Terms & Conditions
KINETICA - WEBSITE TERMS OF USE
Last update: 19 May 2020
1. WHO WE ARE
Thank you for visiting our website. These terms and conditions of use (“Terms of Use”) govern your access and use of your customer account and the website located at www.kineticasports.com including all information, tools and services available from that website (together, the “Website”).
The Website is operated by Kinetica Sports Nutrition, part of Boyne Valley Unlimited Company, a company incorporated under the laws of Ireland, with company registration number 24499 and registered address at Platin Road, Drogheda, Co. Meath (“we”, “us” or “our”). Our VAT number is IE8J18478E.
You can contact us by emailing us at salesorders@kinetica-sports.com
When we say “you” or “your”, we mean any person who has a customer account, who visits, accesses or uses the Website or who purchases something from us. If you are using or accessing the Website on behalf of your firm or organisation, you confirm that you have the legal authority to bind them to these Terms of Use.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
2. APPLICABLE TERMS
As well as these Terms of Use, please also see the following additional documents, which are not part of these Terms:
Our Data Protection Policy is available here
Our Cookie Policy available is here
Additional terms and conditions and policies may apply to specific elements or features of the Website, including discounts, special offers, and similar events. These additional terms and policies are incorporated into these Terms of Use.
You should familiarise yourself with these Terms of Use and all of the documents listed above as they form the basis of our legal relationship with you and they affect your rights and liabilities under law.
3. ACCEPTING THESE TERMS OF USE
By accessing or using the Website, you confirm that you have read, understand and accept the Terms of Use, and are agreeing to comply with these Terms of Use. If you do not agree with these Terms of Use you must not access or use the Website. We recommend that you print a copy of these Terms of Use for future reference.
4. YOUR RESPONSIBILITIES
a) If you are a consumer user, you acknowledge that we only provide the Website for private and domestic use. You agree not to use the Website for any commercial or business purposes.
b) When using and accessing the Website, you must comply with all applicable laws.
c) You must have access to the internet or other network service in order to access or use the Website. It is your responsibility to select, obtain and pay for internet and network access (including excess charges if you exceed any data caps) and any equipment, internet access or services necessary for such internet or other network access and to comply with the terms and conditions of the relevant service providers. We are not responsible for the failure of such internet or network services. You acknowledge that the quality and bandwidth of your internet or network service will affect the quality and speed of access to and use of the Website.
d) You are responsible for making all arrangements necessary for you to have access to or use of the Website and for ensuring that your device and software meets the minimum specifications and is configured correctly. You should use your own virus protection and firewall software. You are solely responsible for regularly backing-up your content and data used in connection with the Website.
e) You are responsible for ensuring that all persons who access the Website through your device or internet account are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
f) By using the Website, you acknowledge that the transmission of data over the internet can never be completely secure and you accept the risk that others may be able to read or intercept any of your content or other information, text, media, graphics you submit or send to or through the Website. This includes transmissions that are identified as secure or encrypted.
5. AMENDING THESE TERMS
We may change these Terms of Use or any other policies and terms from time to time. If we make a change to the Terms of Use, we will provide you with notice of the change by email to your registered email address, or by posting the changes on our website. If you don’t agree to the amended Terms of Use, you will not be able to access our Website. We therefore recommend that you check these Terms of Use regularly to ensure you understand the terms that apply at that time. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
6. CHANGES TO THE WEBSITE
We may update and change the Website from time to time but we have no obligation to update any information on the Website. You agree that it is your responsibility to monitor changes to the Website. We will try to give you reasonable notice of any significant changes by posting a message on the Website. Any new features or tools which are added to the current Website are also subject to the Terms of Use.
7. SETTING UP AN ACCOUNT
a) You need to register a user account to access or use certain features of the Website.
b) Your account is subject to following:
(i) you must be at least 18 years old and resident in the Republic of Ireland or the UK (including Northern Ireland).
(ii) any personal information you provide must be accurate, up-to-date and truthful and you must keep such information up-to-date; and
(iii) you are solely responsible for all activity on your account or anything that happens using your user ID or password.
8. ACCOUNT SECURITY
When you register your account with us, you will be provided with a user ID. You should treat your user ID and password as secure and confidential. You are responsible for keeping this information safe and must not disclose it to any third party. If you know or suspect any unauthorised use of your account, user ID, password, or of any other security breach you must immediately contact us.
9. INTELLECTUAL PROPERTY
We are the owner or licensee of all intellectual property rights in the Website and in the material published on it, including text, graphics, user interfaces, visual interfaces, illustrations, photographs, trademarks, logos and computer code, the design, structure, arrangement, selection, coordination, expression, and ‘look and feel’ of the Website (together, “Our Content”). All of these rights are protected by copyright and other intellectual property laws and treaties around the world. No licence is granted to you in these Terms of Use or elsewhere to use any trade mark owned by us or any of our affiliates.
You must not alter, reproduce, republish, sell, disseminate, distribute, transmit, broadcast or commercially exploit any part of Our Content or the design or look and feel of the Website, unless we agree in writing in advance. You may not store, link, frame, scrape or deep-link Our Content on any other website or app or in any other medium or format unless we agree in writing in advance.
You must always acknowledge our status and that of any identified contributors as the authors of material on our site.
We are entitled to investigate any suspected or actual improper, illegal, or unauthorised use of Our Content or the Website (or any part of it) and we are entitled to take any legal action we deem appropriate.
10. THIRD PARTY TOOLS & CONTENT
The Website may include content or tools from third parties. We do not monitor or have any control or input over these content or tools. We provide access to these content and tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We are not responsible or liable for the availability or accuracy of these content or tools, for your use of these tools and content, or for any dealings you may have with any third party in connection with or as a result of these content or tools. Any use by you of tools or content 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 any content or tools are provided by the relevant third party provider(s).
11. LINKS TO THIRD PARTIES
Certain information, products and services available through our Website may include materials from third parties. The Website may also contain links to third party websites that are not affiliated with us. These links are provided for your convenience only and do not amount to an endorsement of any information or materials contained on those sites. We are not responsible for examining or evaluating and have no control over the information, products, services or materials on or available from third party websites, or their availability or accuracy. We 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. You access these at your own risk.
We 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. You should carefully review the third party's policies and practices and make sure you understand them before you engage in any transaction. You must direct any complaints, claims, concerns, or questions regarding third-party products to the relevant third party.
12. LINKING TO THIS WEBSITE
You may link to the Website homepage only if you do so in a manner that is fair and reasonable and that does not harm our reputation and does not take advantage of it. You may not link in such a manner as to suggest any form of association or approval on our part, unless you have received our prior written approval. You must not frame the Website on any other website, and you must not create a link to any part of the Website other than the home page. We may withdraw our permission to any linking permission at any time without having to give prior notice.
13. ACCEPTABLE USE
You must not (and you must not to allow anyone to) access or use the Website, any of our products or services or any of Our Content for any of the following purposes:
a) in violation of any applicable law;
b) for any unlawful, fraudulent or malicious purpose or effect;
c) for the purpose of harming or attempting to harm children in any way;
d) to promote illegal activity or violence;
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) in any way that violates any law or infringes the rights (including the privacy or intellectual property rights) of us or anyone else;
h) interfering or disrupting any networks or websites connected with the Website or interfering or disrupting any other person's use of the Website;
i) attempting to gain unauthorised access to the Website, any part or feature of the Website, or any servers, equipment, software, systems or networks associated with the Website;
j) 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 any other services, websites or the internet;to collect or track the personal information of others or to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form or similar solicitation (‘spam’); or
k)for hacking into or inserting malicious code, such as viruses, or harmful data, into the Website, or any other network or system.
You agree not to circumvent the security features of the Website or reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, use of the Website, or access to the Website or any contact on the Website through which any of our products or services is provided, unless you first receive our express written permission.
We are permitted to suspend or terminate your right to use of the Website or any related services if you violate this paragraph 13.
14. FEEDBACK, REVIEWS & OTHER CONTENT
Feedback: If, at our request, you submit specific materials to us (for example competition entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “feedback”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any feedback that you forward to us. We are under no feedback (a) to maintain any feedback in confidence; (b) to pay compensation for any comments; or (c) to respond to any feedback.
Reviews: If you submit a product review on our Website, you should focus on your personal experience of using the product and provide us with a description of what you liked or disliked about the product. We do not have to post your review if it contains inappropriate language, hateful, defamatory or objectionable material.
Comments: You agree that any feedback, reviews or other content you submit (collectively, “comments”) must: (a) not violate the rights of any third party (including intellectual property rights); (b) not contain libellous or otherwise unlawful, abusive or obscene material; and (c) not contain any computer virus or other malware that could in any way affect the operation of the Website or any related services or website. You are solely responsible for any comments you make and their accuracy. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. We take no responsibility and assume no liability for any comments posted by you or any third party.
We may, but have no obligation to, monitor, edit or remove any comments that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or that violate any party’s rights (including intellectual property rights) or these Terms of Use.
15. OUR LIABILITY
You should read this clause carefully as it excludes and limits our legal liability in connection with your use of the Website to the fullest extent permitted by applicable law.
The Website has not been developed to meet your individual requirements. We provide the Website for general information purposes only and you should not rely on results or information obtained from the Website or use it 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 the Website is at your own risk. We aim to ensure that the Website and Our Content is accurate at the time of publication, however, the Website or its content or features may change from time to time and we are not responsible if information made available on this site is not accurate, complete or current. We do not guarantee, represent or warrant that your use of the Website will be uninterrupted, timely, secure or error-free. To the extent allowed by applicable law, the Website and Our Content are provided on an ‘as is’ and ‘as available’ basis and without any warranties, undertakings or representations (whether express, implied or statutory), whether with respect to merchantability, fitness for a particular purpose, non-infringement, title, availability, compatibility, security or accuracy.
To the fullest extent allowed by applicable law, we and our affiliates and business partners and our and their respective directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors, are not liable for:
a) any direct, indirect or consequential loss or damage; or
b) any loss, corruption or damage to equipment, property or systems; wasted management or office time; any business interruption; or any loss of profits, income, revenues, goodwill or reputation, data, contracts, opportunity, business or anticipated savings, or any similar damages; or
c) any other loss or damage of any kind, however arising and even if foreseeable,
whether based in contract, tort (including negligence), strict liability or otherwise, arising out of or in connection with the Website, any of Our Content, these Terms of Use, or from your use of, or inability to use, the Website, our services and products (or any part of them), or the information displayed on it (including any errors, inaccuracies or omissions in such information or any faults, interruptions or delays in connection with the Website).
We do not exclude or limit in any way our liability for any fraud or fraudulent misrepresentation or in any other way that is not allowed under applicable law.
16. INDEMNITY
To the fullest extent allowed by applicable law, you will indemnify and keep us and our affiliates and business partners and our and their respective officers, directors, shareholders, employees, agents, licensors and suppliers (each an "indemnified person") indemnified, on demand, from and against all losses, liabilities, damages, judgments, awards, penalties, settlements, fines, costs and expenses (including reasonable legal fees) suffered, incurred or paid out by an indemnified person that arise out of or in connection with: (a) any violation of the Terms by you; (b) any claim by any third party that your use of the Website infringes or is alleged to infringe any applicable law or regulation or the legal rights (including the privacy or intellectual property rights) of any other person; (c) any fine or penalty imposed by any regulator or other body or authority in connection with your use of the Website.
17. SUSPENSION & TERMINATION
These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Website.
We may, at any time, limit, suspend or withdraw the availability of all or any part of the Website. For example, we may need to do this for business and operational reasons or to address security issues or changes in law. We will try to give you prior reasonable notice of any limitation, suspension or withdrawal. We are not liable to you or to any third party for any modification, suspension or discontinuance of the Website.
18. DATA PROTECTION
We will use your personal information as set out in our Data Protection Policy.
19. GENERAL
a) In these Terms of Use, the singular includes the plural and the masculine includes the feminine and neuter and vice versa. The paragraph headings do not form a part of these Terms of Use. Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party. When we use the words "writing" or "written" in these Terms of Use, this includes emails.
b) These Website Terms of Use (including the Product Terms of Sale and any additional terms, policies or operating rules that we may provide when you engage with a feature of the Website or place an order), are the only agreement between you and us regarding the Website and Products and supersede all previous agreements, promises, representations, warranties and understandings between you and us regarding the Website and Products.
c) We are not responsible or liable for any failure, breach or delay caused by circumstances outside of our control.
d) You are not permitted to assign, novate or transfer any of your rights or obligations under these Terms of Use. We may assign, novate or transfer any or all of our rights and obligations under these Terms of Use to another organisation without your consent. We will tell you in writing if this happens.
e) Each of the paragraphs of these Terms of Use operates separately. If a court of competent jurisdiction determines any provision or part-provision of these Terms of Sale to be invalid, illegal or unenforceable, it will be deemed deleted, but that does not affect the validity and enforceability of the rest of the Terms of Sale.
f) If you breach any provision of these Terms of Use and we do not take any action, this does not affect our ability to rely on these Terms of Use at a later date.
g) The existence, formation, interpretation, operation and termination of these Terms of Use and any matters or disputes arising out of or in connection with them (whether contractual or non-contractual), are governed by and interpreted in accordance with the laws of Ireland. The courts of Ireland will have exclusive jurisdiction on any matter or dispute (whether contractual or non-contractual) between you and us arising out of or in connection with the Website or the Terms of Use. If you access the Website from a country other than Ireland you are responsible for compliance with the applicable laws in that jurisdiction. You must not access the Website from countries where access or the contents of the Website is illegal.
h) If you are a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in the Terms of Use, including the paragraph above, affects your rights as a consumer to rely on such mandatory provisions of local law.
KINETICA - PRODUCT TERMS OF SALE
Last update: 19 May 2020
1. WHO WE ARE
Our business name is Kinetica Sports Nutrition and we are part of Boyne Valley Unlimited Company, a company incorporated under the laws of Ireland, with company registration number 24499 and registered address at Platin Road, Drogheda, Co. Meath (“we”, “our” or “us”). Our VAT number is IE8J18478E. We operate the website located at www.kineticasports.com including all information, tools and services available from that website (together, the “Website”).
When we say, “you” or “your” we mean the person that places an order for the Products. If you are buying Products on behalf of your firm or organisation, you confirm that you have the legal authority to bind them to these Terms of Sale.
2. APPLICABLE TERMS
The sale, purchase and supply of all goods and services (or any part of them) supplied to you by us through our Website ("Products") is made on the following terms and conditions (“Terms of Sale”). You waive any right you may have to rely on any term endorsed on, delivered with, or contained in any documents that is inconsistent with the Terms of Sale.
Additional terms and conditions and policies may apply to specific Products or purchase or sale of specific Products, including discounts, special offers, and similar events. These additional terms and policies are incorporated into these Terms of Sale.
As well as these Terms of Sale, please also see the following additional documents, which are not part of these Terms:
Our Data Protection Policy is available here
- Our Cookie Policy is available here
You should familiarise yourself with these Terms of Sale and all of the documents listed above as they form the basis of our legal relationship with you and they affect your rights and liabilities under law. You should print a copy of these terms for future reference.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
3. ACCEPTING THESE TERMS OF SALE
By accessing or using the Website or placing an order for a Product, you confirm that you have read, understand and accept these Terms of Sale, and are agreeing to comply with these Terms of Sale. If you do not agree with these Terms of Sale you must not access or use the Website or place any orders.
4. ORDERS
Nothing on the Website constitutes an offer to sell any Product shown. Any order you place on the Website is an offer to us to sell to you the Product ordered. You are responsible for the accuracy and completeness of any orders you place. We are not responsible for any incorrect or incomplete orders you place.
When you place an order, you will receive an acknowledgement email confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us and you for the purchase and supply of Products will not be formed until we have debited your payment method and we then send you an email that confirms that the Product has been dispatched (each an “Order”). The Order will relate only to those Products whose dispatch we have confirmed in the dispatch confirmation email. We are not obliged to supply any other Products which may have been part of your order until we confirm the dispatch of such Products in a separate dispatch confirmation email. We will retain a record of your Order on our files. The dispatch confirmation email and these Terms of Sale will govern our contract, which will be in the English language only. Please save a copy of these Terms of Sale and our confirmation email for future reference
You agree to provide current, complete and accurate purchase and account information for all Orders. You agree to promptly update your account and other information, including your email address and payment card numbers and expiration dates, so that we can complete your Order and transactions and contact you as needed.
All Orders are subject to availability and confirmation of the order price. As we process your Order, we will inform you if any Products turn out to be unavailable. If you order a Product that is unavailable, we may dispatch a suitable alternative product unless you notify us otherwise. If a Product you have ordered is not available in the quantity you have ordered, we may dispatch a lower quantity.
If we are unable to accept your order, we will inform you of this by email and will not charge you for the Product or will arrange a full refund. This may be because the Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline. We will not be liable to you for any loss you incur due to us exercising this right. Without restricting this right, we may decline to sell Products if, in our sole judgment, we believe that the order appears to be placed by children, dealers, resellers or distributors.
5. YOUR RIGHT TO MAKE CHANGES
If you wish to make a change to a Product you have ordered please contact us using the details provided on the acknowledgement email confirming receipt of your order. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product or delivery, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. YOUR STATUS
We do not sell products for purchase by children. If you are under 18, you may only purchase the Products under the supervision of an adult. By placing an Order you warrant that: (a) you are legally capable of entering into binding contracts; (b) you are at least 18 years old; (c) you are resident in one of the countries where we offer our Products for Sale; and (d) you are accessing the Website from that country. You must not use our Products for any illegal or unauthorised purpose and you must not violate any laws in your jurisdiction (including but not limited to intellectual property laws).
7. PRODUCT DETAILS
Certain Products may be available exclusively online through the Website. These Products may have limited quantities. We reserve the right at any time to modify or discontinue a Product (or any part or it) without notice at any time.
We reserve the right, but are not obligated, to limit the quantities of any Products that we offer or limit the sales of our Products to any person, geographic region or jurisdiction. We may, in our 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 payment card, or orders that use the same billing or delivery address.We may exercise these rights on a case-by-case basis. We reserve the right to discontinue any Product at any time.
The Website may contain typographical errors or other errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any Orders that are placed based on information on the Website that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, delivery, payment terms, or return policies.
Certain Products displayed on our Website may vary slightly from their pictures. The images of the products on our Website are for illustrative purposes only. Although we endeavour to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary from those images. The packaging of the product may vary from that shown on images on our Website.
8. PRICES
The price of the Product, which includes VAT, is the price indicated on the order pages when you place your Order. Prices are subject to change at any time. However, changes will not affect the price for Product in respect of which we have already sent you a dispatch confirmation. We are not be liable to you or to any one else for any modification, price change, suspension or discontinuance of a Product.
Prices include VAT, where applicable, but exclude delivery costs, which we will add at the applicable rate to the total amount payable. Information about delivery costs is set out in detail in our delivery guide which you can access before you place your Order.
Our Website contains a large number of Products so it is always possible that, despite our best efforts, some of the Products we offer may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge you the lower amount. If a Product's correct price is higher than the price stated on the Website, we will at our discretion, either contact you for instructions before dispatching the Product, or cancel your Order and notify you of such cancellation. If we are unable to contact you, we will treat the Order as cancelled. If we cancel and you have already paid for the Products, you will receive a full refund.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a dispatch confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing. If this is the case, we may cancel the Order with you, refund any sums you have paid and require the return of any Products provided to you.
9. PAYMENT
We offer various ways for you to pay, including Visa, MasterCard and PayPal.
You understand that your content 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. We will require authority for payment at the time of placing your Order.
We will charge you immediately when you place your Order. .
10. IMPORT DUTY
If you Order any Products for delivery outside the Republic of Ireland, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination.
You are responsible for payment of any such import duties and taxes. We have no control over these charges and cannot predict their amount. You should contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We are not liable for any breach by you of any such laws.
11. DELIVERY
When your Order is ready to be dispatched, we will deliver it to at the address given when you place your Order as soon as reasonably possible and in any event within 30 days after the day on which we accept the Order. Delivery addresses must be within an area that our carrier will deliver to in Europe. We are entitled to make partial deliveries or deliveries by instalments and these Terms of Sale apply to each such partial delivery or delivery by instalment.
If we provide you with a delivery date this is an approximate date only and assumes you have given us all necessary information to properly process your Order. Time of delivery is not of the essence. We are not responsible for any losses or damages, whether direct or indirect, arising from any late delivery or non-delivery of Products. We may deliver the Products in advance of the estimated delivery date.
12. RISK AND TITLE
We are not responsible for any loss or damage to Products in transit and the risk of loss or damage to the Products passes from us to you as and from the point of departure of the Products from our premises. You should consider choosing a trackable delivery service or purchasing shipping insurance. You waive all claims against us arising from any loss or damage to the Products in transit.
Title to the Products, including full legal and beneficial ownership, only passes to you when we receive full payment of all sums due in respect of the Products, including delivery charges. Until then, we remain the legal and beneficial owner of the Products.
13. COOLING OFF
If you are resident in the European Union and are contracting as a consumer, for most products bought online you have a legal right to change your mind within 14 days and receive a refund. How long you have depends on what you have ordered and how it is delivered - you have 14 days, beginning on the day after you received the Products, unless:
a) your goods are split into several deliveries over different days. In this case you have until 14 days after the day you receive the last delivery to change your mind about the goods; or
b) your goods are for regular delivery over a set period (for example a 12 month subscription of goods). In this case you have until 14 days after the day you (or someone you nominate) receive the first delivery of the goods.
c) f you are an EU resident and wish to exercise your right to change your mind and cancel your order, you must inform us of your decision to cancel this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. Our dispatch confirmation email sets out more details of this right and explains how to exercise it. If you are a consumer this provision does not affect your statutory rights.
You are entitled to receive a full refund of the price paid for the Products including the cost of sending them to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. However, you will be responsible for the cost of returning the Products to us.
14. RETURNS AND REFUNDS
When you buy Products from our Website, we want you to be happy with your purchase. Sometimes you may want to return Products and in these circumstances, the following terms apply.
If you are returning an item(s) over €50, you should consider using a trackable delivery service or purchasing shipping insurance. We don’t guarantee that we will receive your an Product that you return.
a) If you change your mind after receiving the Products
.If you change your mind, our return policy for a Product lasts 30 days from the date of purchase. We do not offer refunds or exchanges for that Product after this period has elapsed. To be eligible for a return, the Products must be unopened and in the same condition that you received them. Products must also be in the original packaging with all original tags, labels and any accessories.
Several types of goods are exempt from being returned for change of mind. These include perishable goods, intimate or sanitary goods, gift cards, some health and personal care items.
To complete your return, we require your original receipt or proof of purchase. Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your return request within a reasonable period of time.
If you return Products because you change your mind, you are responsible for paying for your own delivery costs for returning Products and for all packing, delivery and insurance costs to return the Products. All such costs you pay are non-refundable.
b) If you receive defective or damaged Products
We only replace items if they are defective or damaged. Once your return is received we will inspect it. We will only refund or replace if we are satisfied that the defect or damage existed at the time of delivery and that the Products have not been affected by misuse, neglect, accident, improper storage, installation or handling or by repair or alteration.
We will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your request for a replacement or refund within a reasonable period of time.
If you return a Product because it is defective or damaged and request a refund that we approve, we will refund you in full, including a refund of the delivery charges for sending the Product to you and the cost incurred by you in returning the Product to us.
Depending on where you live, the time it takes for your replacement Product to reach you, may vary.
c) If you receive Products in error
If you return Products as a result of us delivering the Products in error, we will pay return delivery costs provided you use our nominated carrier, the Products are correctly addressed to our return address we notify to you, and you charge the delivery to our account at the same address.
Return address
If you need to return or exchange a Product, please contact us as follows:
By Email: salesorders@KINETICA-SPORTS.COM
Postal Address: Platin Road, Drogheda, Co Meath, Drogheda, Meath, A92YC85, Ireland
Refund of payments
If you are entitled to a refund, we will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you by email that you were entitled to a refund.
If you paid by a credit or debit card, we will apply the refund to that card; or
Refunds for products purchased under a promotional offer will be based on the terms of the promotional price.
15. LIABILITY
To the fullest extent allowed by law:
a) we do not warrant that the quality of any Products, information, or other material purchased or obtained by you will meet your expectations or requirements, or that any errors will be corrected;
b) we exclude all warranties, conditions and representations, express or implied, statutory or otherwise in relation to the quality or fitness for any particular purpose of the Products;
c) we are not liable for any loss of profits, loss of income or revenue, loss of business; loss of contracts, loss of anticipated savings, loss of data, or waste of management or office time, or any indirect or consequential loss, however arising and whether arising contract, tort (including negligence) or otherwise, even if foreseeable; and
d) our total aggregate liability to you for all other claims, losses, liabilities, costs and expenses, whether in contract, tort (including negligence) or otherwise, arising under or in connection with the manufacture, sale, delivery, re-sale, replacement or use of any of the Products will not exceed the price paid by you to the us for the Products which give rise to the claim.
e) We do not exclude or limit in any way our liability for any fraud or fraudulent misrepresentation or in any other way that is not allowed under applicable law.YOUR STATUTORY RIGHTS
f) Where the Products are sold to you under a consumer transaction, nothing in these Terms of Sale affects your statutory rights in relation to your rights as a consumer.
16. AMENDING THESE TERMS
We may change these Terms of Sale or any other policies and terms from time to time. This will not affect any Orders you have placed with us, but the amended Terms of Sale will apply to your future purchases. The most recent version of the Terms of Sale will be the ones you will need to accept before making any purchase through the Website. Any amendment, variation or modification to these Terms of Sale you purport will not bind us.
17. GENERAL
a) These Terms of Sale (including the Website Terms of Use and any additional terms, policies or operating rules that we may provide when you engage with a feature of the Website or place an Order), are the only agreement between you and us regarding the Website and Products and supersede all previous agreements, promises, representations, warranties and understandings between you and us regarding the Website and Products. We each acknowledge that, in entering into these Terms of Sale, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written between us before the date of the Order.
b) In these Terms of Sale, the singular includes the plural and the masculine includes the feminine and neuter and vice versa. The paragraph headings do not form a part of these Terms of Sale. Any ambiguities in the interpretation of these Terms of Sale shall not be construed against the drafting party.
c) You are not permitted to assign, novate or transfer any of your rights or obligations under these Terms of Sale. We may assign, novate or transfer any or all of our rights and obligations under these Terms of Sale to another organisation without your consent. We will tell you in writing if this happens.
d) We are not responsible or liable for any failure, breach or delay caused by circumstances outside of our control. In such circumstances we are entitled to a reasonable extension of the time for performing such obligations.
e) Each of the paragraphs of these Terms of Sale operates separately. If a court of competent jurisdiction determines any provision or part-provision of these Terms of Sale to be invalid, illegal or unenforceable, it will be deemed deleted, but that does not affect the validity and enforceability of the rest of the Terms of Sale.
f) If you breach any provision of these Terms of Sale and we do not take any action, this does not affect our ability to rely on these Terms of Sale at a later date.
g) The existence, formation, interpretation, operation and termination of these Terms of Sale and any matters or disputes arising out of or in connection with them (whether contractual or non-contractual), are governed by and interpreted in accordance with the laws of Ireland. The courts of Ireland will have exclusive jurisdiction on any matter or dispute (whether contractual or non-contractual) between you and us arising out of or in connection with the Website or the Terms of Sale.
h) f you are a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in the Terms of Sale, including the paragraph above, affects your rights as a consumer to rely on such mandatory provisions of local law.
i) If you wish to complain or raise a dispute about Products you have purchased online, you may also be able to use the European Commission’s Online Dispute Resolution platform, which can be found at www.ec.europa.eu/consumers/odr.
j) When we use the words "writing" or "written" in these Terms of Sale, this includes emails.
18. CONTACTING US
If you have any questions, requests or complaints regarding these Terms please contact us using the following information:
Email: salesorders@kinetica-sports.com
Mailing Address:Platin Road, Drogheda, Co. Meath, A92YC85, Ireland