Komplett.ie General Terms Conditions of Sale
Article 1: Definitions
In this document:
- Carrier: Means any person or business contracted by us to carry Goods from us to you, either all or part of the distance.
- Consumer: Means any natural person who, in connection with this agreement, is acting for purposes which are outside his trade, business or profession.
- Business Customer: Means a customer who is ordering in the course of business rather than for personal use. A customer who is not a consumer.
- Day: One calendar day
- Order: Means an offer from a customer to purchase Products from us. An Order for Products can be supplied as a Retail Order, a Boxed Order, a Bulk Order or an OEM Order. Please see our service help pages for a detailed explanation of these terms.
- Content: Means any material in any form published on Our Website by us or any third party with our consent.
- Our Website: Means the entire computing hardware and software installation that is or supports Our Website, Komplett.ie.
- IPR: Means patents, utility models, registered designs, registered trademarks and any applications for such registered rights, copyright, database rights, unregistered design rights, rights in semiconductor topographies, unregistered trademarks, trade or business names, domain names and all other rights of a similar nature or having equivalent or similar effect to any of the foregoing as in each case may exist anywhere in the world.
Article 2: Who we are
KBV B.V. trading as Komplett.ie.
Our registered address:
Hooge Zijde 30
Our contact details:
Telephone: 01 4433 150, (Monday - Friday from 09:30 -17:00, excluding public holidays.)
Our Irish VAT number: IE9991174T
Our WEEE Registration Number is 878WB.
Article 3: Our contract with you
The display of Products on the Site does not constitute an offer to sell Products as described. By clicking to place an Order, you are making an offer to buy which incorporates these terms and conditions.
- So far as the context allows, to you as a visitor to Our Website; and
- In any event to you as a buyer or prospective buyer of our Goods.
- We shall accept your order by e-mail confirmation. This email confirms that your order has been placed successfully and marks the point at which our Contract is concluded. Contained within this email is your order summary.
- We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
- Unfortunately, we cannot guarantee that Products advertised on our website are available at the time your order is placed.
- If we do not have all of the Goods you order in stock, the available items will be held together until the outstanding item returns to inventory. In cases where we cannot determine when this may be we will offer you alternatives. If this happens you may: accept the alternatives we offer or cancel all or part of your order.
- If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply.
- If you are owed a refund on account of your cancellation, we will credit your credit or debit card as soon as reasonably practicable but in any event not later than 30 days from the date of cancellation of your order.
Article 4: Your account with us
- You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
- Where you are a Consumer, you warrant that you are over 18 years of age.
- If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from accessing your account.
- You agree to accept responsibility for all activities that occur under your account or password. You should notify us immediately if you believe some person has accessed your account without your authority. You should also move quickly reset your password and secure access to your account. We reserve the right to refuse you access to Our Website.
- To ascertain how we process your personal data, please click on our Privacy Statement at the foot of the front page Komplett.ie.
Article 5: Your email address
- You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
- You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.
- You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.
Article 6: Prices & Payment
- The person who submits an Order to Komplett, and which is accepted by Komplett is responsible for payment for that order.
- Where you are a Consumer, you agree to pay the order price, the VAT, the PRF charge, shipping and any other charges in relation to a Confirmed Order in advance, and you authorize us to debit your credit card to that end. For more information, please see our service & help pages.
- Where you are a Business customer you can apply for credit. Please contact email@example.com to find out more.
- We will grant or refuse credit at our discretion.
- We reserve the right to rescind credit based on late payment or any information we deem relevant.
- If you are a business customer and in the absence of specific payment terms agreed in writing by Komplett, you agree to pay us without any deduction whatsoever the total amount shown on each invoice covering the Products purchased pursuant to these terms and conditions within 30 days of the date of delivery of the Products or of the date of our relevant invoice whichever is later.
- Price quotations given by us are valid only if in writing and are valid for 7days after the quotation date, unless otherwise stated in the quotation.
- The Prices set out on our Site are in Euro, the full retail price is inclusive of the PRF charge and VAT.
- We endeavour to keep our product prices updated and accurate but it is possible that the price may have increased from that published. Accordingly you agree that the price for Products may change at any time up to Order Acceptance. For changes in price after Order Acceptance you agree that the price for any Products as presented in your Order Confirmation, which have a scheduled delivery date more than 30 days after the date of the Order Confirmation are subject to price changes made and notified by us to you. You shall have the option within seven (7) days of the notification of a price increase to terminate the Confirmed Order concerned. However such notice of termination must be received by us within seven (7) days of the notification by us of the price increase to you and where notice of termination is not so served on us within the seven (7) day period, will have no effect.
Article 7: Delivery
- Deliveries will be made United Parcel Service (UPS) or another carrier instructed by us to the address stipulated in your order. You must ensure that someone is present to accept delivery.
- Delivery dates advised by us in an Order Confirmation, are approximate and we will not be liable for any loss or damage due to our failure to meet scheduled delivery dates or for failure to give notice of delay. Time for delivery shall not be of the essence unless previously agreed by us in writing. Products may be shipped by us to the agreed delivery point in advance of the scheduled delivery date.
- We may deliver the Goods in instalments if they are not all available at the same time for delivery.
- Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.
Article 8: Cancellation of an order
- If you are a citizen of the European Union, and you bought the Goods as a Consumer, you may cancel your order at any time before we dispatch your order.
- Where you are due a refund on account of a cancelled order, we endeavour to refund your money within 30 days.
Article 9: Export control
The Products and all related technical information that we may supply to you are subject to Irish and EU export control laws and the laws of any country where they are delivered or used. You undertake not to sell, lease or transfer Products purchased from us in breach of any such laws and regulations.
Article 10: Returning goods under Right of Withdrawal (Cooling Off)
- Subject to clause 10.2, Consumers may cancel a Confirmed Order after receipt and without giving any reason until:
- The end of the 14th calendar day after receipt by you of the Order.
- The end of the 14th calendar day when all such information required by law has been supplied by us.
- The consumer's right to withdrawal does not apply, if;
- Where the Products are made to your specifications;
- Are clearly personalised;
- Software, including but not limited to audio & video recordings which have been unsealed or;
- Products which are damaged or used.
- So far as possible, Goods should be returned:
- With an approved RMA form attached;
- with both goods and all packaging in their original condition;
- securely wrapped;
- including our delivery slip;
- at your risk.
Article 11: Warranty & warranty exclusions
- For consumers we stipulate that:
- At the time of the sale of Products, the subject of an Order, we will have title to sell the Products to you.
- Subject to articles 11.3 and 11.4, a Product sold to you conforms to the specifications published by the manufacturer.
- Products sold through Our Website are suitable for general use in domestic, non commercial, non research environments in a manner which is consistent with electrical characteristics described by the manufacturer.
- Fitness for use in any other manner or environment must be explicitly and clearly agreed in writing, with us, prior to purchase.
- Business customers must satisfy themselves as to the suitability of a Product for their needs prior to submitting an Order.
- The warranty at 11.1.2 shall not apply to any Product if;
- The Product has been repaired, tampered with, altered or modified, except by us or by persons authorized by us;
- The defects or damage to the Product result from normal wear and tear, misuse, negligence, improper storage, water or other liquids, battery leakage, use of parts or accessories not approved or supplied by us;
- The Product has been subjected to unusual physical or electrical stress, abuse, or accident, or forces or exposure beyond normal use within the specified operational and environmental parameters set forth in the applicable Product specification; nor shall the above warranty provisions apply to any expendable or consumable items, such as batteries, or Accessories supplied with the Product.
- Business customers are not automatically entitled to warranty and any warranty must be agreed by us in writing as part of a Confirmed Order.
Article 12: Remedy & Returns Material Authorisation (RMA)
- Subject to article 11 and 12.2, if we are in breach of the warranty given by us under clause 11.1.2 in respect of a Product, our sole obligation and liability shall be, and at our discretion, to:
- Repair the defect and return the product to conformity
- Or, supply a replacement product of similar specification.
- If you are considering making a warranty claim, you must do so promptly (in any event within the warranty period ) after you discover the fault and you must follow our Returning a Product procedure.
- We shall have no liability or obligation for defects in Products or failure to remedy defects except as expressly provided under this Agreement.
- Where Products are delivery damaged or items are missing, please contact Komplett.ie customer service.
Article 13: Disclaimers
- We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
- You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you could bring to our immediate attention, any that you find.
- We give no guarantee and make no representation, express or implied, as to:
- the adequacy or appropriateness of the Goods for your purpose;
- the truth of any Content on Our Website published by someone other than us;
- any implied warranty or condition as to merchantability or fitness of the Goods for a purpose other than that for which the Goods are commonly used;
- compatibility of Our Website with your equipment, software or telecommunications connection.
- Our Website contains links to other internet websites that are not necessarily connected to Komplett. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
- We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
- In any event, including the event that any term or condition or obligation on our part ('Implied Term') is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
- The above two sub paragraphs do not apply to a claim for personal injury.
Article 14: Content and Intellectual Property Rights
- We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
- We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.
- Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
- You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
- Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
- The worldwide IPR in the Site including in any text, compilations, graphics, buttons, icons, images, audio clips, data compilations, or any trademark on the Site, are owned by us, or the applicable Komplett company or our suppliers as the case may be. We grant you a limited right to access and use the Site solely for reviewing and searching for Products and for buying Products (including Accessories). However such licence does not authorise you to copy or download or modify any portions of the Site. Neither does this licence grant you a right to use any trademarks of us, our group companies or our suppliers.
Article 15: System Security
- We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted.
- You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website. This includes, but is not limited to:
- You agree not to use Meta-tags or any other hidden text using our name without our written consent. You also undertake not to link or attempt to link the Site with other sites or services or use Meta-tags or other devices containing any reference to us in order to direct a person to any other site of service.
- You also agree not to use the Site in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way and in any event only use it for lawful purposes.
- You may not use any software tool for the purpose of extracting data from our website.
- You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
Article 16: Miscellaneous Provisions
- When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
- Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual or other obligation upon us in respect of those goods or service.
- Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.
- If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
- No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
- In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
- We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
- This Agreement shall be governed by and construed in accordance with the law of the Republic of Ireland. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
Article 17: Indemnity
You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
Article 18: Force Majeure
We shall in no event be liable for any delay or default in our performance of any obligation under these terms and conditions or under an Agreement, caused directly or indirectly by an act or omission of you, or resulting from, war, fire, flood, act of God, acts of Government or regulatory body or authority, including currency restrictions, an act or omission of civil or military authority of a state or nation, strike, lockout or other labour problem, embargo, riots or civil disturbance, shortage in transportation, ordinary shortage of stock, reduction in mainforce supplies, or stock shortages as a result of delays in deliveries by sub suppliers or manufacturers inability to secure, delay in securing or shortage of labour, materials, supplies, transportation or energy, failures or delays of subcontractors or suppliers, earthquake, terrorist action, breakdown, or destruction of plant or equipment arising from any cause whatsoever, or any other cause or causes beyond our reasonable control.
At our option and following notice by us to you, any of the foregoing causes shall be deemed to suspend such obligations of us as long as any such cause shall prevent or delay performance. If an event of force majeure called by us shall last for more than 60 days, the Confirmed Order concerned can be terminated by either party without compensation.