TERMS OF SERVICE
https://kcstrade.co.uk (the Website) is a website operated by KCS TRADE ROOFING AND CLADDING LTD (KCS). KCS offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting the website and/ or purchasing a product, you engage in KCS’ “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using the website. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. KCS reserves the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given KCS your consent to allow any of your minor dependents to use this site.
You may not use KCS’ products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
KCS reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by KCS.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
KCS are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. KCS reserves the right to modify the contents of this site at any time, but KCS have no obligation to update any information on the website. You agree that it is your responsibility to monitor changes to the website.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for KCS’ products are subject to change without notice.
KCS reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
KCS shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to KCS’ Return Policy.
KCS have made every effort to display as accurately as possible the colours and images of KCS’ products that appear at the store. KCS cannot guarantee that your computer monitor’s display of any colour will be accurate.
KCS reserves the right, but are not obligated, to limit the sales of KCS’ products or Services to any person, geographic region or jurisdiction. KCS may exercise this right on a case-by-case basis. KCS reserve the right to limit the quantities of any products or services that KCS offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of KCS. KCS reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
KCS do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
KCS reserves the right to refuse any order you place with KCS. KCS may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that KCS makes a change to or cancel an order, KCS may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. KCS reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at KCS’ store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that KCS can complete your transactions and contact you as needed.
SECTION 7 – OPTIONAL TOOLS
KCS may provide you with access to third-party tools over which KCS neither monitor nor have any control nor input.
You acknowledge and agree that KCS provides access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. KCS shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
KCS may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via the Website may include materials from third-parties.
Third-party links on the website may direct you to third-party websites that are not affiliated with KCS. KCS are not responsible for examining or evaluating the content or accuracy and KCS do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
KCS are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at KCS’ request, you send certain specific submissions (for example contest entries) or without a request from KCS you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that KCS may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to KCS. KCS are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
KCS may, but have no obligation to, monitor, edit or remove content that KCS determine in KCS’ sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead KCS or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. KCS take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. KCS reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
KCS undertake no obligation to update, amend or clarify information in the website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied to the website or on any related website, should be taken to indicate that all information on the website or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, national or local regulations, rules, laws, or local ordinances; (d) to infringe upon or violate KCS’ intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the website or any related website, other websites, or the Internet. KCS reserves the right to terminate your use of the website or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
KCS do not guarantee, represent or warrant that your use of KCS’ service will be uninterrupted, timely, secure or error-free.
KCS do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time KCS may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by KCS) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall KCS, KCS’ directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless KCS and KCS’ parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or KCS. You may terminate these Terms of Service at any time by notifying KCS that you no longer wish to use KCS’ Services, or when you cease using the website.
If in KCS’ sole judgment you fail, or KCS suspects that you have failed, to comply with any term or provision of these Terms of Service, KCS also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to KCS’ Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of KCS to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by KCS on the website or in respect to The Service constitutes the entire agreement and understanding between you and KCS and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and KCS (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
Please note that these Website Terms of Service, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. KCS and you both agree to the exclusive jurisdiction of the courts of England and Wales.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
KCS reserves the right, at KCS’ sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to the website. It is your responsibility to check the website periodically for changes. Your continued use of or access to the website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to KCS at firstname.lastname@example.org , or call 01691 839 604 .