K&N Filters (Europe) Limited Terms & Conditions

It is important that you read these Terms and Conditions carefully before placing an order. They govern our relationship with you in relation to the K&N UK website (www.knfilters.co.uk) (the “Website”) and your purchase of Goods from it.

IN PARTICULAR YOUR ATTENTION IS DRAWN TO THE SECTION ON K&N’S LIABILITY TO YOU.

1. Definitions

In these Terms and Conditions, the following words and expressions shall have the following meanings:

“Business Day”		shall mean a day that is not a Saturday, Sunday or public or bank holidays;
“Goods”		shall mean any K&N products shown on the Website for purchase;
“Intellectual Property Rights”		all intellectual and industrial property rights including patents, know-how, registered trade marks, registered designs, utility models, applications for and rights to apply for any of the foregoing, unregistered design rights, unregistered trade marks, rights to prevent passing off for unfair competition, copyright, database rights, topography rights and any other rights in any invention, discovery or process, in each case in the United Kingdom and all other countries in the world and together with all renewals and extensions.

2. The contract between you and K&N Filters (Europe) Limited

2.1 We are K&N Filters (Europe) Limited (“K&N”), a company registered in England and Wales at Companies House. K&N’s registered office is at Unit 35 Flexspace Ellesmere Port North Road, Ellesmre Port Cheshire, CH65 1AE, United Kingdom and the registered number is 01541198. K&N’s VAT number is GB449028384. K&N is an ISOQAR Quality Assured Firm - ISO9001:2008 Certificate 999QM8001. Orders are shipped out of our Ellesmere Port, Cheshire, England facility.

2.2 Should you have any queries or complaints about these Terms and Conditions or about your order, please contact K&N at the address set out above for the attention of the K&N Sales Department, or by e-mailing K&N at [email protected] or on +44 (0) 1925-636950.

2.3 To purchase from us you must be aged 18 or over. We can ship to certain countries within Europe, but we will not be obliged to do so and we may make an extra charge.

2.4 The technical steps required to create the contract between you and K&N are as described on the Website. In summary, You place an order for Goods on the Website by entering your address and payment information and submitting the order and payment at the end of the checkout process. It is your responsibility to ensure that your order is correct before submitting it to K&N.

2.5 Following submission of your order, K&N will send you an order acknowledgement email detailing the Goods that you have ordered. This is not an order confirmation or order acceptance from K&N. The contract between you and K&N shall only be formed when K&N confirm your order by confirmation email at the time the Goods are shipped from our warehouse.

2.6 K&N reserve the right to decline your order for any reason including in the case where K&N have insufficient stock to deliver the items ordered. If we do have to decline your order we will notify you by email. We will return all money you have pre-paid for that order but will not otherwise have any liability to you for any losses suffered as a result.

3. Delivery

3.1 K&N will deliver the Goods ordered by you to the address you give to K&N during the online ordering process.

3.2 K&N shall use reasonable endeavours to ensure that delivery will be made as soon as possible after your order is accepted and within thirty (30) days from when we confirm acceptance of your order. If there is a delay which means it will take longer than 30 days to deliver your order we will contact you by email to determine if you would like to wait or cancel the order and receive a full refund.

3.3 We are not responsible for delivery delays occurring after we have dispatched your order which are beyond our reasonable control.

4. Ownership of and Risk in the Goods

Risk and ownership in the Goods shall pass to you on delivery, unless payment has not been received by K&N in full. In such circumstances, risk shall pass on delivery but ownership shall not pass until K&N has received all sums due from you in full.

5. Price and Payment

5.1 Prices for Goods are listed on the Website and are amended from time to time. Prices include VAT (unless otherwise stated) and delivery charges which will apply to all orders. Delivery charges are also listed on the Website and are amended from time to time.

5.2 All orders must be paid for in Pounds Sterling at the prices displayed at the time of submitting your order.

5.3 Payment shall be made through the payment facilities on the Website using Visa, MasterCard, Maestro, or JCB at the time of submission of your order. PayPal may also be payment option.

6. Product Stock Status

K&N make no guarantees at the time of order that any Goods are in stock. Any information on the Website that Goods are in stock are estimates only.

7. Right for you to cancel your contract

7.1 If you are a consumer, in addition to your other legal rights, you may cancel your contract for the Goods you order for any reason by informing K&N in writing of your desire to cancel at any time within seven (7) Business Days starting from the day after the date you receive the Goods. K&N will issue you a Returns Good Number which should be quoted on the outside of the returned package. You must take reasonable care to ensure that as far as possible Goods are returned in their original packaging and in saleable condition. You must return the Goods to K&N at the address set out above at your own cost and risk using a recorded or tracked method of delivery within fourteen (14) days of the date that the Goods are delivered to you. It is advisable that the Goods are insured by you during the return journey.

7.2 Refunds will be processed within 30 days from when we receive your request to cancel.

7.3 If you cancel the contract but do not take reasonable care to return the Goods to us in the delivered condition or if you do not pay the costs of delivery, K&N shall notify you of this and shall be entitled to charge you the costs of recovering the Goods and/or of repairing the Goods.

8. Warranty and Liability

8.1 Please see the knfilters.co.uk website for product warranty information.

8.2 If you are not a consumer, all other warranties, conditions and other terms not expressly set out in these Terms and Conditions (including but not limited to those implied by law whether by statute, common law or otherwise) are excluded to the fullest extent permitted by law.

8.3 These Terms and Conditions do not exclude K&N’s liability to you in any way for:

    8.3.1 personal injury or death caused by our negligence;
    8.3.2 any breach of K&N’s obligations to provide good title in the Goods to you;
    8.3.3 losses arising under Section 2(3) of the Consumer Protection Act 1987 (product liability);
    8.3.4 fraud or fraudulent misrepresentation; or
    8.3.5 any matter for which it would be illegal for us to exclude or to attempt to exclude our liability.

8.4 Except as set out in clause 8.3, K&N are not liable for any:

    8.4.1 losses which were not reasonably foreseeable by you and us;
    8.4.2 any business losses (including but not limited to loss of profits);
    8.4.3 any losses caused by circumstances outside of our reasonable control; or
    8.4.4 indirect or consequential losses (for example losses which happen as a side effect of the main loss or damage your suffer).

8.5 Except as set out in clause 8.3 our liability to you in connection with each order you make shall be limited to the amount you have paid in connection with that order.

THESE TERMS AND CONDITIONS IN NO WAY AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER AND YOU MAY HAVE OTHER RIGHTS AVAILABLE TO YOU UNDER LAW.

9. General

9.1 K&N reserve the right to update its Terms and Conditions from time to time. Please check the latest version each time you place an order.

9.2 Only you and K&N may enforce these Terms and Conditions under the Contracts (Rights of Third Parties) Act 1999.

9.3 If any provision of these Terms and Conditions or any term of the contract is found by any court or body or authority of competent jurisdiction to be illegal, unlawful, void or unenforceable, such term shall be deemed to be severed from the Terms and Conditions or contract and this shall not affect the remainder of the Terms and Conditions or contract which shall continue in full force and effect.

9.4 No right or licence is granted to you in respect of the Intellectual Property Rights of K&N or its licensors, except the right to use the Goods you have purchased.

10. Governing Law and Jurisdiction

10.1 These Terms and Conditions, your order and any non-contractual matters arising out of or in connection with them will be governed by English law.

10.2 If any disputes arise between us and you want to take court proceedings, you must do so in the English courts (unless you reside in Wales or Scotland in which case you may do so in that country’s courts).