Terms & Conditions Of Purchase
These Terms and Conditions apply to the goods sold by Kelko Plant Sales Limited (hereinafter “Kellys”), a company incorporated in Northern Ireland with company number NI036378 whose registered office is at Milltown East Industrial Estate, Upper Dromore Road, Warrenpoint, Co Down, BT34 3PN.
These Terms and Conditions constitute a binding agreement between you and Kellys with full legal force. Every purchase you make through eshop is subject to these Terms.
How can I place an order?
You can place your order through our online store located at https://kellysretail.com, adding the products you want to your cart and then going to the online checkout where you fill in the required information and payment method. Your order is registered by clicking the “PLACE ORDER” button when you exit the checkout.
How do I know that my order has been accepted?
a) By clicking the “PLACE ORDER” button when you leave the checkout, after reading and accepting these Terms, Kellys receives your purchase request.
b) The confirmation of your purchase request, which is automatically sent to the email account you have stated with the submission of your order, simply certifies that your order has been received by Kellys.
c) Subsequently Kellys will send you a separate email with the confirmation of the shipment. You are solely responsible for staying informed over the progress of your order. In no case will Kellys be considered to have agreed with your purchase offer if you do not receive a confirmation of the shipment of your order in writing from Kellys. In the case that you do not receive the shipment confirmation within 2 working days from the submission of your order, please contact us.
d) Kellys does not bear any responsibility for any incorrect request for products, information or method of payment / place of shipment by you.
e) Your order is finalised with the payment of the money and the purchase is complete only with either the collection, or the delivery of the products to the address that you have indicated to us.
Product availability
a) If the products you ordered are not available, Kellys will inform you about whether or not they accept your order, as well as regarding the availability of the products. In case of lack of stock which cannot be replenished immediately, you reserve the right to cancel your order.
b) Kellys checks the correctness of the listed prices of the products of the online store daily, but in any case, they reserve the right to any incorrect indication of a price due to human or technical error. Kellys will inform you of any errors in the listed product prices you ordered and the state of current price. In case of an error in the listed price, Kellys reserves the right not to agree with your purchase offer and, therefore, not to proceed with your order.
c) When a product is marked “available on request” you will be informed within 2 working days about the delivery time of your products.
d) In any case, any cancellation of an order before its completion, either on the part of the buyer or on the part of the seller, implies the immediate release of the price which had been committed.
Payment Terms
a) All prices of https://kellysretail.com are in GB pounds and include the legal VAT.
b) Upon completion of the ordering process, the consumer can pay by Credit or debit card (Realex/Global Payments).
c) MasterCard and Visa credit cards are accepted. Payment information is encrypted when processed. All online payments via credit or debit card or Paypal are made through a secure environment. The data that the consumer enters when making an electronic payment, is not monitored or processed or stored by Kellys, but by the respective provider and / or payment server instead.
d) In case a refund is required, it will be carried out by Kellys in the same way as the consumer paid the price, unless otherwise agreed with the consumer, without unjustified delay.
Collection & Delivery
a) You may collect your order in-store or opt to have it delivered. Kellys will ship your order to the destination you have specified within a reasonable timeframe (usually the next day). In case of inaccessible or remote areas, shipping and delivery of your products may take longer. The cost of delivery is stated on the form of your order, before you submit it.
b) Delivery costs are also calculated in the basket.
FLAT RATE SHIPPING: this form of shipping includes pallet shipping for bulky items. Please contact us before placing your order to ensure everything fits on 1 pallet and whether you can avail of the offered rate in your shopping basket/checkout.
c) processing times & working hours
Our working hours are the following:
Monday to Thursday – 7:30am to 5:00pm
Friday – 7:30am to 4:00pm
Saturday – 8:00am to 12:30pm
IN-STORE collection:
Within 2 working days (Monday to Friday) of placing your order, and should all the items that make up your order be in stock, you will receive an email from us stating that it has been processed and it is due for collection. In case any part of your order is not available for immediate collection we will contact you in order to either amend it, or provide you with a refund.
Delivery:
All orders to be delivered outside our premises will be processed and posted within 2 working days (Monday to Friday). In case any part of your order is not available for immediate delivery we will contact you in order to either amend it, or provide you a refund.
1. Delivery times
UK – Average delivery time – 2 to 3 working days
Ireland – 3 to 5 working days
2. In any case, the delivery of the order will not exceed 30 days, except in cases of force majeure (transport strikes, bad weather, etc.).
3. The consumer must check the products they receive upon receipt and only sign the delivery if they are satisfied with their order.
4. In case of a damaged product, a product that was damaged during the transport or receipt of a wrong product, you must notify Kellys in writing within 3 days of receiving your order. Kellys will take all reasonable steps to resolve the problem.
5. If you do not receive your order after the shipment notice and despite the relevant notice from the carrier, Kellys reserves the right to withdraw from the sale. In such a case, the consumer will receive a credit note of the same value as the sale price, which will be repaid by Kellys in the same way that the consumer paid the price.
Title retention
Products that may have been delivered to you without having been paid in full or in part, remain the property of Kellys until the final, full and complete payment of the price.
Right to withdraw
a) If you are a consumer that opted to place and order on our website and have it delivered, you have the right to withdraw from the distance sale of non-defective products, exclusively within a period of 14 calendar days, returning your order in whole or in part and in its original state.
b) Products are not accepted for return without their packaging or labels. Also, products that have been used or their factory condition has been altered are not accepted (eg staining, pulling, tearing, missing parts, etc.).
c) Kellys carries out thorough checks to ensure that the products you receive are in excellent condition. In case of receipt of a damaged product (except for a factory defect) Kellys reserves the right to refund part of the price, depending on the damage suffered by the product you returned.
d) In order for the return to be accepted, the product must be accompanied by the receipt of purchase
e) The right to withdraw does not apply to:
- purchases made for business purposes
- orders collected in-store
WHERE TO RETURN AN ITEM:
Buyer pays return postage to:
KELLYS Building Supplies Milltown East Industrial Estate Upper Dromore Road Warrenpoint Co Down BT34 3PN Northern Ireland
Consequences of withdrawal
a) In case of valid exercise of the right to withdraw, any reduction in the value of the goods, as well as any benefits resulting from this reduction, should be restored with monetary compensation, only in the case and to the extent that it is due to the management of the product in a way that goes beyond the usual examination of products other than that which is necessary to determine the nature, characteristics and function of the product.
b) By usual examination and management of the product in order to determine the nature, characteristics and function of the product, we mean the examination of the relevant goods, in the common manner in which it would have been conducted in a physical store.
c) Products that are returned with a carrier of the customer’s choice and not with one of Kellys predefined delivery services, they are returned at the risk of the customer and the shipping costs in this case are borne by the customer. The consumer is liable for any impairment of the value of the product (see no. 3 below), for the determination of which Kellys reserves all rights until the receipt of the returned goods. If the product is received and checked for any impairment of its value, any monetary liability to the customer will be refunded in the same manner that the initial payment was received , unless otherwise agreed with them. The refund obligation will be fulfilled without undue delay and within 14 calendar days from the return of the product.
d) The right to withdraw for the purposes of the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 does not apply:
- To products that have not been purchased through Kellysretail.com.
- Where the products have been used, including installation, assembly or installation of components on the product.
- Where the delivered products have either been manufactured according to the specifications set by the consumer or ersonalised according to their personal requirements .
- Where the delivered products are not suitable for return as soon as they are unsealed for health reasons or for hygiene reasons.
- In the case of services, after the full provision of the service, as the consumer has already acknowledged at the time of the order, that he loses the right to withdraw once the contract is fully performed.
e) With the valid exercise of the right to withdraw and provided that the product has been returned to Kellys, the consumer will receive a credit note equal to the sale price, which will be repaid by Kellys in the same manner as the payment was made by the consumer, unless otherwise agreed between the parties, without unjustified delay. Kellys will reimburse any payment received within 14 calendar days from the date on which it was informed of the decision to withdraw from the sale.
g) Kellys is entitled to refuse any reimbursement until the product has been returned, as well as to claim compensation through legal means for any kind of costs incurred.
Return of In-store Collections
Orders collected from our premises are covered by the Consumer Act 2015. Faulty products can be returned for a full refund within 30 calendar days from the date of collection. Outside this timeframe Kellys reserves the right to offer a partial refund depending on the case.
We offer our customers the chance to return an item they have purchased in-store within 14 calendar days from the date of collection should they have a change of heart, provided the item is returned in the same condition that it was received.
Defective Products
a) All of our products are accompanied by a guarantee of safety and good operation. For factory defect issues you can contact us directly to resolve the matter.
b) In the above case, you can either contact us through email at [email protected] or send us all the necessary information through our contact form.
c) If a product is declared defective by the consumer, Kellys expressly reserves the right to diagnose the product as defective by competent technicians.
d) As soon as a product is returned as defective and Kellys, after thorough inspection, ascertains the defect, the defective product is either replaced with a new one or a full refund is given. The consumer will not incur any additional charges.
e) In the case that a product does not have a factory defect, then we will contact you in order to either:
- Return the product as is, or
- Keep the product and refund all or part of the monies paid, depending on the damage the product has suffered while it was in your ownership.
There shall be no assignment or transfer of rights regarding the defectiveness of a product.
Protection of personal data
We inform you that for the purposes of fulfilling our obligations from our transaction, the data you give us are collected and kept exclusively for the fulfillment of these obligations, as well as for purposes of compliance with the obligations imposed by law (eg issuance of legal documents, submission of tax returns, etc.). This data will not be transmitted to unauthorized third parties, except our partners, whose services are necessary for the execution of the contract (eg carriers, computer support companies, etc.). All our partners are committed in writing to the protection of your personal data. Any customer data stored on returned devices will be deleted by Kellys and will not be further processed by us.
For more information about your personal data and your rights to it, please read our Privacy Policy.
Final provisions
a) These general terms and conditions are governed by the laws of Northern Ireland.
b) Any dispute between Kellys and the consumer falls under the jurisdiction of the Northern Irish courts. For the out-of-court settlement of the dispute you can also address the competent bodies for out-of-court settlement of consumer disputes, i.e. the Consumer Council for NI or the Consumer Council. You can also contact the European Dispute Resolution Body, the respective online Dispute Resolution (ODR) platform of the European Commission.
c) The protections afforded by UK and EU law on distance contracts, as well as these terms, only apply to transactions with natural persons, who have made a purchase for reasons that do not fall within their commercial, craft or business activity.
d) In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole.
