Terms & Conditions

1. Who we are 

1. Company information. KitPest Limited (company number 14397867, is a registered company in England and Wales. Our registered address is c/o Ep Tax Unit 2d Unit 2d Castledown Business Park, Ludgershall, Andover, Wiltshire, England, SP11 9FA. Our trading location is Unit 2d Castledown Business Park, Ludgershall, Andover, Wiltshire, England, SP11 9FA. Our VAT number is 445558861. We own and supply our goods and services via our website https://www.kitpestuk.com ( the ‘website’).
2. Making contact with us. Our contact details can be located on our website 01980 322548 and our email address is sales@kitpestuk.com

2. Our Agreement with you

1. Our Agreement. The following terms and conditions (‘Terms’) sets out our legal relationship with you. It seems to regulate in accordance with the laws of England and Wales the contract and how we supply these products to you (the ‘Contract’).
2. Complete consent. The Contract constitutes the entirety of our agreement. You hereby declare that you have not placed any reliance on any assurance, warranty, statement, promise, or representation that is not explicitly stated in the contract.

3. Other Terms shall apply to you:

1. These terms mention the following additional terms, which also apply to your use of our site:
2. Our Privacy Policy https://www.kitpestuk.com/privacy-policy. explains how we may use your personal information.
3. You are responsible for ensuring that every person who accesses our Site are aware of and complaint with these Terms and other applicable terms.

4. The Contract and the placing of the Order

• a. The Order. You place an order on the website by adding items to the basket then when you are happy with your choice, proceeding to the next step and clicking “pay” to confirm your order. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us. You will be asked to confirm your agreement to these Terms prior to submitting your order.
• b. We must receive payment of the whole of the price for the products that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form confirming acceptance of your order. Our confirmation of acceptance of your order brings into existence a legally binding contract. Please follow the online
• c. If your order is not accepted. If we are incapable of providing the products for any given reason, we shall notify you via email and your order shall not be processed.  Your order will be refunded in full including any applicable shipping charges. The refund shall be processed by return but there may be a short delay depending on the payment provider you have used when you made the order for the goods. 

5. Our Products

• a. The images of the Products displayed on our website are solely for illustrative purposes. While we have attempted to present the colours in an accurate manner, we cannot ensure that the colours displayed on your computer precisely correspond to the actual colour of the goods. Possible minor variations in colour from the images provided may occur in the goods themselves.

6. Cancellation by us

We reserve the right to cancel the contract if:

• a. We have insufficient stock to deliver the goods you have ordered;
  we do not deliver to your area; or one or more of the goods you ordered was listed at an incorrect price due to a typographical error.
• b. If we cancel your contract we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

7. Delivery of goods to you

• a. Information as to delivery options and charges is provided on the site. It may not be possible for us to deliver to some locations.
• b. We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
• c. Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.
• d. You will become the owner of the goods you have ordered when they have been delivered to you, prior to which ownership of the goods remains with the Seller. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

8. Returns – goods not as described on website

• a. Some of our goods as sold are pre-owned (second-hand) and are likely to have been worn/used at least once. Due to the nature of second hand goods as such, they may not be in perfect condition, though we will always strive to ensure that they are of excellent quality we shall endeavour to accurately describe the condition of all goods on the site. If the goods are not as described on the site or have a fault not described and you wish to return them, you must contact us immediately on receipt of the goods and send the goods back to our contact address at your own cost and risk within 7 days of receiving them. Any sum debited to us from the original source of payment shall be repaid to you plus the reasonable cost of return postage, will be credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be credited to you.

9. Returns — any other reason

• a. Because the goods are pre-owned, second-hand garments and because you are treated as a consumer, so you will have seven days to change your mind for whatever reason.
• b. Our policy lasts 7 days from delivery. If 7 days have gone by since your order was delivered, unfortunately we can’t offer you a refund or exchange.
• c. Where the goods are retail/new items you have 30 days from the day the goods arrive at your delivery address, irrespective of whether they are in your possession or not to cancel for whatever reason. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging. If it is Retail or a Brand-New item with tags, it must be returned with the tags intact to be eligible for a refund/exchange. All returns must be approved prior to sending back to us and can be requested by completing our returns request form https://www.kitpestuk.com/returns-request.
• d. Several types of goods are exempt from being returned such as ood, flowers, newspapers or magazines. We also do not allow for returns in respect of sanitary or intimate goods, hazardous materials, or flammable liquids or gases. In addition, gift cards, downloadable software products are incapable of being returned and any request shall be rejected.
• e. Return shipping costs. Unless we have confirmed otherwise you will be responsible for paying for your own shipping costs for returning your item. If you are shipping an item over £50, we strongly recommend using a track able shipping service or purchasing shipping insurance which will provide a proof of delivery. We cannot guarantee that we will receive your returned item if the goods are returned to us by standard mail. Royal Mail do lose items! 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 refund. If your refund is approved, then your refund will be processed and a credit will automatically be applied to the original method of payment, within a certain amount of days unless you have opted for the balance to be added to a new Kit Pest gift card. This may also take between 3-5 working days to clear into your account. Note: We can only process refunds to the original payment method. If your return is rejected, the items will be returned back to you. Please note: rejected returns may be subject to additional shipping charges, we will contact you to discuss options before any additional charges are made.
• f. Returns when using Klarna. Klarna cancels any remaining payments on a refunded charge and returns the already-paid amount to the customer. Refunds usually take 5–7 business days to complete but may take longer depending on the customer’s financial institution and the type of purchase. Klarna supports full and partial refunds. You can also issue multiple partial refunds up to the amount of the original charge. Partial refunds update the Klarna order to reflect the new total amount. If the partial refund is greater than the remaining balance of the order, Klarna deducts the refund amount from the outstanding balance and returns the difference. If the partial refund is less than the remaining balance of the order, Klarna deducts the amount from the outstanding balance and spreads refunds evenly across the remaining payments.
• g. Any item not in its original condition WITH LABELS or is damaged or missing parts for reasons not due to our error. We cannot refund any goods after the 30-day period has expired. Refunds can take up to 10 working days to process. If after 10 days, you haven’t received a refund yet, please first check with your credit card or bank account. Ensure you are checking the same account as the original payment method was made from. If you’ve done all of this and you still have not received your refund yet, please contact us at sales@kitpestuk.com.
• h. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund unless the error is attributed to us. All decisions when it comes to refunds shall be at the ultimate discretion of Kitpest. 

10. EU and International shipping

• a. The international delivery destinations are the countries that are specified on this page https://www.kitpestuk.com/shipping. Before placing an order, please review the information on that page thoroughly, as certain international delivery destinations impose restrictions on specific goods.
• b. Import duties and taxes that are in effect at the time of delivery to one of the International Delivery Destinations may be levied on orders of goods placed on our website for such destinations. Please be advised that the quantity of these charges cannot be predicted, and we have no authority over them. 
• c. Your obligation to pay any applicable import duties and taxes shall remain with you. Kindly seek additional information from your local customs office prior to proceeding with the placement of your order.
• d. It is your responsibility to ensure that you adhere to all relevant laws and regulations of the destination country of the goods. You will not hold us liable or culpable for any violations of such laws.

11. Price and payment

• a. The prices displayed on our website at the time you place your order will apply to the Goods. We use our utmost diligence to ensure OR exercise all reasonable care to ensure that the prices of the goods are accurate as of the time the pertinent data was entered into the system. However, for information on what occurs if we detect a price error for the goods you ordered, please refer to clause 9.5.
• b. Prices are subject to change at any time; however, modifications will not have an impact on orders that have already been completed.
• c. Where applicable, the price of the goods does not include value-added tax (VAT) at the prevailing rate presently levied in the United Kingdom. Nevertheless, should the VAT rate fluctuate from the moment you place your order until the moment you receive the goods, we shall modify the VAT amount you owe, unless you have remitted complete payment for the goods prior to the implementation of the revised VAT rate.
• d. Delivery charges are not included in the price of the goods. The delivery charges will be disclosed to you prior to order confirmation, during the check-out procedure. For information regarding applicable delivery fees, please visit our Delivery Charges page https://www.kitpestuk.com/shipping.
• e. Information on payment methods on our website is available at the following link: https://www.kitpestuk.com/payment-methods 

12. Our guarantee on the Goods

• a. We provide no assurance that the goods will adhere to any laws, regulations, or standards that are in effect outside of the United Kingdom.
• b. Upon delivery [and for a period of [12] months from the date of delivery], we warrant that the goods shall:

(b2) Adhere to the specifications outlined in their description,

(b3) Exhibit no discernible material defects in construction, material, or design

• c. In accordance with this clause 12 if:

(c2) You provide written notice to us within 30 days that any or all of the goods fail to meet the requirements of the warranty outlined in clause 12 we shall refund/replace at our own expense including shipping.

We reserve the right to rectify, replace, or refund in full the purchase price of any defective goods.

• d. In the following circumstances, we shall not be liable for any breach of the warranty specified in clause 12:

(d2) You may not utilize the Goods again until you have notified us within the 30 days

(d3) The defect is caused by our adherence to any of your supplied drawings, designs, or specifications;

(d4) You modify the Goods or repair them without our prior written consent;

(d5) In the event that the defect is caused by reasonable wear and tear, intentional damage, negligence, or unusual storage or working conditions; or

(d6) You fail to return the goods with the correct labeling and or packaging intact.

• e. With the exception of what is expressly stated in these Terms, we make no agreements, assurances, or representations with respect to the Goods. To the maximum extent permitted by law, any representation, condition, or warranty that might otherwise be implied or incorporated into these Terms by statute, common law, or otherwise is hereby excluded. Specifically, we shall not bear any liability for ensuring that the goods are appropriate for the intended uses.
• f. These Terms shall also be applicable to any replacement or repaired goods that we may provide to you.

13. Your website access and usage

• a. We do not guarantee that our website, or any content on it will always be available. We may suspend, withdraw, or restrict the availability of all or any part of our Website. We will try to give reasonable notice of any suspension or withdrawal.
• b. We reserve the right, without limiting any other remedies, to restrict your activities on the website, immediately suspend or terminate your user registration, suspend your account, and deny our services to you without prior notice if:

(b1) You violate these Terms or any documents it incorporates by reference;

(b2) We are unable, despite our reasonable efforts, to verify or authenticate the information you submit to us;

(b3) Your behaviour could result in financial loss or legal issues for us;

(b4) We determine that your actions have the potential to harm others, our customers, or contribute to the prevention of crime.

(b5) Your activities are associated with Drop Shipping, utilising our site to fulfil orders directly on behalf of third parties.

• c. Your website use and the content we have authorised you to download must not:

(c2) be false, inaccurate or misleading;

(c3) be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy, or any other rights.

(c4) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.

(c5) be fraudulent.

(c6) contain any computer viruses, macro viruses, trojan horses, worms, or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data, or personal information.

(c7) cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired.

14. Our liability: This clause is specifically highlighted for your consideration.

• a. All forms of liability deriving from or in connection with these Terms are encompassed within the definition of liability. This includes, but is not limited to, liability in contract, tort (including negligence), misrepresentation, restitution, and other liabilities.
• b. You agree that we shall only provide the Goods for internal use within your organisation, and that you shall not resell the Goods.
• c. Our liability is not limited or excluded in any way by these terms:

(c2) Personal injury or fatality resulting from our negligence;

(c3) deception or misconduct in misrepresentation;

(c4) violation of the conditions implied by silent possession and section 11 of the Sale of Goods Act 1979; or

(c5) Any other liability that is not legally capable of being limited or excluded.

• d. Subject to subsection 14.4, we shall not be liable to you under any circumstances for:

(d2) Any depletion of revenue, sales, profits, or commerce; [or]

(d3) [data, information, or software loss or corruption; [or]]

(d4) [business opportunity lost; or]

(d5) [premature savings depletion; [or]]

(d6) [goodwill loss; or]

(d7)  any consequential or indirect loss.

15. Our right to cancel

• a. Notwithstanding any other rights we may retain, we reserve the prerogative to suspend the provision or transportation of the goods to you, or to immediately sever the contract by providing written notice to you, provided that:

(a2) you do not remit payment of any amount owed under the terms of the agreement by the due date;

(a3) You discontinue, threaten to discontinue, suspend, or threaten to terminate operations of a significant portion or the entirety of your business; or

(a4) Your financial condition declines to the degree that, in our reasonable assessment, it becomes impossible for you to fulfil your obligations under the Contract in a sufficient manner.

b. The accrual of any rights and remedies by either party at the time of contract termination shall not be impacted by the termination.

c. Shall remain in full force and effect any provision of the contract that is intended to enter or continue to be in effect upon or after termination, whether expressly or implicitly stated as such.

16.           Circumstances beyond our control

• a. Any non-performance or delay in performance of our contractual obligations due to an act or occurrence beyond our reasonable control shall not subject us to liability or responsibility (Event Outside Our Control).
• b. In the Event of a Circumstances Beyond Our Control Impacting the Performance of Our Contractual Obligations:

(b2)      We shall notify you by contacting you at the earliest reasonable opportunity; and

(b3)      During the duration of the Event Beyond Our Control, our contractual obligations shall be suspended and the deadline for performance shall be extended. In the event that the goods delivery to you is impacted by an event beyond our control, we will collaborate with you to establish a new delivery date once the aforementioned event has concluded.

• c. You may terminate the Agreement in the event that it is impacted by an Event Beyond Our Control and has persisted for a period exceeding thirty days. Please cancel by contacting us. You will return (at our expense) any pertinent goods you have already received in the event that you decide to cancel, and we will issue a full refund, including any applicable shipping costs.

17. The correspondence between us

• a. Email is deemed "in writing" for the purposes of these terms.
• b. Any notice provided by one of us to the other in accordance with the Contract or in connection with it must be in writing and delivered by hand, via email, pre-paid first-class mail, or another service that ensures delivery the following business day.
• c. It is presumed that a notice has been received when:

(c2) When delivered manually, when the notice is left at the appropriate address;

(c3) By 9:00 AM on the second working day following the dispatch via pre-paid first-class mail or an alternative next-day delivery service; or

(c4) No later than 9:00 am the following business day following email transmission.

• d. To establish notification service, it is adequate to demonstrate, in the case of a letter, that it was delivered to the designated email address of the addressee and duly addressed, stamped, and mailed; for an email, that it was transmitted to the specified email address of the addressee.
• e. The aforementioned clause shall not be extended to the service of documents or proceedings related to a legal action.

18. In general,

• a. Transfer and assignment.

(a1) In the event that we assign or transfer our rights and obligations under the Contract to another entity, we shall provide you with prior notice [in writing or by posting on this webpage].

(a2) You may only transfer or assign your contractual rights or obligations to a third party with our prior written consent.

• b. Distinction. Any modification to the Agreement shall solely be legally binding and must be in writing, duly signed by both ourselves and you (or our duly authorized representatives).
• c. Exemption. Should we refrain from enforcing any of your contractual obligations, exercise no recourse against you, or postpone doing so, it shall not be construed as a waiver of our rights or remedies against you, nor shall it be assumed that you are exempt from fulfilling those obligations. Should we choose to waive any rights or remedies, we will do so exclusively in writing. However, this does not imply that we will automatically relinquish any right or remedy pertaining to any subsequent default on your part.
• d. Intensity. Each paragraph functions in isolation within these terms. In the event that any of them are deemed unlawful or unenforceable by a court or other relevant authority, the remaining paragraphs shall retain their complete force and effect.
• e. Rights of third parties. This is a contract between us and you. No other individual is authorized to enforce any of its provisions.
• f. The governing jurisdiction and law. Each party irrevocably agrees to subject all disputes arising from or in connection with the Contract to the exclusive jurisdiction of the English courts, under the jurisdiction of English law.