1.     DEFINITIONS

1.1 The following definitions apply to these terms and conditions:

"Bespoke products" means any product made to measure or made to order.

“Business” means any customer (typically an educational establishment) other than a Consumer.

“Consumer” means You are purchasing as an individual and not on behalf of a business, acting for purposes wholly or mainly outside your trade, business, craft or profession.

“Contract” means the contract between You and Us for the sale and purchase of Goods in accordance with these terms and conditions.

“Goods” means the products we are selling to You.

"Non-stocked lines" means stock not held in our warehouse and supplied directly from suppliers

"Stock lines" means stock held in our warehouse

"The Catalogue" means the printed KCS Catalogue

"Us" and "We" means KCS, the website owner

“Working Days” means a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business. 

"You" and "Your" means the customer

1.2 A reference to legislation or a legislative provision is a reference to it as amended or re-enacted. A reference to legislation or a legislative provision all subordinate legislation made under that legislation or legislative provision.

1.3 Reference to written/writing shall include email.

1.4 Headings do not affect the interpretation of these terms and conditions.

2.BASIS OF SALE

These terms and conditions were last updated on 10/01/2023.

2.1  These terms and conditions will apply to any order for Goods placed by You and to the Contract between us for the sale of such Goods to You.

2.2  These terms and conditions set out the terms between You the customer and Us the website owner.

2.3  Your use of this website and any service contained within it constitutes acceptance of these terms and conditions in full.

2.4  We reserve the right to amend our website and product descriptions at any time as required.

2.5  We only accept orders for delivery to mainland UK (excluding the Isle of Wight, Northern Ireland and the Republic of Ireland).

2.6  We may refuse an order from You for any reason at our sole discretion.

2.7  You should not use this website if You do not accept these terms and conditions in full.

2.8  This website is owned and operated by:

CSG Global Education Ltd

Shepley Estate South

Audenshaw

Manchester

Greater Manchester

M34 5EX

VAT Registration No: GB 408 8459 25

3. DESCRIPTION OF GOODS

3.1 Any samples, swatches, drawings, descriptions or illustrations contained in our published materials (including on our website), are issued or published solely to provide you with an appropriate idea of the Goods they describe: they do not form part of the Contract between You and Us for the sale of the Goods and are subject to correction without any liability on the part of KCS. We may make minor changes, which do not materially affect the performance of the Goods, to the specification of the Goods at any time and without notice.

3.2 The images of the Goods showing in the electronic or printed catalogue are for illustrative purposes only. Variations in the colour due to photography, publishing or your computer’s display can occur. You acknowledge that the order is placed at your own risk if, for example, the colour, shade representation, dimensions or texture of the goods differ from the image in the published materials. 

3.3 If We discover an error in the price of the Goods you have ordered (e.g. incorrect price displayed in one of our catalogues, online or in any other materials or media), we will contact you to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling the order. Please note that we do not have to provide the Goods to you at the incorrect (lower) price.

3.4 Please always read labels, warnings and directions provided with the Goods before use. The KCS website and catalogue also contains details of many items, some of which may be hazardous if they are not used properly. Where possible notes have been included on the KCS website and in the catalogue to draw attention to known hazards. Please always read any notes and details of known hazards available on the KCS website and in the catalogue for Your health and safety. 

4. AVAILABILITY

4.1  The purchase of all Goods is subject to availability. While KCS will endeavour to hold sufficient Stock Lines in its warehouse to meet all orders and purchases, if We have insufficient stock to supply or deliver the Goods ordered and paid for by You, We will attempt to contact you using the details You have provided to Us to ask You how You wish to proceed. We may, at our discretion, process any part of the order which is available. Where Goods are out of stock, We will agree a delayed delivery or We will refund You the price paid for such Goods as soon as possible and in any case within 30 days or, in the case of an account customer, We may, in our absolute discretion, as soon as possible raise a credit to offset the amount invoiced to You.

4.2  We reserve the right, should circumstances dictate, to supply a product of a specification that differs from that detailed in The Catalogue or on our website. In such cases every effort would be made to supply a product of at least comparable quality.

4.3  We are happy to quote for special requirements. Please contact Us at customerexperience@kcs.co.uk or call our Customer Experience team on 0808 281 9440.

4.4  KCS may, at its sole discretion, accept or reject any request for amendment(s) to an order prior to dispatch. 

5. QUALITY ASSURANCE

5.1  We regard the fitness for purpose of the Goods purchased as being of prime importance.

5.2  It is our policy to obtain best value for money. Products selected for supply under contract are tested where necessary to ensure that the items concerned are satisfactory.

5.3  Where applicable, KCS shall comply with all relevant statutory requirements relating to the supply of products purchased from this website.

6. PRICE AND PAYMENT

6.1  The following terms apply to all payments made by You to Us by any method: 

6.1.1      All prices are quoted in British pound sterling (£ GBP). 

6.1.2      All prices quoted by Us are subject to change without notice to You. Prices quoted on the KCS website are continuously reviewed and kept up to date and therefore remain subject to change at any time. Any prices quoted in written material such as (but not limited to) within the KCS catalogue are accurate at the time of production and are subject to change.

6.1.3      We may, by giving notice to You at any time before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to: 

6.1.3.1           any factor beyond our control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs); 

6.1.3.2           any request by You to change the delivery date(s), quantities or types of Goods ordered; or

6.1.3.3           any delay caused by any instructions from You or failure by You to give Us adequate or accurate information or instructions.

6.2  The following terms shall apply to all payments made by invoice:

6.2.1      The amount due from You shall be the price set out in our invoice to You. The invoice will also include the price of any goods, packing, insurance, and transport of the Goods. 

6.2.2      You shall pay each invoice submitted by Us to You within 30 days of the date of the invoice or in accordance with any credit terms agreed by Us and confirmed to You.

6.2.3      All payments made by You will be in full and in cleared funds to a bank account nominated by Us. If You do not make any payment due to Us by the due date for payment, then We may charge interest and compensation to you on the overdue amount at the rate specified in the Late Payment of Commercial Debts (Interest) Act 1998.

6.2.4      Without limiting any other remedies or rights that We may have, if You do not pay us on time, We may cancel or suspend any order (both the one to which the payment relate(s) and any other order) until you have paid the outstanding amount(s). 

6.2.5      All amounts due from You to Us shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

6.2.6      If You receive an invoice for items with 8 digit stock code and are not in receipt of the Goods please contact our Customer Experience team on 0808 281 9440 within 24 hours of the invoice date.

6.2.7      If You receive an invoice for items with 9 digit stock code and are not in receipt of the Goods please contact our Customer Experience team on 0808 281 9440 within 1 week of the invoice date.

6.3   The following terms shall apply to all payments made by debit or credit card:

6.3.1      If you do not have credit terms with us, payment for all Goods, or certain other sums which become payable must be made in advance by credit or debit card. 

7. VAT

7.1  All prices listed on our website exclude VAT unless otherwise stated.

7.2  Customers who are not exempt will be charged VAT at the appropriate rate.

7.3  Eligible bodies such as registered charities may be subject to VAT exemption on goods. A written VAT exemption declaration must be submitted at the time of ordering to qualify for VAT exemption.

7.4  VAT Relief is available on certain products for charities. For more information please visit http://www.hmrc.gov.uk/.

8. DELIVERY

8.1  We only accept orders for delivery to mainland UK (excluding the Isle of Wight, Northern Ireland and the Republic of Ireland). If you place an order with KCS for delivery outside mainland UK then your order will either (1) be cancelled and refunded (where payment has been taken upfront or (2) you will be liable to pay immediately upon the request of KCS any additional delivery costs. KCS will decide whether to proceed with an order placed for delivery outside mainland UK at its sole discretion.

8.2  All prices quoted on our website or in our catalogue exclude delivery charges.

8.3  Dates for delivery of the Goods are estimates only and are subject to availability. We shall make every reasonable effort to meet any delivery date(s) acknowledged but shall not be liable for failure to meet such date(s).

8.4  Free Next Day Delivery only applies to orders placed before midday at the value of £20 or over (excl VAT) for stocked lines (with sufficient quantity for fulfilment), for delivery to mainland UK. Non-stocked/direct lines may take longer to be delivered to You dependent upon the product and supplier and You will not be charged for delivery unless stated.

8.5  All orders under the value of £20 (excl VAT) will be subject to an additional delivery charge of £3.50 (inclusive of VAT) per order.

8.6  Furniture and other specified lines may incur a carriage charge dependent upon the supplier. Please contact Us on 0808 281 9940 for advice at the point of ordering.

8.7  We will deliver the Goods to the designated address in your order, or such other address as we both agree. You should ensure that You are, or a trusted representative is, physically present at the time of delivery. We will presume that any person at any address you specify has the authority to receive the order on your behalf. 

8.8  When the Goods are delivered, please sign, print your name and state time of receipt of the delivery to your driver.

8.9  Deliveries are made to ground floor entrance points only (for Consumers to Your ground floor front door or to the ground floor entrance point of Your flat/apartment), unless otherwise prearranged. We do not guarantee that We will be able to accommodate your delivery request. However, should We be able to, You agree to procure all access and relevant facilities (e.g. use of a lift) for the delivery. 

8.10        Please check the number of packages and containers received by You at the time of delivery and sign for these only as this represents Your proof of delivery.

8.11        If when You check the contents there is a discrepancy, then please report this within 5 Working Days via our online form, email customerexperience@kcs.co.uk or by telephone on 0808 281 9440.

8.12        If You place an order on behalf of a school, then after a school holiday we will give sympathetic consideration to late notification of up to five Working Days after the commencement of school term time. We will not accept liability for shortages or damages reported outside these time limits. The title of Goods supplied shall remain with KCS until such time as full payment has been received.

8.13        We recognise that You may have special delivery requirements. Where required please contact Us on 0808 281 9440.

8.14        Please note that where we deliver to You a quantity of Goods less that what we contracted to sell, You may reject them, but if You accept the Goods delivered then You must pay for them at their contracted rate. KCS reserves the right to place the rest of the Goods on backorder and to deliver the Goods in instalments at an agreed separate date. 

8.15        Where we deliver to You a quantity of Goods larger than we contracted to sell, You may accept the Goods included in the contract and reject the rest, or You may reject the whole. You will pay for the total number of Goods delivered at their contracted rate.

9. RETURNS (FOR BUSINESSES ONLY)

If you are a Business, then the following terms apply to you: 

9.1  If you wish to return any part of your order, then a return requests must be submitted by You to Us within 5 days Working Days from the date of delivery.

9.2  KCS reserves the right to investigate all returns.

9.3  Bespoke and furniture items may incur a restocking fee. KCS reserves the right to charge this restocking fee at its discretion. Any restocking fee will be confirmed to You by Us prior to the return of any bespoke or furniture item(s).

9.4  You will incur the cost of returning the item(s) to Us. KCS does not offer free returns. You will arrange the return and KCS will not reimburse You for this cost. 

9.5  The delivery cost and cost for returning the item(s) will not be refunded.

9.6  If We refund monies to You, we will usually refund You by the method of payment You used. 

9.7  Unused Items

9.7.1      If you ordered and received goods from us which remain unused and You are either dissatisfied or have changed Your mind about Your purchase then You must notify Us within 5 Working Days of receiving Your order and contact KCS by completing Our online returns form, by telephone on 0808 281 9440 or email at customerexperience@kcs.co.uk to request a Returns Reference Number.

9.7.2      You will incur the cost of returning the item(s) to Us. KCS does not offer free returns. You will arrange the return and KCS will not reimburse You for this cost.

9.7.3      For these items we will supply a full refund on the cost of the item only. If charged separately, the delivery cost and cost for returning the item will not be refunded.

9.7.4      If We refund monies to You, we will usually refund You by the method of payment You used.

9.8  Damages Goods

9.8.1      If any Goods arrived to you damaged and You wish to return them, then You must submit a return request to Us within 5 Working Days from the date of delivery.

9.8.2      KCS reserves the right to investigate all returns.

9.8.3      All bespoke and furniture items will incur a restocking fee. KCS reserves the right to charge this restocking fee at its discretion.

9.8.4      You will be refunded for the cost of the item, delivery charges and postage for returning the item to Us via a credit note.

9.8.5      If We refund monies to You, we will usually refund You by the method of payment You used.

9.9  Faulty Items

9.9.1      If any of the goods You have ordered from Us and received are faulty please contact Us via our online form or email us at customerexperience@kcs.co.uk with Your order number and the details of the problem with the item.

9.9.2      You will be refunded for the cost of the item, delivery charges and postage for returning the item to Us via a credit note.

9.9.3      If We refund monies to You, we will usually refund You by the method of payment You used.

10. NON-RETURNABLE GOODS

10.1        Returns of Goods will not be accepted in the following circumstances (unless they are faulty):

10.1.1   products that are used for hygienic purposes, hygienically sealed and have been opened;

10.1.2   any items marked as non-returnable’ in our catalogue and/or on our website;

10.1.3   food or perishable items if ordered in error;

10.1.4   opened tins of paint, and premixed colours as the Goods are then not re-sellable.

11     COLLECTION OF RETURNS 

11.1        The following term applies to Business customers only: 

11.1.1   KCS must receive notification for all collections of returns within 5 Working Days of receiving Your order. To arrange a collection please complete our online form or call our Customer Experience team on 0808 281 9440.

11.2        The following term applies to Consumer customers only:

11.2.1   KCS must receive notification for all collections of returns within 14 days of receiving Your order. To arrange a collection please complete our online form or call our Customer Experience team on 0808 281 9440.

11.3        The following terms apply to the collection of all returns regardless of whether You are a Business or Consumer: 

11.4        Non-stocked Goods ordered and no longer required may incur a handling charge at the discretion of the manufacturer.

11.5        All Goods must be in their original packaging.

11.6        Kent Customers:

11.6.1   Customers will be informed of their collection number and will need to take two copies of either the advice note or invoice.

11.6.2   The collection number is required to be put on the paperwork and handed to the driver upon collection. The driver will sign a copy for the customer to keep as proof of collection, the second copy will be retained by the driver.

11.7        Mainland UK Customers:

11.7.1   Customers will receive labels to be attached to the top of each package being collected.

11.7.2   Two consignment notes will be produced, the delivery driver will sign one copy for the customer to keep as proof of collection, the second will be retained by the driver.

11.8        Non-Mainland UK and International Customers:

11.8.1   Please contact our Customer Experience team on 0808 281 9440 to discuss Your options and arrange a collection.

11.9        Once we have received Your Return, Your package will be assessed. A credit note will then be issued or the Customer will be contacted by our dedicated Discrepancies Team. If You have not received Your credit note please contact Us at customerexperience@kcs.co.uk.

12. CANCELLATION OF ORDERS

12.1        If You are a Consumer: 

12.1.1   If you are a Consumer, you have a legal right to cancel an order for Goods and request the return of the Goods under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 up to 14 days after the day on which you received the Goods (the “Relevant Period”). This means that, before or during the Relevant Period, if you change your mind or decide for any other reason that you do not want to receive or keep the Goods, you can notify us of your decision to cancel the order and receive a refund for the price you have paid for the Goods. If the order has not been delivered, then you will also receive a refund for the delivery charge. If the order has been delivered, then the delivery charge will not be refunded. KCS does not offer free returns and You will be responsible for paying any delivery cost for returning any Goods to us. This cancellation right does not apply in the case of non-returnable Goods as set out in clause 10 of these terms and conditions.

12.1.2   If you would like to request a return or arrange a cancellation then you may complete our online returns form, contract us by telephone on 0808 281 9440 or email at customerexperience@kcs.co.uk. Further details on how to arrange a return can be found at: https://www.kcs.co.uk/returns

12.1.3   If We refund monies to You, We will usually refund You by the method of payment You used. 

12.2        If you are a Business: 

12.2.1   If You are a Business and wish to cancel an order for Goods then the cancellation must be made within 24 hours of the time the order was placed. If orders are not cancelled within this period then a charge may be incurred. We reserve the right to pass on any charges to You that may be incurred due to You placing an order in error.

12.2.2   If We refund monies to You, We will usually refund You by the method of payment You used. 

13. OFFERS

13.1 KCS may offer special prices and / or promotional offers on products and product ranges at any given time. The following conditions will apply to any special prices or promotional offers:

(a)   Offers are only available whilst stocks last and/or until the date specified, whichever is sooner.

(b)   Offers are available to participating customers only.

(c)   All prices exclude VAT unless otherwise stated.

(d)   There will be no further discount on priced promotional products.

(e)   Offers may be changed or withdrawn by KCS at any time without notice.

(f)    Offers will be available for a limited period only.

(g)   KCS reserves the right to substitute products subject to availability. Every effort will be made to provide a like for like product.

(h)   Offers are non-transferable, not for resale and not redeemable for cash.

(i)    Any returns, refunds or credits of products purchased at an offer price will equal the price paid for the product, subject to applicable refund policies.

(j)    Discounts and promotions cannot be used in conjunction with any other discounts or promotions unless otherwise stated.

(k)   All offer prices will apply at the time of ordering and any promotion dates will apply as such from this date.

(l)    By taking advantage of offers You accept the Terms and Conditions

14. PROMOTIONAL CODES

14.1 KCS may issue promotional codes in line with existing offers at any given time. The conditions set out below will apply to any promotional codes:

(a) Promotional codes are valid until the date specific for each promotional code.

(b) Are available for use by participating customers only.

(c) May be changed or withdrawn by KCS at any time without notice.

(d) May only be used against applicable products or ranges of products.

(e) Must be entered and validated prior to an order being submitted to be accepted.

(f) Are non-transferable, not for resale and are not redeemable for cash.

(g) Are only applicable through the specified date range(s). Codes entered outside of these will not be applied.

(h) Any returns, refunds or credits of products purchased with the use of a promotional code will equal the price paid less that of the code.

(i) Must be applied by You at the time of ordering and any promotion dates will apply as such from this date.

(j) By using any Promotional Code you accept the Terms and Conditions.

(k) Any misuse or intended misuse of promotional codes may result in full pricing being enforced or the withdrawal of individual orders or service.

15. FORCE MAJEURE

We shall have no liability to You for any failure of or delay in supply or delivery or for any damage or defect to Goods supplied or delivered hereunder or for any other liability, in each case that is caused by any event or circumstance beyond our reasonable control, including but not limited to accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, mechanical failures, acts of God, terrorist attack, war, civil unrest, riots, strikes, industrial disputes, pandemic, epidemic or any other force majeure event.

16. HEALTH & SAFETY AT WORK ACT 1974 (CONTROL OF SUBSTANCES HAZARDOUS TO HEALTH REGULATIONS 2002)

If you are a Business, then the following applies to you:

16.1 The KCS website and The Catalogue contains details of many items, some of which may be hazardous if they are not used properly.

16.2 Where possible notes have been included on the KCS website and in The Catalogue to draw attention to known hazards.

16.3        However, under the above legislation, it is the duty of You, the employer to provide sufficient information, instruction, training and supervision as is reasonably practical and to carry out risk assessments to ensure the health and safety of employees and anyone not in their employment who may be exposed to risks to their health and safety.

16.4        You should therefore check (if possible with your safety officer) that You have sufficient information on the products that You order and use, and any necessary notes of guidance, instructions for use, special labelling of the product etc. to enable You to comply with the above legislation.

16.5        We will provide reasonable quantities of relevant COSHH Data Sheets upon request for stock line items. These Data Sheets can be obtained by downloading from the KCS website, contacting our Customer Experience team on 0808 281 9440 or email customerexperience@kcs.co.uk.

16.6        For non-stocked lines, please request this at the time or ordering.

16.7        Guidance on health and safety matters should be available from the responsible department or manager in Your own organisation.

17. MISCELLANEOUS

17.1 These terms apply to Your order. We reserve the right to change our terms and conditions at any time without notice by updating the same on our website.

17.2 You acknowledge and accept that calls made to KCS may be recorded and monitored for training purposes.

17.3 A delay or failure by Us to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.

17.4 Any notice required to be given under these terms and conditions shall be in writing.

17.5 Nothing in these terms and conditions shall confer on any third party any right or benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999. 

17.6 You agree to maintain in confidence and not disclose, reproduce or copy any materials, documentation or specifications which are provided to you hereunder. You shall be responsible for ensuring that your employees, agents, sub-contractors and any other party performing your obligations or exercising your rights under or in connection with these terms and conditions and/or any other agreement that you may have with us are bound by the same obligations and that such obligations ensure beyond any termination of employment with you. 

18. PRICE MATCH PROMISE

18.1 Offer and price matching is applicable to products listed on kcs.co.uk and comparative supplier website(s) only.

18.2        Prices can be matched once per product only, and against a single supplier.

18.3        Price comparisons applicable against UK-based, B2B educational product specialists only, including by way of example, but not limited to GLS/Hope/Findel, TTS, The Consortium, YPO, ESPO.

18.4        Offer excludes non-comparative suppliers, specifically but not limited to Amazon, eBay, Gumtree or other private sellers.

18.5        Price matching is available on non-discounted, RRP prices found and matched online only, excluding all promotional offers, clearance or sale lines, customer-specific prices or marketing discounts.

18.6        Price matching cannot be used in conjunction with existing account-specific discounts or agreed pricing terms.

18.7        Price matching will be valid against branded and comparative own-branded products which are like-for-like in pack size, quantity and quality only, and which are not subject to special conditions including but not limited to non-standard delivery, packaging or general terms, including extra services such as extended warranties or subscriptions.

18.8        Valid products must be in stock, in new condition, not damaged and sold directly by the alternative supplier £GBP.

18.9        Offer excludes kits or supplier-specific bundles.

18.10     To benefit from a price match, customers must complete and submit the online form before placing their order, providing KCS with customer details, alternative supplier, product code(s) and URL of applicable product(s).

18.11     Product price(s) must be valid and available at the point of order.

18.12     Where a price match is valid the difference in price will be credited as a unique, single-use promotional code to use against an online order of the same or higher value. No cash or other account credits will be issued.

18.13     Price matching is approved at the discretion of KCS and the offer can be withdrawn or amended at any time without notice.

19. ONLINE OFFERS

• Leitz Trusens  -  CLAIM A FREE LEITZ TRUSENS Z-1000 WHEN YOU PURCHASE A Z-2000 OR Z-3000. Click here to view Terms & Conditions.

• Top of the Picks - This offer is valid from 27.01.2023 until 30.04.2023. Special prices applied to products in Top of the Picks category, cannot be used in conjunction with any other offers and is subject to availability. Offer is valid on online orders only and the pricing cannot be applied retrospectively. Errors & omissions exempt.
   
• 20% Off Exercise Books - Offer valid from 06.03.2023 until 31.05.23. Code can be used on all exercise book products found in exercise book categories. Discount cannot be used in conjunction with any other offer. Code can be used a maximum of 5 times per customer. Minimum order amount of £20. 20% restocking fee for cancelled orders. Valid in Mainland UK only and is available for both online and offline orders. Errors & omissions exempt.

20. COMPETITIONS

Sports Premium Giveaway Terms and Conditions:

- Competition open to UK residents only

- To enter, each applicant must follow @kcssocial and @precisionukofficial on Instagram

-THEN like and tag a friend in the comment section of the original post. Each comment is a new entry.

- The competition will run from 3pm on 28/04/23 to 3pm on 12/05/23. The winner will then be selected at random and announced on 15/05/23, providing that they have met each requirement

- The winner will be contacted directly on Instagram to confirm applicable details, and the prize will be shipped within two weeks of the closing date

- KCS reserve the right to amend or withdraw this competition at any time, and our decision is final

20.1        This clause applies to the competition We are currently holding on social media. 

20.2 The competition is open to UK residents only 

20.3 To enter, each applicant must follow both @kcssocial and @kcsearlyyears on Instagram.

20.4 Then each applicant must like and tag a friend in the comment section of the original post. 

20.5 The competition will run from 6pm on 15/08/22 to 6pm on 29/08/22. The winner will then be selected at random and announced on 30/08/22, providing that they have met each requirement set out in this clause.

20.6 The winner will be contacted directly on Instagram to confirm applicable details, and the prize will be shipped within two weeks of the closing date. 

20.7 KCS reserve the right to amend or withdraw this competition at any time without notice, and our decision is final.

1. New Catalogue Launch Giveaway- Early Years 
   - Competition open to UK residents only 
   - To enter, each applicant must be following @kcsearlyyears on Instagram, like and tag a friend in the comment section of the original post, as well as nominating a setting of your choice. 
   - Each comment is a new entry. 
   - The competition will run from 6pm on 09/01/23 to 6pm on 03/02/23. The winner will then be selected at random and announced shortly after, providing that they have met each requirement. 
   - The winner will be contacted directly on Instagram to confirm applicable details, and the prize will be shipped within two weeks of the closing date 
   - KCS reserve the right to amend or withdraw this competition at any time, and our decision is final 

2. New Catalogue Launch Giveaway- Facebook 
    - Competition open to UK residents only 
   - To enter, each applicant must be following @kcssocial on Facebook, like and tag a friend in the comment section of the original post, as well as nominating a school of your choice. 
   -Each comment is a new entry. 
   - The competition will run from 6pm on 09/01/23 to 6pm on 03/02/23. The winner will then be selected at random and announced shortly after, providing that they have met each requirement. 
   - The winner will be contacted directly on Instagram to confirm applicable details, and the prize will be shipped within two weeks of the closing date 
   - KCS reserve the right to amend or withdraw this competition at any time, and our decision is final 

3. Storytelling Week Giveaway 
   - Competition open to UK residents only 
   - To enter, each applicant must be following @kcssocial on Instagram, like the post, share to story and tag a friend in the comment section. 
   -Each comment is a new entry. 
   - The competition will run from 6pm on 30/01/23 to 6pm on 05/02/23. The winner will then be selected at random and announced shortly after, providing that they have met each requirement. 
   - The winner will be contacted directly on Instagram to confirm applicable details, and the prize will be shipped within two weeks of the closing date 
   - KCS reserve the right to amend or withdraw this competition at any time, and our decision is final 

21. TITLE RETENTION AND RISK

21.1 The risk in the Goods shall pass to You when the Goods are delivered to, or collected by, You or your agent.

21.2 Title in the Goods shall not pass to You until both: (1) We have received payment in full (in cleared funds) for the Goods from You; and (2) no other amounts are outstanding from You to Us in respect of any other Goods supplied by Us to You.

21.3 Until title to the Goods has passed to You, You shall: 

(a) store the Goods separately from all other Goods held by You so that they remain readily identifiable as Our property; 

(b) not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; 

(c) maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery; 

(d) give Us such information as We may reasonably require from time to time relating to the Goods and your ongoing financial position.

21.4 At any time before title to the Goods passes to You, We may require You to deliver up all Goods in your possession that have not been irrevocably incorporated into another product and if You fail to do so promptly, enter any premises of yours or any third party where the Goods are stored in order to recover them. 

22. DATA PROTECTION

22.1 We will only collect and process your personal data when we have a legal basis for processing the same, in accordance with the relevant data protection legislation. 

22.2 Please refer to our Privacy Notice. 

23. GOVERNING LAW

The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England. 

24. JURISDICTION

Each party irrevocably agrees that the Courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the contract or its subject matter or formation.

25. ADDITIONAL TERMS FOR CONSUMERS

If You are a Consumer, the following terms apply to You:

Limitation of Liability 

25.1 If We fail to comply with these terms and conditions, then we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms and conditions or our negligence. However, We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by You and Us at the time both parties entered into the Contract relating to the relevant order.

25.2 Where digital content supplied by Us is proven to have caused damage to your device or other digital content, We may choose to either repair the device or digital content, or offer you compensation. Any compensation shall: (a) be reasonable in all the circumstances; and (b) only be payable where the damage would not have occurred if We had exercised reasonable care and skill.

25.3 Where You are a Consumer, we only supply Goods for domestic and private use/ You agree not to use the Goods for and commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 

25.4 We do not in any way exclude or limit our liability for: 

25.4.1 death or personal injury caused by our negligence; 

25.4.2 fraud or fraudulent misrepresentation;

25.4.3 any breach of the terms of sections 9 to 17 of The Consumer Rights Act 2015;

25.4.4 any breach of the terms of sections 34 to 37 and section 41 of The Consumer Rights Act 2015 (relating to digital content) where the Consumer has purchased digital content. Where KCS has provided the digital content free of charge, sections 34 to 37 and section 41 of the Consumer Rights Act 2015 are expressly excluded; and

25.4.5 any breach of the terms of sections 49 to 52 of The Consumer Rights Act 2015. 

26. ADDITIONAL TERMS FOR BUSINESSES 

If You are a Business, then the following terms apply to You: 

Limitation of Liability

26.1 KCS's total liability in respect of all losses arising under these terms and conditions and/or for any order, whether in respect of breach of contract, tort (including negligence), breach of statutory duty or otherwise shall in no event exceed the price paid by the You for any Goods purchased from KCS..

26.2 We shall not in any circumstances be liable, whether in contract, tort (including negligence or breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent) or otherwise for: 

(a)   loss of profits;

(b)   loss of sales or business;

(c)   loss of agreements or contracts;

(d)   loss of anticipated savings;

(e)   loss of use or corruption of software, data or information;

(f)    loss of or damage to goodwill;

(g)   loss of goods; or

(h)   loss of use; or

(i)    special, indirect or consequential or pure economic loss, costs, damages, charges or expenses.

26.3 Nothing in this clause excludes our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation; 

(c) for any other matter in respect of which law prescribes that liability may not be excluded or limited. 

26.4 You agree that We will not be liable for any loss arising our of the provision of Goods or services by any company, organisation or person other than KCS or for any loss caused by your failure to perform you obligations in relation to these terms and conditions or any order.

Authority

26.5 You confirm that You have authority to bind any business/public sector organisation/school on whose behalf you order any goods. 

Entire Agreement

26.6 These terms and conditions, together with any contractual documents KCS provides you, constitute the entire agreement and understanding between the parties relating to the subject matter. These terms and conditions supersede and cancel all prior agreements, statements, representations, understandings, negotiations and discussions, whether oral or written, between the parties. Each of the parties acknowledges and agrees that in entering into any order it has not relied on (or been induced to enter into any order by) any statement, representation, warranty or understanding made prior to these terms and conditions. Nothing in this clause excludes any liability for fraudulent misrepresentation.  

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