Privacy Policy | Conditions of Sale
Privacy Policy
TERMS & CONDITIONS
1. INTRODUCTION
These Terms and Conditions govern the use of this website and any other website operated by Kenwood Limited that has referred you to these Terms and Conditions ('the Site') and should be read before you make any use of it. These Terms and Conditions shall apply to all visits and use of the Site, as well as to the information (including but not limited to text, graphics, photographs, images, moving images, sound, illustrations and software) and services (together the 'Content') provided to you on or through the Site. By accessing and using the Site, you give your agreement to these Terms and Conditions in their entirety in addition to any other law or regulation that applies to the Site, the Internet, and/or the World Wide Web. If you do not agree to these Terms and Conditions in their entirety you should leave the Site and make no further use of it.
2. SITE AND CONTENT OWNERSHIP
The Site is owned and operated by Kenwood Limited, a company registered in England and Wales under number 872044 with its registered office at New Lane, Havant, PO9 2NH, England.
All of the Content of and on the Site is owned by Kenwood Limited ('Kenwood') or associated companies (the 'Kenwood Group'), its licensors and/or its content providers. All aspects of the Site including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trade mark, design right (whether registered or not) and other laws relating to intellectual property rights. Except as explicitly permitted under this or other agreements with the Kenwood Group, no part of the Site or Content may be copied or retransmitted via any means and the Site, its Content and all related rights shall remain the exclusive property of the relevant member of the Kenwood Group or its licensors.
3. COPYRIGHT
The copyright in all Content is owned by the Kenwood Group. Except as is otherwise explicitly permitted within the Site, you are permitted to view, play, print and download documents, audio and video found on the Site for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. Except as explicitly permitted under the law relating to copyright, you may not reuse any Content without first obtaining Kenwood's explicit consent, such prohibition of use extends to the use of any Content on any other website or networked computer environment. You may not remove any copyright, trademark or other proprietary notices from Content found on the Site.
If you download software (including but not limited to screensavers, icons, videos and wallpapers) from the Site, the software, including any files or images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by Kenwood who has full and complete title to it and to all intellectual property rights therein. Your ownership rights are limited to the medium on which the Software is recorded and you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
4. TRADEMARKS
All trademarks product names and trade names of Kenwood used on the Site are trademarks or registered trademarks of the Kenwood Group, unless stated otherwise. You may not, without Kenwood's prior express permission use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Kenwood Groups trademarks in any way, including on any other website or network computer environment, in advertising or in publicity of any kind.
5. DISCLAIMER OF WARRANTIES
The Site and the Content are provided 'as is' and without any express or implied warranties of any kind, including but not limited to, implied warranties of quality, fitness for a particular purpose and non-infringement to the fullest extent permitted by law. The Content on the Site is for general information only and does not constitute advice.
Kenwood does not represent or warrant that the Content of the Site are accurate, complete, error free or current nor that access to the Site will be uninterrupted, that any defects in the Site will be corrected or that the Site or its hosting server are free of viruses or any other harmful components. Further, Kenwood does not make any representations or warranties in relation to the use of the Site and/or its Content in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by law.
Kenwood reserves the right to suspend, withdraw or modify the whole or any part of the Site at any time without notice and without incurring any liability.
6. LIMITATION OF LIABILITY
Your use of the Site is at your own risk. No Kenwood Group company nor any of their officers, directors or agents or any other party involved in creating, producing or delivering the Site will be liable for any loss or damage including, but not limited to, direct, indirect, special or consequential damages whether arising in contract, tort (including negligence) or otherwise.
The Kenwood Group acknowledges that nothing in these Terms and Conditions excludes or limits its liability for death or personal injury caused by its negligence or for fraud.
7. LINKS TO OTHER WEBSITES
Links provided on the Site allow you to access websites outside the Kenwood Group's control. Such links are provided because they may be of interest to you or allow you to access complementary products or services provided by third parties. Kenwood is not responsible for the content or changes in content on these sites. You therefore access these sites entirely at your own risk and you should note that these other sites may employ the use of cookies, collect data or solicit personal information, and you are therefore advised to check the terms of use and privacy policies on these sites prior to using them.
8. MISUSE OF THE SITE
You may not use the Site to post or transmit any material which is or may be infringing, threatening, false, misleading, inflammatory, libellous, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. You are also prohibited from using the Site to advertise or perform any commercial solicitation.
9. DISCLAIMER - USER PARTICIPATION
Kenwood may make it possible for others to view and distribute content generated by you, for instance through e-postings and sending postcards to other persons. In using such services you agree that Kenwood only acts as a passive conduit for the distribution and is not responsible and liable for the content of the communications and materials generated by you or other users.
Kenwood reserves the right at its sole discretion to block or remove any communications and material it believes is not in accordance with these Terms and Conditions, or is otherwise unacceptable to Kenwood.
10. USE OF THE SITE BY CHILDREN
If you are under 16, you must ask the permission of a parent or guardian before you:
- email the Site, or ask us to email anything to you;
- send in any information to us;
- enter any contest or game that requires information about you or offers a prize;
By continuing to use the Site and any of the services offered, you are confirming that you have obtained the permission of a parent or guardian to do so.
11. UNSOLICITED SUBMISSIONS
Except where expressly provided otherwise, Kenwood will not accept any unsolicited submissions via this Site.
12. TESTIMONIALS
Testimonial statements displayed on this Site have been selected from letters, e-mails and calls Kenwood receives from its customers.
13. APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be governed by the laws of England and the parties hereby submit to the non-exclusive jurisdiction of the English Courts. If any portion of these Terms and Conditions become void, it will not affect the validity and enforceability of the remaining provisions.
14. CONTACTING US
You are welcome to contact us at:
Kenwood Limited
Attention: Web Site Manager / Data Privacy Officer
New Lane
Havant
PO9 2NH
United Kingdom
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Privacy policy
1. INTRODUCTION
The protection of your privacy is important to Kenwood. This statement discloses information practices of Kenwood, including what type of data we may collect and hold, how it is used and with whom the data is shared. It also explains how you can contact us if you have any queries or concerns about your personal information.
This Privacy Statement is applicable to data collected by Kenwood Limited and other Kenwood Group and associated companies in Europe that distribute Kenwood's products and other Kenwood companies world-wide (together 'Kenwood'). In order to help you understand how we will use the data you provide, the following guidelines have been created.
In general, it is possible to access our sites without supplying any personal data. But in the cases where personal information is collected it is used primarily to best provide the services you might request and secondly to improve how Kenwood might serve you, by making appropriate use of the information. Further, we may also use this information to send you from time to time information about Kenwood products and services that we think may be of interest to you. Unless required to do so by law and as set out in this policy, we will not share, sell or distribute any of the information you provide to us without your consent.
2. DATA STORAGE AND SECURITY
The data may be transferred, stored and processed inside or outside the European Union and anywhere in the world but will not be disclosed to anyone outside the Kenwood Group, its associated companies or other companies who provide services of assistance to Kenwood's customers. We employ security measures to protect your information from access by unauthorised persons and against unlawful processing, accidental loss, destruction and damage. We will retain your information for a reasonable period or as long as the law requires.
This information will be treated in accordance with the Directive 95/46/EC of the European Parliament in accordance with national laws passed pursuant to the Directive.
3. YOUR CONSENT
By submitting your information you consent to the use of that information as set out in this policy. If we change our privacy policy we will post the changes on this page, and may place notices on other pages of the website, so that you may be aware of the information we collect and how we use it at all times. Note that continued use of the service will signify that you agree to any such changes.
4. COOKIES
Kenwood may use 'cookies' which are small amounts of information that we store on your computer. Most internet browsers can be set to notify you when you receive a cookie (allowing you to decide whether or not to accept it) or to reject all cookies. If you elect to reject cookies from this site certain features may not be able to be used by you.
If you have not set your browser to reject them, our system will issue cookies to your computer when you visit this site. Cookies make it easier for you to use the site during future visits by, for example, reducing the amount of data to be entered if you have previously given it to us. They also allow us to monitor website use and to tailor the content of the site for you.
5. MINORS
Minors should not provide personal data without parental consent.
6. LINKS TO OTHER SITES
Links provided on our site can lead you to access sites outside Kenwood's control. Personal data provided to Kenwood will not be transported to other sites by clicking on the links. Such links are provided because they may be of interest to you or allow you to access complementary products or services provided by third parties. Kenwood is not responsible for the way these sites use personal data.
7. CONTACT
You are entitled to see the information held about you and you may ask us to make any necessary changes to ensure that it is accurate and kept up to date. If you wish to do this, please contact us. We are entitled by law to charge a fee to meet our costs in providing you with details of the information we hold about you. You are welcomed to contact us at:
Kenwood Limited
Attention: Web Site Manager / Data Privacy Officer
New Lane
Havant
PO9 2NH
United Kingdom
Last revised November 2004
CONDITIONS OF SALE (Issued 02/05)
KENWOOD LIMITED
1 INTERPRETATION
In these Conditions of Sale:
“Contract” means a contract between Us and You for the supply of Goods and arising pursuant to Your written acceptance of Our quotation or otherwise by written or verbal agreement between Us and You, incorporating these Conditions and any Special Conditions;
“Goods” means products agreed in the Contract to be supplied to You by Us;
“Special Conditions” means all specific conditions relating to the supply of Goods to You contained in or referred to in Our quotation or otherwise set out in a written agreement between Us and You. If there is a conflict between these Conditions and the Special Conditions then the Special Conditions shall prevail;
“We/Us” means Kenwood Limited having a place of business at New Lane, Havant, Hampshire, PO9 2NH; and
“You/Your” means the person, firm or company who purchases the Goods from Us.
2 ORDERS
2.1 The Contract shall be on these Conditions including any Special Conditions, to the exclusion of all other terms and conditions and no amendment or variation to any provision of the Contract shall be effective unless it is in writing and signed by or on behalf of each of Us and You. For the avoidance of doubt, acceptance by Us of Your order shall not imply acceptance of any terms and conditions accompanying or endorsed upon any such order.
2.2 Any quotation is issued on the basis that no contract will come into existence until You accept Our quotation in writing or We otherwise enter into a written or verbal agreement with You.
2.3 The terms contained in any quotation will usually remain fixed if a contract in respect of it is made within 28 days of the date of the quotation, provided that We have not previously withdrawn it.
2.4 Any quotation issued before the passing in the UK of legislation embracing the EC Directive on Waste Electrical and Electronic Equipment (WEEE) and EC Directive on the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (RoHS) will exclude the additional costs of implementing such legislation. We expect to separately show and collect such costs pursuant to Article 8.3 of WEEE and once communicated to You the quotation shall be deemed validly varied and increased by such costs.
2.5 We will be under no liability to You until We receive Your written acceptance of Our quotation or We otherwise enter into a written agreement with You.
2.6 Any advice or recommendation given by Us or Our employees, agents or sub-contractors in connection with Goods which is not confirmed in writing is followed or acted upon entirely at Your own risk, and We shall not be liable for any advice or recommendation which is not so confirmed.
3 PRICES AND PAYMENT
3.1 Unless otherwise agreed in writing, prices invoiced to You will be those current at the date of despatch. Errors and omissions in respect of any price are subject to correction by Us within a reasonable time.
3.2 Unless otherwise agreed in writing, all prices are exclusive of value added tax, insurance and the costs of loading, unloading and installation all of which amounts You will pay in addition when You are due to pay for the Goods.
3.3 Unless otherwise agreed in writing, We may invoice You for Goods or any instalment of the Goods at any time after Goods or any instalment of the Goods are delivered and payment for Goods shall be made within thirty (30) days of Our invoice.
3.4 Time for payment shall be of the essence and failure by You to pay in accordance with this Condition shall entitle Us, without prejudice to Our rights to damages, to suspend any deliveries of Goods or to cancel the Contract and any other current contracts that We may have with You.
3.5 In addition to Our rights under Condition 3.4, You shall be liable to pay interest (compounded monthly) on any amounts outstanding (both before and after judgement) at the rate of 3 per cent above the base rate of Barclays Bank Plc for the time being in force, accruing on a daily basis until payment is made.
4 DELIVERY
4.1 Unless otherwise agreed in writing by Us, time of delivery shall not be of the essence of the Contract and any delivery date provided shall be an estimate only. We reserve the right to extend times for deliveries by reasonable periods if the delay is due to an event beyond our reasonable control (an “event of Force Majeure”).
4.2 If You require advance notice of the approximate time of delivery, this must be set out in writing on Your order.
4.3 Unless otherwise agreed, the place of delivery shall be at Your usual place of business.
4.4 If for any reason You fail to accept delivery of Goods when they are ready for delivery, or We are unable to deliver Goods on time because You have not provided appropriate delivery instructions or other information, then at that time:-
4.4.1 the risk in such Goods will pass to You;
4.4.2 the Goods will be deemed to have been delivered;
4.4.3 We may store the Goods until actual delivery in which case You will be liable for all related costs and expenses (including, without limitation, storage and insurance); and
4.4.4 the full price for the Goods together with any sums to be applied pursuant to Condition 3.2 shall become immediately due.
4.5 Our liability for non-delivery of Goods shall be limited to re-delivering the Goods within a reasonable time or issuing a credit note against any invoice raised for such Goods.
4.6 Subject to the other provisions of these Conditions, We will not be liable for any loss (including loss of profit), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of Goods nor will any delay entitle You to terminate or rescind the Contract unless such delay exceeds 180 days.
5 CANCELLATION
5.1 You may only cancel the Contract with Our prior written consent and prior to the date of despatch of the Goods. If We agree to Your request to cancel the Contract, cancellation charges will be levied by Us on following basis in order to cover handling, administration and other costs incurred by Us:-
5.1.1 Standard Items (meaning Goods which are within Our current product range at the time the Contract is concluded): A cancellation charge of 20% of Our published price for such Standard Items as at the date of cancellation.
5.1.2 Special Items (meaning Goods which are not Standard Items): Once manufacture has commenced, in addition to the cancellation charge applied to comparable Standard Items, all manufacturing costs and any other costs incurred in relation to such Special Items, up to the date of cancellation, or as consequence of such cancellation shall be payable.
The parties agree these charges represent a genuine pre-estimate of Our losses incurred on cancellation of the Contract by You.
6 RISK AND TITLE
6.1 Unless otherwise agreed in writing, Goods are at Your risk from the time of delivery to You or to a carrier or agent acting on Your behalf.
6.2 Notwithstanding delivery of Goods to You, ownership of the Goods shall not pass to You until We have received in full (in cleared funds) all sums due to Us in respect of the Goods and all other sums which are due to Us from You pursuant to any other contract.
6.3 Until ownership of the Goods has passed to You, You must:
6.3.1 hold the Goods on a fiduciary basis as Our bailee;
6.3.2 store the Goods separately from all other goods owned by You or any third party so that they remain readily identifiable as Our property;
6.3.3 not destroy, deface or obscure any identifying marks or packaging on the Goods;
6.3.4 maintain the Goods in satisfactory condition insured on Our behalf for their full price against all risks and on request produce the policy of insurance to Us; and
6.3.5 hold the proceeds of insurance referred to in Condition 6.3.4 on trust for Us and not mix them with any other money, nor pay them into an overdrawn bank account.
6.4 You may only resell the Goods before ownership has passed to You on the following conditions:-
6.4.1 any sale shall be effected in the ordinary course of Your business at full market value and You shall hold such part of the proceeds of sale as represent the amount owed by You to Us on Our behalf and You shall account to Us accordingly; and
6.4.2 any sale shall be a sale of Our property on Your own behalf and You shall deal as principal when making such sale.
6.5 Your right to possession of the Goods shall terminate immediately You:
6.5.1 go into liquidation except for the purpose of amalgamation or reconstruction; or
6.5.2 cease to carry on business, have a receiver or administrator appointed in respect of the whole or substantially the whole of Your Asset, enter into any composition with Your creditors, enter into a moratorium for the purposes of the Insolvency Act 2000 or being an individual, commits an act of bankruptcy or otherwise have a receiving order made against You or otherwise makes any composition with Your creditors; or
6.5.3 otherwise become subject to the Insolvency laws of England or any other jurisdiction.
6.6 We shall be entitled to recover payment for Goods notwithstanding that ownership of any of the Goods has not passed from Us to You.
6.7 You hereby grant to Us, Our agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where Your right to possession has terminated, to recover them.
7 PERFORMANCE AND TESTS
7.1 All Goods are inspected and submitted to standard tests before being despatched. Any performance figures given by Us are based on Our experience and are as We would expect to obtain on such standard tests. However, We shall not be liable for any failure of Goods to obtain such figures, unless such performance figures (subject to recognised tolerances applicable to such figures) are specifically guaranteed in writing by Us in the Contract.
7.2 If additional tests are required by You, these shall be carried out on Our premises at Your sole expense.
8 SAMPLES, DRAWINGS AND DESCRIPTIONS
8.1 Any samples provided to You must be returned to Us carriage paid, within one calendar month from the date of receipt by You.
8.2 Ownership of all drawings and all intellectual property rights therein shall remain vested in Us and any drawings supplied to You shall not be used or copied in whole or in part by You or any third party without Our written permission and You shall return all drawings to Us forthwith upon receipt of a request to do so.
8.3 Illustrations, descriptions and dimensions in Our catalogues, price lists or other documents are approximate only and should not be relied upon without independent verification, nor shall they constitute representations or warranties, express or implied, nor in any way shall We be liable in respect thereof.
8.4 Our policy is one of continuing improvement and We reserve the right to vary or modify the design, specification or finish of Goods without notice, unless an express agreement to the contrary in writing is incorporated in the Contract.
9 WARRANTY AND LIABILITY
9.1 We warrant that Goods which are manufactured by Us shall for a period of 12 months from the date of delivery
9.1.1 be of satisfactory quality within the meaning of the Sale of Goods Act 1994; and
9.1.2 be reasonably fit for the particular purpose for which those Goods are being bought provided that You have made known that purpose to Us in writing and We have confirmed in writing that it is reasonable for You to rely on Our skill and judgement;
providing written notification of any defect is given promptly to Us after its discovery and in any event not later than the end of such 12 month period. Time shall be of the essence in respect of notification of all claims under this Condition 9.
9.2 We shall not be liable for a breach in any of the warranties in this Condition 9 if:
9.2.1 You make any further use of such Goods after giving notice of a defect; or
9.2.2 the defect arises because of Your failure to follow Our oral or written instructions as to the storage, installation or use of the Goods, or, if there are none, good trade practices; or
9.2.3 You alter or repair the Goods without Our prior written consent.
9.3 In respect of Goods not manufactured by Us, We shall endeavour to assign to You any rights that We have against the manufacturer but shall not be liable for such Goods beyond this Condition 9.3.
9.4 Our sole obligation under this Condition 9 shall be to replace or repair Goods or refund the price of such Goods at the pro rata contract rate.
10 LIMITATION OF LIABILITY
10.1 Subject to Condition 9, the following provisions set out Our entire financial liability (including any liability for the acts or omissions of Our employees, agents and sub-contractors) to You in respect of any breach of these Conditions and any representation, statement or tortious act or omission, including negligence arising under or in connection with the Contract.
10.2 Save for our warranty under Condition 9, all warranties, conditions and other terms implied by statute or common law (save for conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
10.3 Nothing in these Conditions excludes or limits Our liability for death or personal injury caused by Our negligence or fraudulent representation.
10.4 Subject to Conditions 10.2 and 10.3:-
10.4.1 Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the Contract shall be limited to the sum of £10,000; and
10.4.2 We shall not be liable to You for any indirect or consequential loss or damage whether for loss of profit, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever which arise out of the Contract.
11 TERMINATION
Either We or You may terminate the Contract by written notice with immediate effect if:
11.1 the other party commits any material breach of any of the terms of the Contract and (if such breach is capable of remedy) fails to remedy that breach within 30 days being notified of the breach; or
11.2 the other party becomes subject to any of the circumstances set out in Condition 6.5.
12 INDEMNITY
You shall indemnify Us against any direct or indirect loss (including loss of profit), costs, damages, charges or expenses for which We may be liable if any work done in accordance with Your specification infringes any third party rights in any manner whatsoever, including but not limited to, any rights affecting copyrights, patent or trade marks vested in third parties.
13 NOTICES
13.1 All notices to be served under these Conditions shall be in writing and may be served by letter or fax addressed to the usual business address or fax number of the other party or to such other address or fax number as may be notified from time to time.
13.2 Such notice shall be deemed to be served in the case of a fax at 9am on the next working day of the recipient party after despatch and in the case of a UK letter 2 working days after posting and in the case of an airmail letter 5 working days after posting.
14 GENERAL
14.1 We shall not be liable to You for any delay in performance of Our obligations under the Contract caused by an event of Force Majeure.
14.2 We may, without Your consent, assign or sub-contract all or any of our rights and obligations under the Contract. The Contract is personal to You may not be assigned in whole or in part to any other person, firm or company.
14.3 These Conditions and the Special Conditions constitute the entire agreement between Us and You with respect to the Contract and shall supersede any previous agreements or understandings between Us and You in relation to the Contract.
14.4 Any indulgence granted by Us to You and any failure by Us to insist upon strict performance of these Conditions or any Special Conditions shall not be deemed a waiver of any of Our rights or remedies nor be deemed a waiver of any subsequent default by You.
14.5 The invalidity, illegality or unreasonableness in whole or in part of any of these Conditions shall not affect the validity of the remainder of such Condition or these Conditions.
14.6 No term of the Contract shall be enforced solely by reason of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to the Contract.
14.7 The Contract shall be governed by English law and both You and We hereby submit to the exclusive jurisdiction of the English Courts.