In these Terms and Conditions (the “Terms”) the following words shall have the following meanings:
“Goods” means the wood pellets (or such other products Kedco may from time to time make available from its Site) which Kedco is to supply to you in accordance with these Terms;
“Kedco” means Kedco Group, a company registered in Ireland (Registration No. 419289) and with its registered office at Unit 6, Portgate Business Park, Monkstown, Co. Cork; and
“Site” means this website accessible through the domain www.kedco.ie or www.kedco.com
General
These Terms set out the terms and conditions under which you may use this Site and under which you may purchase Goods from Kedco.
The Site is owned and operated by Kedco. Your use of this Site constitutes acceptance of these terms and conditions. If you do not accept the terms and conditions, then you may not use the Site.
These Terms shall govern any contract for the purchase and sale of Goods (including delivery) to the exclusion of any other terms and conditions subject to which any order is made or purported to be made by you. No conduct by Kedco shall be deemed to constitute acceptance of any terms and conditions put forward by you.
Kedco may revise the Terms at any time, and Kedco reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms. Any amendments to the Terms will be effective immediately when they are posted on the Site. If any modification is unacceptable to you, you shall stop using the Site. Your continued use of the Site following our posting of a change of terms will constitute your binding acceptance of the change.
Your Use of the Site
The contents of the Site, such as text, graphics, images, photographs, code and other material (the “Materials”), are protected by copyright, trade mark (including both registered and unregistered trade marks) and other laws in both Ireland and overseas. You may not reproduce, display, distribute, sell or modify or otherwise use the Materials in any way for any public or commercial purpose or otherwise in breach of these Terms.
Links From Other Websites
Kedco generally welcomes the hyper-linking to the Site from other appropriate websites provided such links are to the Site’s homepage (and no deeper within the Site) and provided Kedco has given its prior written consent to such linking and that the viewing of the Site is not impaired by framing or similar techniques that may impair use of the Site.
Inaccuracies in the Materials
The Materials may contain inaccuracies or typographical errors. Kedco makes no representations about the accuracy, reliability, completeness, or timeliness of the Materials. In particular, any typographical, clerical or other error or omission in any sales literature, quotation, price list, or other document or information made available through this Site shall be subject to correction without any liability on the part of Kedco in the case of any such inaccuracy or typographical error.
Limitation of Liability
All warranties, conditions or other terms implied by statute or common law, except in respect of death or personal injury caused by Kedco’s negligence, are, except as herein provided, excluded to the fullest extent permitted by law.
Kedco does not warrant that the Site will operate error-free or that the Site and its contents are free of computer viruses and other harmful elements. The Site is provided on an “as is” basis without any warranties of any kind.
The following provisions set out Kedco’s entire liability (including any liability for the acts and omissions of its employees, agents or sub-contractors) to you in respect of: (i) any breach of the contractual obligations arising under these Terms; and (ii) any representations, statements or tortious act or omission (including negligence) arising under or in connection with these Terms (“Event of Default”).
Kedco shall have no liability to you in respect of any Event of Default unless you shall have served notice of the same upon Kedco as soon as is reasonably practicable after the date on which you became aware of the circumstances giving rise to an Event of Default or the date when you ought reasonably to have become so aware, and Kedco shall have 30 days from the date of such notice in which to remedy an Event of Default hereunder.
Kedco shall not be liable, and shall not otherwise be deemed to be in breach of these Terms, for any failure to perform (or delay in performing) any of its obligations hereunder caused by circumstances outside of its reasonable control.
Under no circumstances (in contract, tort, or otherwise) shall Kedco’s liability for the sale of Goods exceed the price paid by you for those Goods.
You are responsible for ensuring that Goods supplied shall be used solely for their intended purpose and that such Goods shall only be stored and used under safe conditions. It shall be your responsibility to ensure that:
the Goods can be properly used in conjunction with your equipment and without causing damage or adversely affecting such equipment, and Kedco shall not be liable for any damage or adverse effect in the event that incorrect or unsuitable equipment is used by you; and
the Goods are properly stored and in particular in a damp-free environment, as even low levels of moisture can damage or destroy wood pellets. You are hereby on notice of this potential for damaging or destroying the Goods through dampness. Should you have any queries regarding proper storage, please contact Kedco who can advise on appropriate means. Kedco shall not be liable for any damage or adverse effect in the event that incorrect or unsuitable storage means or equipment are used by you, regardless of whether or not you were present to take possession of the Goods in person at the time of delivery.
No liability shall rest with Kedco for any failure on your part to discharge this responsibility.
Disclaimer of Consequential Damages
In no event shall Kedco be liable for any damages whatsoever (including, without limitation, incidental, special and consequential damages, lost profits, lost goodwill or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site and/or the Goods, whether based on statute, contract, tort, or any other legal cause.
Your Obligations
You hereby agree and confirm that:
any information provided by you will be true, accurate, current and complete;
you are the authorised holder of any credit/debit card you use on the Site;
you will, unless alternative arrangements have been specifically agreed with Kedco in advance of delivery, make yourself available for delivery and to take delivery of any Goods ordered by you from the Site; and
you will provide reasonable co-operation to Kedco in all matters relating to the Terms and the Goods.
PRODUCT DESCRIPTION
Goods are sold subject to individual product descriptions which may set out additional specific terms and conditions related to that product including without limitation regarding estimated delivery times. Where applicable, you shall be deemed to be on notice of the terms and conditions attaching to any particular Goods, whether located on this Site or otherwise, from the time such terms and conditions become accessible to you.
You are entirely responsible for ensuring the accuracy of any order submitted and for providing any information relating to Goods and/or delivery necessary to effect proper delivery of the Goods .
Kedco reserves the right to make any changes to the specification of Goods which are required to confirm with any applicable statutory or EU requirements or to make changes which do not materially affect their quality or performance.
Placing Your Order With Kedco
Any order you make through this Site shall be deemed to constitute an offer to purchase. No contract shall exist between you and Kedco for the sale by it to you of any Goods unless and until Kedco accepts your order by email. That acceptance shall be deemed complete and shall be deemed to be effectively communicated to you at the time Kedco sends the email to you (whether or not you receive that email). Any such contract will be deemed to have been concluded in Ireland and will be interpreted, construed and enforced in accordance with the laws of Ireland.
While every effort is made to ensure the availability of Goods and to fulfil all orders, Kedco cannot guarantee the availability of all Goods displayed on the Site. Kedco reserves the right to discontinue the sale of any Goods or services listed on this Site at any time without notice.
Prices And Payment
Prices are displayed in € euro and are valid in the Republic of Ireland only. Prices are inclusive of VAT at the current rates but do not include delivery charges. These will be notified to you and applied after you select your delivery details. Kedco reserves the right to change or amend prices or promotional offers at any time without notice.
Kedco accepts payments made by all major credit card providers. Kedco’s server is certified secure by AIB and Realex.
Delivery
Kedco will endeavour to have your Goods delivered within [five] working days. While Kedco will endeavour to meet our delivery estimates, Kedco cannot guarantee delivery within these time frames and we will not accept responsibility if your order is delivered outside this estimate. Time for delivery shall not be of the essence.
Delivery will only take place once payment in full has been received by Kedco.
Title to the Goods will only pass when:
delivery is acknowledged by a valid signature from a member of your household who is 18 years or over; or
in circumstances where it has been agreed in advance with Kedco that delivery will be made without you (or someone authorised by you) being present to take receipt of the Goods, when the Goods are actually delivered.
If Kedco fails to deliver the Goods (or any instalment) for any reason other than any cause beyond its reasonable control or your fault and Kedco is accordingly liable to you, Kedco’s liability shall be limited to the excess (if any) of the cost to you (in the cheapest available market) of similar goods to replace those not delivered, over the price of the Goods.
If you fail to accept delivery of Goods, then without prejudice to any other right or remedy available, Kedco may sell the Goods at the best price readily obtainable and after deducting all reasonable storage and selling expenses charge you for any shortfall and/or any costs incurred due to your failure to accept delivery.
Kedco reserves the right to deliver up to ten per cent more or ten per cent less than the quantity ordered without any adjustment to the price and the quantity so delivered shall be deemed to be the quantity ordered.
Returns And Refunds
Kedco will within seven working days of delivery accept the return of any Goods which are in their original condition and packaging and in the opinion of Kedco are re-saleable. For the avoidance of doubt, Kedco will not accept the return of goods which have been damaged or destroyed or are otherwise not re-saleable, including for example through dampness. If Kedco agree to provide you with a refund, Kedco will instruct its bank to credit your credit card account within 30 days of receipt of the returned Goods, the return of the Goods being at your expense. In order to return Goods, please contact Kedco at and quote your order number.
Our Privacy Statement
Kedco respects your right to privacy. In order to process orders, Kedco will be required to retain certain information including your name, address, phone numbers, e-mail address, IP address, billing shipping address. Kedco will retain this information in accordance with its obligations under the Data Protection Acts 1988 – 2003, as more particularly described in Kedco’s Privacy Policy, accessible at [insert link to Privacy Statement]. You should review our Privacy Statement, which is incorporated into these Terms by this reference.
General
Any disputes, claims or proceedings arising out of or in any way relating to the Site shall be governed by the laws of Ireland and the courts of Ireland shall have exclusive jurisdiction for the purpose of any proceedings arising out of or in any way relating to the Site.
If any provision of these Terms is found to be invalid by any competent authority, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term. No variation of any of these Terms shall be binding unless agreed to in writing by Kedco.
If you have questions or concerns regarding these Terms or the Goods, please contact us on or by regular mail addressed to Kedco Energy Limited, Unit 6, Portgate Business Park, Monkstown, Co. Cork, Ireland.
