TERMS AND CONDITION
Welcome to the official online store for the brand KitchenAid. This online store is operated by the company Frucon² on behalf of the company KitchenAid Europa, Inc. Unless otherwise provided in writing, the relations between Frucon², KitchenAid and the User of KitchenAid.ie website (the “Site”) are regulated by the present Terms and Conditions, that are understood to be accepted by the non-professional buyer (the “User” or “You”). The Terms and Conditions regulate the security and the contractual relationship of the transactions between the User and Frucon².The above mentioned is applied, irrespective of the location from which You are using the Site.
The present Terms and Conditions may at all times, without prior notification, be amended. Any purchase after the amendment, implies the acceptance of the new conditions by the user.
The seller of the products and contractual partner of the User is Frucon² NV, whose registered office is located at Pittemsestraat 58D, 8850 Ardooie, Belgium, tel: +32 51 280 840 ("Frucon²"), registered in the Central Company Register under number BE 0806.661.106.
ACCURACY OF CONTENT
The information as to the products and prices, as well as the detailed order information that the User may find at the ‘Order Info Page’, are drafted and communicated under reserve of amendments and corrections. Modifications to the contents take place at a regular basis without informing You explicitly about them. KitchenAid makes reasonable efforts to ensure that product information is accurate and to display as accurately as possible the colours of the products. The weights, dimensions and volumes of the products are approximate only and it cannot be guaranteed that your screen’s display will accurately reflect the colour of the product on delivery.
All prices are displayed on the Site are inclusive of VAT and exclusive of delivery charges. Delivery charges are always mentioned separately. In any event, the total price indicated on the Site when You confirm your order is the total price you will have to pay.
The currency is at all times clearly mentioned. If an error is found in the price of the products you have ordered, KitchenAid Contact Center will inform You as soon as possible and offer You the option of cancelling your order, free of charge.
You can place an order if you are an adult aged 18 or over. The ordering process consists of following steps:
You add the products You want to purchase to your “shopping cart”;
You choose “ordering” if no other product has to be added to your cart;
You choose your delivery method;
You enter the delivery and billing address;
You will be asked to accept the Terms and Conditions;
You indicate your payment method and enter your payment information;
You will now be given the opportunity to review your selection.
After submitting your order KitchenAid will send you an e-mail confirming receipt of your order. If You pay by credit card, You will receive an e-mail containing your payment status. As soon as the goods are shipped, You will also receive a notification (the "Shipping Notification E-mail"). All orders are subject to possible stock fluctuations. At the occasion of an unforeseen stock crash, KitchenAid Customer Service will inform You and give You the right to freely cancel an order reservation.
SECURITY OF YOUR PERSONAL DATA
Frucon² uses all reasonable efforts to protect User data. A payment with a credit card will only be kept online through the facilities offered by a leading on-line Payment Service Provider, Adyen. Adyen, a PCI approved European payment gateway. Standard "Secure Sockets Layer" (SSL) internet encryption technology provided by Netwerk Solutions will be used to transfer other Personal Data to the database of Frucon².
The servers will be housed in Brussels (Belgium) by a Microsoft Gold Partner, Combell Group, and a internet hosting provider. These servers contain personal information, but will never contain any information with respect to payment modalities or bank records. The servers are secured by multi-level firewalls and a standard security protocol.
A "Sale" is to be understood as the online purchasing of an article that will be dispatched to your address. When payment takes place, at that moment the purchase comes about. The order will only be shipped after receipt of the payment.
Frucon²reserves the right to refuse an order in the following cases:
If there is a serious suspect of abuse of law or lack of good faith by the user;
If the end of stock is reached or if a product is no longer be available;
If an invalid offer is determined;
In case of force majeure.
Care of PO Box addresses and military APO addresses are not accepted.
As soon as KitchenAid ship the ordered goods from its warehouse KitchenAid will send You an email to inform You. This email will contain the shipping information of your parcel, the parcel number and a hyperlink to track the parcel on the site of the shipping company. On that shipping company site, contact information of the shipper is available.
The products are only being delivered in those countries for which the website allows the delivery. We will use all reasonable efforts to deliver the products ordered within the timescales indicated on the individual order confirmation. Erroneously communicated addresses are the responsibility of the User and may lead to extra charges that will be redressed to the User.
All goods will be sent from KitchenAid Warehouse. If your product is not delivered within the specified timescale, please contact firstname.lastname@example.org with your client number of order number. Should exceptional circumstances result in the fact that You have not received any item You ordered after 30 days from the date of the Shipping Notification E-mail, You will have the option to cancel your order and request a full refund.
We only ship via a professional courier. Please note that we always require someone to sign for delivery. You may accept that a delivery is signed for by a person other than the client, on the condition that that this latter person is present at the indicated address. Should nobody be present at the time of delivery, You will be asked to arrange an appointment for a second presenting of the goods. This can be done either by telephone or by a card left in the letterbox.
DEFECTIVE PRODUCT OR WRONG DELIVERY
You must check whether your shipment is correct upon delivery. Should, in your opinion, the delivery not be in conformity with your demand, then please do not sign the delivery note and/or clearly note the nature of the discrepancy on the delivery note. You shall give KitchenAid written notification of the problem within 24 hours of the delivery date by e-mail to email@example.com. Should the failure be a fabrication error of KitchenAid, or in case KitchenAid has delivered the wrong goods, then KitchenAid will bear all shipping costs related to the returning of the goods.
The User has the right to inform the supplier of his right of withdrawal, without payment of any fine and without notification of a motive at any time up to 14 calendar days from the day following the delivery date. If the User exercises his right of withdrawal, he must return the goods to KitchenAid at his own risk and expense. If the Customer has opted for a delivery method other than the cheapest standard delivery offered by KitchenAid, the resulting additional costs will not be reimbursed. During the withdrawal period, the User is advised to treat the product and packaging with care and to unpack or use it only to the extent it is necessary to ascertain the nature, characteristics and functioning of the product. KitchenAid reserves the right not to assume any depreciation of the products resulting from manipulations other than those necessary to determine the nature, characteristics and operation of the product.
In order to return the goods the following procedure needs to be followed:
Step 1 Please contact firstname.lastname@example.org, within 14 calendar days after the day of delivery, by means of an explicit declaration that You wish to revoke the contract, and indicate the order number. To do so, You can use the model form below if You wish. KitchenAid Contact Center will send You its return instructions by e-mail.
Step 2 Please pack the goods before returning them. The User must send at his own expense, the goods as well as accessories, in their original condition and packaging. All documentation accompanying the goods, proof of guarantee and packaging material must also be returned.
Step 3 Please print the return ticket and stick it on the box(es). The label received will contain all the information to ensure that the return goes smoothly (your data, the delivery address, the name of the carrier).
Step 4 If You have any questions after step 3, do not hesitate to contact KitchenAid Contact Center. If You have no questions, You must return the goods within 7 days of receiving the return instructions. The date of dispatch is decisive.
Step 5 If the goods arrive in good condition, You will be refunded within 30 days. If the goods arrive incomplete or damaged, You will be informed, only goods purchased online on the site can be returned.
Only online purchased goods on kitchenaid.ie can be returned. As for any other return, we advise you to get in touch with the shop at which you have purchased the goods.
Needed information for Return: In order to receive a refund, please share the requested information below with KitchenAid Contact Center at the following e-mail address: email@example.com
- I/we (*) hereby state/communicate (*) that I/we (*) revoke (*) our contract for the sale of the following products/delivery of the following service (*): - Ordered on (*)/Received on (*) - First Name(s) & Last Name(s) of Customer(s) - Customer(s) address - Telephone number - Order number - Article name or number of product that you wish to return - Reason for return - Additional remarks we need to be aware of? (*) Please delete as appropriate
LIMITATION OF LIABILITY
a. Use of the Site: Frucon² is not responsible for an uninterrupted availability from or access to the Site, disturbances from the computer system, viruses or other inconveniences which might come from the use of the Site (including but not limited to loss of profit). b. Use of the goods: Frucon² is not responsible for loss or for material or other damages of any kind, which the User or third would suffer in the use of the goods.
LEGAL AND COMMERCIAL GUARANTEE
For consumers, there exists a legal guarantee equal to 2 years. This guarantee only covers a lack of conformity which already exists in the supplied goods. During the aforementioned period, the seller commits itself to replace or repair the concerned goods (or parts) free of charge. The seller reserves the right to trade the article if the costs for a repair are disproportionate, or if a repair is impossible. Defects that manifest themselves after a period of 6 months following delivery are not considered to have been present at the time of delivery, subject to proof by the customer.
To appeal to a guarantee, the customer needs to present its sales receipt or invoice. The guarantee is non transferable. Any defect must be reported within two months after it has been discovered. Afterwards, every right to repair or replacement is void.
KitchenAid offers an additional commercial guarantee on certain products. Please refer to the guarantee leaflet which goes along with the product to learn more about commercial guarantee.
USE OF THE MATERIAL VIA THE SITE The content of the Site may only be used with the express permission of Frucon² and KitchenAid. It is prohibited to modify, reproduce, download, distribute, transfer or commercially exploit and/or share the services, pages of the Site, or computer codes that relate to the Site. The information and suggestions transmitted to us via the Site may be used without obligation and without compensation by Frucon².
INTELLECTUAL PROPERTY RIGHTS All rights, including copyright and compilation copyright, in this Site are owned by or licensed to KitchenAid. KitchenAid® is a registered trademark of Whirlpool Properties Inc., State of Michigan (USA).
All other trademarks, marks, illustrations, images and logos which appear on the products, accessories or packaging, are and remain the exclusive property of KitchenAid; their reproduction, whether wholly or partially, for whatever reason and for whatever medium, is strictly prohibited, as is any combination or use in conjunction with any other mark, symbol, logo or other distinctive sign.
Any dispute regarding the closing, the validity, the interpretation or the execution of the contract or the Terms and Conditions is solely governed by the laws of Ireland and the courts of Ireland shall have exclusive jurisdiction. All parties agree to accept electronic evidence (e.g. e-mails, back-ups,...) as binding evidence in case of disputes.
If any of the present Terms and conditions would be declared null and void or should not be applicable, the other terms and conditions will remain valid and the term declared null and void will remain applicable within the boundaries set by law.
ONLINE DISPUTE RESOLUTION
The User is informed that he may in any event resort to the European Commission's alternative online dispute resolution procedure. The online dispute resolution platform is a single point of contact for consumers in the European Union to resolve disputes relating to online purchases in Ireland and abroad and is available at the following address: https://ec.europa.eu/odr.
For any questions, remarks or technical issues with respect to this Site, You can contact us through the following channels: firstname.lastname@example.org , tel.: 00800 381 04026.
These Terms and Conditions were last updated on May the 18th 2020.