Terms and Conditions
Format of the Contract
These terms of sale apply to all goods supplied by Kenobi Technology Solutions Limited, whose registered office is at Suite F14, Hurstwood Court, New Hall Hey Rd, Rawtenstall, BB4 6HH registered in England and Wales No. 11657224 (the "Supplier", or "we", or "our").
Any order placed by you for goods, by formal quotations and order confirmation is an offer by you to purchase the goods selected. No contract exists between you and us for the sale of any goods until we have received your order and accepted it (which we may do at our discretion).
We will send you an order acknowledgement shortly after you place your order, notifying you that we have received your order. Such acknowledgement will be by email or by post.
If we accept your order, we will notify you by email that we have accepted it prior to dispatch of the goods. If we cannot accept your order (for example (but without limitation) because the goods are found to be unavailable) we will notify you by telephone or email.
In the event that, after we accept your order, we discover that the goods ordered are unavailable or that there was a pricing error in respect of the goods ordered, we reserve the right not to supply the goods ordered and to offer you a refund or alternative goods in accordance with conditions 2.2 to 2.4 below.
The contract is subject to your right of cancellation (see condition 7 below).
We have the right to terminate the contract if the price of the goods is not received from you in cleared funds (in accordance with condition 3.1).
The Supplier may change these terms of sale without notice to you in relation to future sales.
Description and price of the goods
The description and price of the goods you order will be as shown on the supplier’s quotation, sales order or invoice.
If after acceptance of your order we discover within 2 days of such acceptance that all of the goods are unavailable, we may terminate the contract and refund or credit you within 7 working days for any sum that has been paid by you or debited from your credit card for those goods. In these circumstances, we will inform you as soon as possible.
If within 7 days of our acceptance of your order we discover that some but not all of the goods are unavailable, we will no longer supply those unavailable goods. In these circumstances we will contact you detailing the goods that are unavailable and offer you the option of cancelling the whole order or amending your order to substitute the unavailable items with alternative goods. If you have not cancelled the order within 14 days of receipt of such notice, we will deliver the available goods in accordance with condition 4 below. We will refund or credit you for any sum that has been paid by you or debited from your credit card in respect of the unavailable goods or cancelled order (if you have cancelled it).
Every effort is made to ensure that prices shown in quotations are accurate at the time you place your order. If within 2 days of accepting your order a pricing error is found in respect of any or all of the goods you have ordered, we will notify you as soon as possible detailing the incorrectly priced goods and offering you the option of:
placing a new order at the correct price for those goods;
cancelling the whole of your order; or
cancelling your order for the incorrectly priced goods and reconfirming your order for the correctly priced goods.
If, within 14 days of receipt of our notice to you, you have not responded confirming your wish to adopt conditions 2.4.1 to 2.4.3 above then:
if all of the goods you have ordered are found to be incorrectly priced, the entire order will be cancelled automatically and the Supplier will refund or credit you for any sum you have paid for those goods; or
if only some of the goods you have ordered are found to be miss-priced, our contract with you continues and we will deliver the correctly priced goods but we will not be obliged to supply you with the incorrectly priced goods. In these circumstances we will refund or credit you for any sum you have paid for the incorrectly priced goods.
To avoid any doubt, where goods are unavailable and you order alternative goods from us, or where goods have been incorrectly priced and you subsequently order such goods at the correct price, these terms of sale shall apply to the order and the supply of the relevant goods, whether the order is placed through our website or otherwise.
In addition to the price, you may be required to pay a delivery charge for the goods, details of which are clearly displayed on a sales quote, order or invoice.
Payment for the goods and delivery charges can be made via credit account (subject to acceptance) bank transfer, cheque or cash. Where no credit account exists payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.
There will be no delivery until cleared funds are received (with the exception of business accounts where we have agreed credit facilities with you).
Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
Late payment will accrue interest in accordance with the Late Payment of Commercial Debts Act. Interest is accrued at 5% above the Retail Price Index.
Where goods are purchased by a Company, the liability of that debt is not limited to the company, but to the Directors, whom remain jointly and severally liable.
The goods you order will be delivered to the address you give when you place your order, except that some deliveries are not made outside the United Kingdom.
Orders placed before 4.00 pm on a working day will be processed the next day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.)
If delivery cannot be made to your address for reasons under the Supplier’s control the Supplier will inform you as soon as possible.
If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier , the Supplier may:
store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
sell the goods at the best readily obtainable price and either (a), where you have not already paid for the goods in question, account to you (after deducting all reasonable storage and selling expenses) for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods or (b), where you have already paid for the goods in question, account to you (after deducting all reasonable storage and selling expenses) for any proceeds received.
If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to the Supplier. Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure.
Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you of any delay as soon as possible and will give you the option of cancelling your order at this point.
Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.
The goods are at your risk from the time of delivery.
Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
the goods, and
all other sums which are or which become due to the Supplier from you on any account.
The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.
Title for Business Customers
If you are a business customer until ownership of the goods has passed to you, you must:
store the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Supplier’s property;
not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Supplier’s behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce the policy of insurance to the Supplier; and
hold the proceeds of the insurance referred to in condition 6.1.2 on trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
If you are a business customer your right to possession of the goods shall terminate immediately if:
you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
you encumber or in any way charge any of the goods.
Your right of cancellation
You have the right to cancel the contract at any time up to 14 days after you receive the goods (see below). Please note that this policy has some limitations and does not apply to business customers.
To exercise your right of cancellation, you must give written notice to the Supplier by hand, post, or email, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
Except in the case of faulty or incorrectly described goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned to; KENOBI TECHNOLOGY SOLUTIONS LTD, Suite F14, Hurstwood Court, New Hall Hey Rd, Rawtenstall, BB4 6HH. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty or incorrectly described goods the Supplier shall, after receiving notification in accordance with condition 8.4, 8.5 or 8.6, either collect the goods from you or ask you to return the goods to the Supplier in accordance with the Supplier's Returns procedure (see condition 12 below).
Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or credit you within 14 days for any sum that has been paid by you or debited from your credit card for the goods.
Except in the case of faulty or incorrectly described goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
You do not have the right to cancel the contract if the order is for computer software which has been unsealed by you, or for consumable goods which, by their nature, cannot be returned, save where a fault is discovered which could not have been discovered otherwise than by unsealing the goods.
All new goods supplied by the Supplier are warranted free from defects from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer. If new goods develop a defect during the warranty period, you should follow the Supplier's Returns procedure (see condition 12 below). In the event of a valid claim for a defect in the new goods, where clauses 8.4 or 8.5 do not apply, the Supplier will (at its option) either:
replace those goods, if the Supplier has available the same goods at the same price;
repair those goods; or
refund or credit you the sum you have paid for the relevant goods within 30 days of the date that the relevant goods are returned in accordance with the Supplier's Returns procedure (see condition 12 below).
Wherever possible, previously used or owned goods ("Used Goods"), factory outlet stock (“factory outlet”) will be highlighted as being so at the time you place your order. All Used Goods supplied by the Supplier are warranted free from defects for at least 60 days from the date of supply (unless otherwise stated). This warranty does not affect your statutory rights as a consumer. If Used Goods develop a defect during the 60 day warranty period, you should follow the Supplier's Returns procedure (see condition 12 below). In the event of a valid claim for a defect in the Used Goods, the Supplier will (at its option) either:
replace those Used Good(s), if the Supplier has available the same Used Goods(s) at the same price;
repair the Used Good(s); or
refund or credit you the sum you have paid for the relevant Used Good(s) within 30 days of the date that the relevant Used Good(s) are returned in accordance with the Supplier’s Returns procedure (see condition 12 below).
The warranties in conditions 8.1 and 8.2 above do not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than in accordance with its intended use, failure to follow the manufacturer's or Supplier’s instructions, or any alteration or repair carried out without the Suppliers prior written approval.
If the goods supplied to you are damaged in transit, you should notify the Supplier in writing within 48 hours and return the goods to us in accordance with our returns policy (see condition 12 below). Once we have verified the fault, we will issue you with (at your discretion) a replacement or full refund via your original payment method and reimburse your reasonable return carriage costs. This does not affect your rights under clauses 8.1, 8.2 and 8.5.
If the goods supplied to you are faulty or incomplete on arrival (whether or not they were damaged in transit), you must notify us within 48 hours upon of receipt of the goods and return the goods to us in accordance with our returns policy (see condition 12 below). Once we have verified the fault, we will issue you with (at your discretion) a replacement or full refund via your original payment method and reimburse your reasonable return carriage costs. This does not affect your rights under clauses 8.1 and 8.2.
If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing, as soon as possible, but in any event within 14 days of the date you discovered or ought to have discovered the damage, defect or complaint.
Limitation of Liability
Subject to 9.2 below, if you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where:
there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
such loss or damage is not a reasonably foreseeable result of any such breach;
any increase in loss or damage resulting from breach by you of any term of this contract.
Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier’s negligence or fraudulent misrepresentation.
If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement;
loss of business; loss of data; loss of profits; loss of goodwill; loss of anticipated savings or loss of revenue even when advised of the possibility; or
any indirect or consequential losses, liabilities or costs.
If you are a business customer then the aggregate liability of the Supplier (whether in contract or for negligence or breach of statutory duty or otherwise howsoever) to you for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed the price of the goods in question.
The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
Product images are for illustrative purposes only and may differ from the actual product.
We know that you will be pleased with your purchases from Kenobi Technology Solutions Limited. However, there may be occasions when you will need to return items to us. To return a product, please first read though the following terms and conditions, then follow our returns online procedure
Items Damaged in Transit - If any items were damaged in transit, we ask that you report it to us within 48 hours. If the items are visibly damaged on receipt, it's best to sign the carrier's delivery note accordingly. Items should be returned in their original packaging complete with all accessories and documentation. Once received back into our warehouse, we'll issue a replacement or full refund to you via your original payment method and reimburse your reasonable return carriage costs.
Items Faulty on Arrival - If your items are faulty on arrival, you have 48 hours in which to inform us of the fault. Items should be returned in their original packaging complete with all accessories and documentation. Once we have verified the fault, we'll issue a replacement or full refund to you via your original payment method and reimburse your reasonable return carriage costs. We test returned items, and if a returned item is found not to be faulty by our technicians we will return the item to you, in this instance you will be liable for the return carriage.
Items Faulty in Warranty Period - For business customers all warranty repairs after 14 days of receipt are referred directly to the manufacturer (unless otherwise stated)
Open-Box Items (Used) - Please note that our open-box (used) stock is sold with 90 calendar days warranty only (unless stated otherwise), and therefore any claims under the warranty after 90 days of receipt will not be accepted.
If you change your mind - If you have simply changed your mind about any item ordered and you wish to return it, then in line with the Distance Selling Regulations (DSR) you can do so provided you inform us of your decision within 48 hours of receipt. The item must not be used and must be 'as new' when returned to us. Once you've informed us that you wish to return goods under the DSR, you have 14 calendar days to do so, at your own expense. Once the item is received, we'll issue a full refund for the product to your original payment method. Please note this policy has some limitations and does not apply to business customers.
In the case of business customers If you have opened the packaging that the hardware product was shipped in, ordered incorrectly, or the packaging is damaged or defaced you will be subject to a minimum 20% handling /restocking fee.
Kenobi Technology Solutions will not accept liability to any loss or damage incurred during the delivery process, inclusive of shipping and delivery to Kenobi Technology Solutions
Governing Law and Jurisdiction
These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract.