognise that the staff at Kent Dubs Ltd may (either by choice or at the request of a third party) disclose this information to relevant third parties for the purposes of the prevention of fraud, money laundering, legal or other financial or regulatory reasons only.
13. Retention of Terms
13.1 Each Entrant should retain a copy of the latest Terms and Conditions for future reference.
14. Contact
Kent Dubs Ltd
Registered in England & Wales under Companies Act 1985. Company No: 14821585
Registered Office.
16 Kent Avenue Ashford Kent TN24 8NQ United Kingdom
Kent Dubs Trading address
Unit 6, Barton Farm Industrial Estate, Old Surrenden Manor Road, Bethersden, Ashford Kent TN26 3DN United Kingdom
Email: sales@kentdubs.com
Website: https://kentdubs.com
