Kington Farm Supplies Terms & Privacy

 

Terms and Conditions

KFS Hereford Limited, trading s Kington Farm Supplies (Referred to as “KFS”) can accept no responsibility for damage or accident arising from information or suggestions given on this website.

KFS provides the kingtonfarmsupplies.co.uk web site and various related services (collectively the, “Site”), subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”). In addition, when using particular services or materials on this Site, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

By using this Site and/or by completing any applicable registration, competition, or other form on the Site, you agree to be bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, please exit the Site now. Your remedy for dissatisfaction with this Site, or with any products, services, content, or other information available on or through this Site, is to stop using the Site and/or those particular products and/or services.

Your agreement with us regarding compliance with these Terms of Use becomes effective immediately you start using this Site. We reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Site and these Terms of Use periodically and to be aware of any modifications. Your continued use of this site after such modifications will constitute your acknowledgement of the modified Terms of Use and your agreement to abide and be bound by the modified

Payment Terms

Unless agreed otherwise payment is to be made with order and cleared before any item is despatched.

Guarantees

All items carry the guarantee granted by the manufacturer, this will be upheld by KFS provided the equipments were originally purchased from us and that they have been operated as designed and not abused or mistreated in any way.

Terms of Use

As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or its contents.

We reserve the sole right to either modify or discontinue the Site, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure, the addition of fee- based services, or changes to limitations on allowable file sizes. Any new features that augment or enhance the then-current services on this Site shall also be subject to these Terms of Use.

Data and Privacy

In order to access some of the services on this site, you may be required to input data in a registration or competition form, as appropriate (“Data”). You agree that all information provided in the Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate. Please refer to the Privacy Policy for further information.

Conduct on This Site

Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the contents of your communications through the Site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this Site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:

1. Is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of anothers privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or

group of individuals), or otherwise violates our rules or policies;

2. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

3. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

4. Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

5. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

6. Impersonates any person or entity, including any of our employees, agents, or representatives. KFS neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Site. You acknowledge that we do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services, that may be available on or through this Site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgement, does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.

You may not interfere with anyone else’s use and enjoyment of the Site or other similar services. Users who violate systems or network security may incur criminal or civil liability. You agree that we may at any time, and at our sole discretion, terminate any accounts you may have, without prior notice to you, for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

Third Party Sites and Information

This Site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

Third Party Sites and Information

For purposes of these Terms of Use, “content” is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. This includes, but is in no way limited to, message boards and other original content. By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of KFS and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before

reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties. If you want to make use of any of our material outside the terms of this disclaimer, you should apply for the appropriate consent to privacy. You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site.

Users Materials

Subject to our Privacy Policy, any communication or material that you transmit to this Site or to us, whether by electronic mail or other means, for any reason, will be treated as non-proprietary. While you retain all rights in such communications or material, you grant us and our designated licensees a non- exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used. Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We respect the intellectual property of others, and we ask you to do the same. If you or any user of this Site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to info@kfs.farm. You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party.

Restriction of our Liability to You

Certain of our products are capable of causing harm or damage if misused, we take no responsibility whatsoever for injury death or damage caused by the buyer using an item provided by us. Furthermore, Items are sold on the understanding that the buyer is competent and trained (if applicable) in their correct use. Buyers should be aware of the potential hazards to health and safety represented in the types of goods purchased. We can accept no responsibility for damage or injury resulting from the activities of a Buyer. It shall be the Buyer’s responsibility to comply with any and all Regulations concerning the use and storage of any products purchased and will comply with COSHH and any other relevant Regulations. Product information literature can be supplied us on request.

Participation in Promotions

From time to time, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

Security and Password

If you are using a security and password on this Site, you are solely responsible for maintaining the confidentiality of your password and account, and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising here from shall be exclusively subject to the jurisdiction of the courts of England and Wales You may not assign your rights and obligations under these Terms of Use to any thing party, and any purported attempt to do so shall be null and void. We may free assign our rights and obligations under these Terms of Use. In addition to any excuse provided by applicable law, we shall be excused from liability for non- delivery or delay in delivery of products and services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labour disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any failure by us to enforce or exercise any

provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

Shipping & Returns

Website Order Process:

You may only order items on our website by adding them to your electronic basket and then proceeding through the electronic checkout pages. Further instructions will appear at each stage, and any charges you will have to pay will be clearly identified. Your order will be acknowledged when you submit it and you will be returned to the checkout success page of our website and receive an email invoice, but this does not mean that we have accepted your order and your order status will be set as “Processing”.

Each item in your order constitutes a separate order. If we accept your order for all or any of the items, we will send you a further e-mail saying so and your order status will be changed to “Completed”. If we accept your order there is a legally binding contract between you and us. It consists of 1) the information on this website, 2) these terms, 3) your order, 4) our e-mail acknowledging your order, and 5) our e-mail accepting your order. It does not include anything else. Nothing on this website amounts to an offer to supply any items, and we are not obliged to sell you anything until we accept your order. We may decline to accept any order, or any part of an order, without giving any reason. You may be required to help us verify your age before we accept your order for certain items that are classed as potentially harmful.

Right to Cancel:

You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right to cancel, you must inform us, KFS, of your decision to cancel this contract by a clear statement in writing by emailing web@kfs.farm

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

We will make the reimbursement without undue delay, and not later than –

(a) 14 days after the day we receive back from you any goods supplied, or

(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or

(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

Return of Goods

Returns are the responsibility of you, the buyer. You shall send back the goods or hand them over to us, KFS Hereford Limited, Eardisley Road, Kington Herefordshire, HR5 3HB, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

In the case of clothing and footwear, all items MUST be returned in the original packaging with all manufacturers tags and labels still attached

Guarantee & Warranty

All items carry the guarantee granted by the manufacturer, this will be upheld by us provided that the items were originally purchased from us and that they have been operated as designed and not abused or mistreated in any way.

Return Costs

You will have to bear the direct cost of returning the goods and you must send the goods back to our contact address at your own cost.

Consumer’s liability for diminished value of the goods

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Ceasing of the right to cancel related to the supply of goods

For the following kind of sales contracts the statutory right to cancel as laid out in the Consumer Contracts Regulations exists until the circumstances mentioned in the Regulations occur.

  • In the case of contracts for the supply of sealed goods which are not suitable for return due to health protection or hygienic reasons, the right to cancel ceases if the goods become unsealed after delivery.

  • Goods that have been made to the consumer’s specifications or are clearly personalised are excluded from the right to cancel. Goods that have been engraved or printed with a personal number (eg herd or flockmark, or design that the consumer provided can generally be seen as falling under this exception.

  • Goods that have been used in and around livestock or horses

    Delivery

    We offer several methods of delivery and these are displayed during the checkout process allowing you to choose which shipping method you require – none of these shipping methods are pre-selected, you must make a selection to enable you to proceed through the checkout process.
    Items will not be shipped until cleared payment is received.

    Whenever possible we aim to despatch orders within two working days. However there will be instances where items are on back-order, or need to be manufactured to your requirements and in these cases shipment will be made as soon as possible.

    It is the customers responsibility to provide the correct delivery address at time of order. If an incorrect delivery address is provided, leading to re-delivery being required then we reserve the right to make a charge for the re-delivery to the correct address.

    If a customer provides an incorrect delivery address and delivery is made to this address, then our contract is deemed to be complete and it will be the responsibility of the customer to attempt to recover the items from the address they provided.

    We do not accept any responsibility for items not being received in time to meet a customers requirements although we will make best endeavours to achieve these timescales. Furthermore we do not accept responsibility for delays once an order is handed to the customers selected mode of delivery (Courier or Royal Mail)

    Shipping timescales (eg 48 hour and 24 hour) refer to the shipping method to be used, these timescales apply to working days only – ie. Not Weekends, and are from date of despatch, not date of order.

    Very heavy items may be subject to additional shipment charges, this will be identified in the individual items descriptions. In some cases the item cost includes the shipping of the item to mainland England, Wales and Scottish Lowlands, if this is the case then the item description will say this and instruct customers from other areas eg, Highlands of Scotland, Northern Ireland etc to contact us for a shipping cost prior to placing their order. Failure to do so will result in the order not being accepted by us as detailed above.

    Payment Methods

    We accept payment by the following methods:

  • BACS

  • Credit / Debit Card

  • Paypal

  • Cash on Collection

    Exchanges

    Please note that we do not offer exchanges on items, If you require a different size, colour or fitting of an item you must cancel and return your original order and then re-order as required.

Return of Christmas Gifts

For returns of Christmas gifts, which fall outside our usual returns timescale, as a goodwill gesture, we will extend the timescales for return of goods purchased as Christmas Presents to 8 January. To qualify for this extension the following conditions apply:

  • The item(s) must be purchased after the 15 November prior to the return.

  • The item must be returned at the recipients cost and be received by us no later than

    8 January

  • The return should clearly state “Unwanted Gift” and provide the original order

    number and purchasers name.

  • The sender must provide their email address with the return

    If the above conditions are met we will issue a refund to the original purchaser.

    The same exclusions on returns as mentioned in the paragraphs above apply to the return of Christmas Gifts.

    Overseas Orders

    We can only accept orders for delivery within the United Kingdom. We no longer ship items outside of the UK within Europe.


Phone: 01544 230 661


Email:info@kfs.farm


Address: Kington Farm Supplies, Old Eardisley Road, Kington, Herefordshire, HR5 3HB