Privacy Policy, Terms And Conditions

This Policy explains when and why we collect personal information, how we use it, the conditions under which we may disclose it to others and how we keep it secure. 

How we collect information from you 

We obtain information from you to carry out our obligations arising from contracts entered into by you and us for the purposes of the sales of goods, repairs to goods. 

What type of information is collected from you? 

The personal information we collect might include your name, address, e-mail address and telephone numbers. 

We review our retention periods for personal information on a regular basis.  We are legally required to hold some types of information to fulfil our statutory obligations.  We will hold your personal information on our systems for a long as is necessary for the relevant activity, or as long as is set out in any relevant contract you hold with us. 

Who has access to your information? 

We will not sell or rent your information to third parties. 

We will not share your information with third parties for marketing purposes. 

Your choices 

You have a choice about whether or not you wish to receive information from us.  If you do not want to receive direct marketing communications from us about the products and services we provide then you can contact us to have your information removed from our database.

We will not contact you for marketing purposes by email, phone or text message unless you have given your prior consent.  We will not contact you for marketing purposes by post if you have indicated that you do not wish to be contacted.  You can change your marketing preferences at any time by contacting us by email:  

How you can access and update your information 

The accuracy of your information is important to us.  You have the right to ask for a copy of the information  hold about you (we may charge £10 for information requests) to cover our costs in providing you with details of the information we hold on you. 

Security precautions in place to protect the loss, misuse or alteration of your information 

When you give us personal information we take steps that it’s treated securely.  Any sensitive information (such as credit or debit card details) is encrypted and protected by a third party provider. 

Non-sensitive details (your email address etc.) are transmitted normally over the Internet and this can never be guaranteed to be 100% secure.  As a result, while we strive to protect your personal information we cannot guarantee the security of any information you transmit to us and you do so at your own risk.  Once we receive your information we make our best effort to ensure its security on our systems. 

In summary 

• We respect your privacy whilst using your personal data. 

• We will only use your personal data for the fulfilment of our contract with you for the sale, repair or hire of goods.

• We do not collect your personal details without your knowledge. 

• We only share your personal details with third parties where it is a requirement to fulfil our contract with you. 

• We ensure that all third parties are GDPR compliant for the protection of your personal data. 

• We will only hold your information for as long as necessary to complete our contract with you, or if a legal requirement to do so. 

• We do not use your personal data for auto decision making or profiling. 

• We do not store your credit card details when you make a purchase 

• You have the right to access the personal data we hold on you at any time. 

• You have the right to have your personal data rectified if it is incorrect or incomplete. 

• You have the right to withdraw your permission to hold personal data at any time. 

• You have the right to complain to the relevant regulatory body at any time. 

• If you have purchased with us, or registered to receive promotional emails, you have the right to have your details removed from our database at any time. 

– The complete contract is the document or documents that sets out these terms and conditions and all other details relevant to the agreement between Buyer and Seller and is herein after referred as ‘the contract’. The contract shall be governed by English law. ‘The goods’ means the goods sold to the Buyer by the Seller. ‘The recipient’ is the person, firm, company, public authority or corporation to whom the goods are delivered when it is not the Buyer.

– The contract comes into effect when the Buyer has placed an order detailing its requirements having agreed to be bound by these terms and conditions and the Seller has accepted the order. 

-The Buyer or the Recipient acting on the Buyers behalf will receive and unload the goods, will check them for quality and condition in the presence of the carrier.  In the event of shortage or damage the carrier’s delivery ticket should be endorsed accordingly and the Seller and carrier advised separately in writing within 3 days to this effect 

-*Only applying to non-account holders* All products and machinery which have had work carried out on them and a invoice raised for that work shall not be released from our premises until all payments are made in full. 

-If goods have been handed over before payment to account holders the ownership of the goods shall not pass from the Seller to the Buyer until all sums due from the Buyer to the Seller, whether or not arising from this contract, have paid in full. Until the ownership has so passed, the Buyer shall not be entitled to deal in the goods and shall be bailee of the goods for the Seller and the Seller shall be entitled to deal in and recover possession of the goods and as licensee of the Buyer may enter the premises of the Buyer for the purpose of such recovery. If, despite such prohibition on dealing the Buyer does not deal in the goods, the Buyer shall be accountable in fiduciary capacity to the Seller for any money realized by such dealing. 

– The Seller accepts no responsibility for any consequences arising from failure to delivery at a specified time. The Seller will not be liable for any indirect loss, loss of business, profit, savings the buyer expected to make or wasted money, salaries, expenses or fees, due to non-delivery, unsuitability or breakdown of the goods or any part therefore. 

RETURNS

Our policy lasts 30 days for machinery, clothing and accessories that we stock and 14 days for parts that we stock. For none stocked items that are ordered at the request of the customer they will be referenced as ***special order*** and are classed as non-refundable, this does not include any good with a manufacturing issue. If 30 days have gone by for stocked machinery and 14 days have gone by for stocked parts since your purchase, unfortunately we can’t offer you a refund or exchange. 

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. 

Several types of goods are exempt from being returned. Such products as, Carburettors, Gaskets, PCBs (Printed Circuit Boards or oils, flammable liquids or gases.

Additional non-returnable items: 
– Downloadable software products 
– Some health and personal care items

To complete your return, we require a receipt or proof of purchase. 
Please do not send your purchase back to the manufacturer. 

Refunds (if applicable)
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 you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days. 

CONDITIONS FOR THE PROVISION OF SERVICE.

1) Completion dates are when offered, to be used only as a guide and KDS Garden Machinery cannot be held responsible for late completion due to circumstances beyond our control. 

2a) *Only applying to non-account holders* All products and machinery which have had work carried out on them and a invoice raised for that work shall not be released from our premises until all payments are made in full.

2b)  Goods or Equipment, not removed from the premises of KDS Garden Machinery, by 1 week from the date of notification of completion of work or estimate ordered, will be subject to a reasonable storage charge of up to £5 per day. Any goods or Equipment left for more than 1 MONTHS without prior agreement will be subject to a 1 MONTH written notice of disposal.

3) KDS Garden Machinery reserves the right to repair or replace parts, as may be necessary, to make the goods or Equipment safe to be used and to refuse to carry out any work on these, should the own specifically exclude such repairs.  

4) KDS Garden Machinery Hold the right to reject any product in for repair or service if we deem it unsafe to be used or if the product is unlikely to achieve minimum performance standards after work is complete. 

• We may also reject products that are deemed uneconomical due to labour costs to repair and concerns over long-term reliability of the product after work has taken place. 
• Products that have been used over a long period of time without regular servicing to manufacturers standards, may be rejected due to concerns over components failing after repair/service, where an increase in performance output in line with a quality service/repair, may increase stress on worn components that cannot be known to the engineer during service. 

5) Should the customer or KDS Garden Machinery choose to not repair a product due to it being uneconomical or any such reason not to go ahead with the repair of the machinery after an inspection has been conducted, there will be a charge payment of £30  handheld machinery, £45 for walk behind lawnmowers and £90 for ride-on lawnmowers. This can be redeemed if you were to buy a new item from us in a form of store credit. These charges are only a guide which may differ due to complexity and travel needs. These charges may be charged up front or before any such work is carried out. Inspection charges do NOT cover reassembly if required by the customer. 

6) Third Party manufacture warranty on products not originally sold by KDS Garden Machinery is firstly recommended that the product taken back to the original seller under the consumers rights act. If the owner chooses to use KDS Garden Machinery  for any 3rd party warranty it is at the discretion of KDS Garden Machinery  to accept any such warranty on behalf of the original seller or manufacturer. – The 3rd party warranty provider accepts no responsibility for any consequences arising from failure to deliver at a specified time. At any point of the claim KDS Garden Machinery holds the right to advise that the repair needed may not be done under 3rd party warranty and either an inspection charge or full repair cost will be owed by the client before release of the product back to the Client.

7) Any issues after service has to be notified to KDS Garden Machinery  within 14 days of the invoice date.

ERRORS, INACCURACIES AND OMISSIONS 
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

ADDITIONAL CONDITIONS GOVERNING SALE, HIRE AND SERVICING 

1) Charges and prices do not include carriage. These will be paid by the Buyer, Hirer or service customer unless stated, to be free of charge by KDS Garden Machinery at the time of accepting the order. 

2) Excepting where credit account facilities have been granted in writing, all accounts are payable on demand. Credit accounts are strictly net and are due for payment on the last day of the month following the date of the invoice. Payments not paid by the due date may be subject to interest on the overdue amount at the rate of 10% above bank of England  base rate, calculated on a daily basis. This shall be without prejudice to any other rights or remedies of KDS Garden Machinery. Any disputes about charge on invoices must be brought to the attention of KDS Garden Machinery within 21 days of the dated invoice.

3) Any failure of KDS Garden Machinery to enforce any or all of these terms and conditions shall not be constructed as a waiver of any other rights.

4) If any of the terms and conditions in this contract are held to be invalid, this will not affect the validity of the remaining terms and conditions.