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1. Our website
Your use of this website and any service contained within constitutes acceptance of these Terms & Conditions.
2. Customer Information
2.1 You should always check that the contact information you provide is correct before proceeding to payment.
2.2 Our website is only intended for use by adults. Adults may purchase products for children as long as the products purchased are intended by the manufacturer for use by children.
3. Subscription
3.1 You must be over 18 years of age to subscribe to this site.
3.2 Upon payment of your annual subscription fee you shall be entitled to use our services as a Bronze, Silver or Gold Level Retailer.  The services provided at each level are described on this website.
3.3 All subscription packages are non-refundable. If you wish to cancel your subscription you must do so within 3 months of your annual renewal by written request to the address provided.
3.4 You acknowledge that you have provided us with the accurate and complete subscription information and that it is your responsibility to update us of any changes to that information (including your email address) by clicking ‘CHANGE DETAILS’ from within the retailers area.
3.5 You shall not be entitled to use our services until we have received, in pounds sterling in full cleared funds, the subscription fee due from you.
3.6 Each subscription is for a single individual only, as included in your subscription information.
3.7 Upon acceptance of your subscription we shall issue you with a user ID and password. You are responsible for the security and safety of your user ID and password and shall be responsible for all use made of the services, including preventing any unauthorized use of your user ID and password.
3.8 If you believe there are been any breach of these terms and conditions by unauthorized use of your user ID, you must notify us immediately by contacting us through ‘Customer Services’ from within the Agents Area.
3.9 If we believe that your user ID and password are being used by an unauthorized user or in a manner breaching these terms and conditions, we reserve the right to suspend your subscription until the matter is resolved to our satisfaction.
3.10 We are continually seeking to improve the services and reserve the right to make changes to any part of the services, at our own discretion, provided that any such changes do not, in our opinion, materially reduce the content or functionality of the services.
3.11 Following your acceptance of these terms and conditions, you shall be entitled to use the services in accordance with this agreement, as amended from time to time. If at any point you do not agree with or accept the terms and conditions you must cease using the services immediately.
3.12 We shall use all reasonable endeavors to remedy faults in the services and/or technical faults, of whatever nature, and/or downtime of the website with minimal disruption. However, we shall not be liable to you for any damages, costs, losses (including without limitation pure economic loss, loss of profit, loss of business, interruptions to business, depletion of goodwill or reputation, and/or loss of commission), claims or liabilities, whether direct, indirect or consequential, incurred by you due to any fault in the services, any technical fault of whatever nature, and any downtime of the website, howsoever caused including if caused by our negligence.
3.13 We shall not be liable to you for any damages, costs, losses (including without limitation pure economic loss, loss of profit, loss of business, interruptions to business, depletion of goodwill or reputation, and/or loss of commission), claims or liabilities, whether direct, indirect or consequential, arising from your inability to use or access the services for whatever reason, or from any action taken as a result of your use of the services.
3.14 The services we provide to you are for sale of products to your customers for business, private, consumer and domestic purposes only. We will not supply products to customers that are drop shipping undertakings and reserve the right to cancel any order made by you if we have reason to believe that your customer is a drop shipping undertaking. In such an event we also reserve the right to suspend your subscription until the matter has been resolved to our satisfaction.
3.15 In the event that we cancel any order, for whatever reason, we shall refund the price paid by you to you directly, and shall have no further liability for any damages, costs, losses (including without limitation pure economic loss, loss of profit, loss of business, interruptions to business, depletion of goodwill or reputation, and/or loss of commission), claims or liabilities, whether direct, indirect or consequential, incurred by you.
3.16 You acknowledge that once a product has been received into ‘Your Stock’ it cannot be cancelled or refunded. It can only be shipped to a customer or to your registered address.
3.17 We reserve the right to ship any stock held by you in ‘Your Stock’ for a period longer than 6 months directly to your registered address and you agree to pay shipping costs accordingly.
3.18 In the event that the stock held by you in ‘Your Stock’ exceeds the cubic space provided by one warehouse bay you acknowledge that you are required to pay storage fees at £100 plus VAT per month per bay or have some / all of the stock shipped to your registered address at your cost.
3.19 No contact between us and your customer shall come into existence as a result your use of the services and we shall have no obligation to any person other than the obligations we undertake to you in these terms and conditions.
3.20 You will indemnify us and keep us indemnified against any loss, including, but not limited to, damages, costs, losses (including without limitation pure economic loss, loss of profit, loss of business, interruptions to business, depletion of goodwill or reputation, and/or loss of commission), claims or liabilities, whether direct, indirect or consequential, howsoever caused to us as a result of any action by any of your customers.
3.21 In the event that we discover, or have reason to believe that you are not using the services in accordance with these terms and conditions, we reserve the right to suspend your subscription until the matter is resolved to our satisfaction.
3.22 We shall endeavor to fulfill all orders in accordance with these terms and conditions. We do not accept any risk for any sales agreements you enter into with your customers, including, but not limited to those relating to fraudulent transactions. It is your responsibility to ensure proper payment is collected from your customer. Once dispatched to the address for delivery we will not recall any product regardless of whether you receive payment in full and clear funds. Therefore we recommend that you receive payment in full clear funds before ordering the product from us.
3.23 In the event that you make a sale of any product offered by us, you are obliged to purchase that product from us. If we are unable to supply the product for any reason whatsoever we may, at our own discretion, allow you to source the product from another provider.
3. Product Pricing and Title
3.1 We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). The processing of an order can be cancelled or corrected by us at anytime up to the shipment of that order and any related items.
3.2 We reserve the right to alter all products pricing without notice.
3.4 The price for the products shall be inclusive of VAT and inclusive of all fees and charges in relation to packaging, carriage and insurance to the delivery address.
3.5 Payment for the price of the products or packages shall be due in pounds sterling at the time of the order.
3.6 Time of payment shall be of the essence and no payment shall be deemed to be received by us until it has been received in full and cleared funds.
3.7 Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account.
4. Your Order
4.1 Each order placed by you with us shall be an offer by to us to buy products or packages subject to these and the website terms and conditions
4.2 No order you place shall be deemed to be accepted by us until we have received payment from you and issued confirmation of the order.
4.3 You must ensure that the terms of your order, including the address for the delivery are complete and accurate.
4.4 All quotations and advertisements for products or packages given on this website are given on the basis that no contract for sale shall come into existence between us and you until we have received payment from you and issued acknowledgement of your order. Any quotations or advertisements for products given on this website may be altered or withdrawn by us at any time.
4.5 We shall endeavor that all orders are met within the period estimated. Packages are automatically delivered by email within seconds of receiving payment. We shall not be held responsible for delays of receiving these details due to issues with your email client or server problems.
4.6 Once an order for a package has been place by you and accepted by us you have no right to cancel the order, except at our discretion in exceptional circumstances. Once we have delivered login details of the package we are unable to cancel any orders.
4.7 When you place an order you will automatically receive a confirmation email from us to confirm your order. Your order constitutes an offer made to us to purchase the goods specified in the order.
4.8 We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.
4.9 If we are unable to reasonably ascertain these details or resolve these issues a full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.
5. Shipping and Customs Duty
5.1 All orders received by us are shipped subject to availability.
5.2 We reserve the right to ship products at a later date (up to 28 days after purchase) where the product ordered is not in stock at the time of purchase. In this situation you will be contacted and offered a full refund instead of delivery of the product.
5.3 We cannot be held responsible for disruption to shipping caused by industrial disputes or action outside our direct control. If such disruption occurs you will be offered delivery via an alternative delivery or fulfillment company or a full refund.
5.4 If you are ordering a product from outside the UK the recipient of the product is responsible for all customs duties or tariffs incurred in the country to which the products are shipped. Furthermore your order may be subject to delay or be opened and searched by local customs authorities when entering the destination country. Please note we are unable to provide specific advice on customs duties or tariffs.
7. Warranties
4.1 All warranties, conditions and other terms implied by state or common law are, to the fullest extent permitted by law, excluded from this Agreement.
4.2 All products carry the warranty stated on the product description.
4.3 We shall only extend the benefit of the manufacturer’s warranty to you and/or your customer, and do not separately warranty the products ourselves.
4.4 In the event of the product requiring replacement or repair under the warranty, you or your customer, must contact the product manufacturer directly.
6. Returns and Refunds
6.5 Please observe the following procedure for all returns to us:
6.5.1 Please notify us in writing, (email or letter) within 14 working days from the day after you receive your goods.
6.5.2 If you are returning your product because it is defective, please state the defect or defects.
6.5.3 Repackage the product in its original packaging, including any accessories, brochures, manuals, guarantees or warranties that came with the product. Unfortunately we will be unable to issue a refund where the product is in an incomplete state.
6.6 If the original packaging surrounding the product has been damaged or destroyed we will only issue a refund if the product is being returned due to a defect. If the original packaging of a defective product has been damaged or destroyed you should ensure that the returned product is adequately packed for shipment back to us.
6.7 You are responsible for paying any postage or shipping costs incurred when returning the product.
6.8 We recommend that all returns be sent by Royal Mail recorded delivery, so that a record of the return is available for you.
6.9 We will not issue refunds for any items lost or stolen in transit to us.
6.10 Where a return is lost or stolen in transit to us, you should claim compensation from the company that shipped the return.
6.11 Unused products may be returned by notifying us in writing, (email or letter) within 14 working days from the day after you receive your goods.
6.12 Subject to the above, we will refund the purchase price of a returned product within thirty days of receiving written notification of your intention to return the product.
6.13 We will also refund the cost of standard or recorded postage incurred returning a product, if incorrectly sent by us or where the product has been returned due to a defect. Please note that we will not refund any courier, overnight or express element of any delivery or postage charge, including Royal Mail Special Delivery.
7. Customer Complaints
7.1 We endeavour to respond to all customer complaints or queries within three working days.
7.2 If you have a complaint please email us stating at much detail as possible in order for us to resolve the issue within a satisfactory timescale, you will be kept fully informed of the status of your complaint.
8. Faulty Products
Where a Customer experiences a fault with a product it can be returned to K & M Family store, subject to our returns policy above.
9. Warranty Terms
9.1 Our products have a 12 months warranty against manufacturing defects.
9.2 Any goods which are subject to a warranty claim should be returned to K & M Family store for inspection.
9.2.1 Please notify us in writing, (email or letter) and state the reason for the return.
9.2.2 Upon inspection K & M Family store will repair or replace defective unit.
9.3 Warranty does not cover accidental or deliberate damage, acts of god, damage incurred by incorrect use or not following manufacturer’s instructions. The goods must not be modified or repaired by anyone other than one of our engineers or nominated service agents.
9.4 Any products that have not failed due to manufacturing defect will be repaired at the cost of the customer. K & M Family store reserve judgment on this and our decision is final.
9.5 Carriage costs for the return of goods to K & M Family store will be the responsibility of the customer.
9.6 Warranty does not cover the incorrect purchase of our products.
9.7 The warranty will become invalid if the products have not been used for the purpose they were designed for.
10. Events outside our control
K & M Family store shall not be liable for delay or failure to perform any obligation under these Terms & Conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute.
11. License
11.1 K & M Family store, grants you a license to access the content, information and services contained within our website for personal use only.
11.2 This license allows you to download and cache (using your browser) individual pages from our website.
11.3 This license does not allow you to download and modify individual pages or substantial parts of our website nor to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.
11.4 Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.
11.5 Our website cannot be placed within the frame-set of another site.
11.6 Third parties are not allowed to “deep link†to pages within our website, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.
11.7 The restriction on “deep linking†does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales.
12. Copyright
12.1 All content, databases, graphics, buttons, icons, logos, layouts and look & feel are the copyright of K & M Family store, unless expressly acknowledged as otherwise.
12.2 The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.
13. Reasonably Foreseeable Losses
13.1 K & M Family store will be liable for any losses incurred by you due to breaches of these Terms & Conditions by us, where such losses were reasonably foreseeable at the time the contract between you and us was made.
13.2 All business, indirect or consequential losses not reasonably foreseeable at the time of the contract between you and us are excluded.
13.3 K & M Family store does not exclude or limit liability for death or personal injury caused by the negligence or breach of duty by us, our employees or officers.
14. Severability
The foregoing paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
font-family:Arial;text-transform:uppercase;mso-bidi-font-weight:bold'>15. Limitation of liability
1. These provisions are without prejudice to the other provisions contained in these terms and conditions.
2. All times given for delivery, restocking etc. are estimates only and we shall not be liable for any damages, costs, losses (including without limitation pure economic loss, loss of profit, loss of business, interruptions to business, depletion of goodwill or reputation, and/or loss of commission), claims or liabilities, whether direct, indirect or consequential, incurred by you due to any delay by us, including if such delay was caused by our negligence.
3. Nothing in this agreement shall limit our liability for death or personal injury caused by our negligence or for any matter for which it would be illegal for us to attempt to exclude our liability or for fraud or fraudulent misrepresentation.
4. Without prejudice to the other provisions of this agreement, our total liability in contract, tort (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise, arising in the performance or contemplated performance of this Agreement shall be limited to the price of the products in any single order, if such liability is in relation to the products, or to the price paid for the subscription, if such liability is in relation to the services.
5. We shall not be liable to you for any pure economic loss, loss of profit, loss of business, depletion of goodwill or reputation, or similar loss in each case whether direct, indirect or consequential, or for any claims for consequential compensation whatsoever (howsoever caused) which arise under or in connection with this agreement.
16. Notices
16.1 All notices shall be given to us via submitting our website contact form.
16. Invalidity
16.1 If any provision of these terms and conditions is found by any court, tribunal or administrative body of competent jurisdiction, to be wholly or partially illegal, invalid, void, void able or unenforceable it shall, to such extent, be deemed to be severable and the remaining provisions of the terms and conditions and the remainder of the provision shall continue in full force and effect.
17. Privacy
17.1 All information that you provide about yourself to us shall be used in accordance with our Privacy Policy.
17.2 You acknowledge that you have read and agree to be bound by the terms of our Privacy Policy
15. Waiver
Failure by K & M Family store to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
16. Entire Terms & Conditions
These Terms & Conditions (as amended from time to time), together with terms and conditions of use of the website (as amended from time to time) and the privacy policy (as amended from time to time), constitute the entire agreement between you and us. You should regularly check the terms and conditions of use of the website and the privacy policy for any updates and/or amendments.
17. Jurisdiction
We shall endeavor to resolve any disagreements between us and you quickly and efficiently. The agreement between you and us shall be governed by the laws of England and Wales and you and we shall both submit to the exclusive jurisdiction of the courts of England and Wales.
Your statutory rights are unaffected.
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