1. About the terms and conditions
1.1 In these terms and conditions "we" and "us" refer to VISION Localisation Systems, and "you" refers to you the customer. In these terms and conditions some of the words beginning with a capital letter are terms with a concrete, predetermined definition. To make it easier to refer to these, these predefined terms appear in a list at the end of the terms and conditions. These terms and conditions, together with the Order Confirmation, constitute a Contract between us and you for the supply of Products. No other terms or conditions will be applied. The Contract cannot be altered unless we accept such alterations in writing or e-mail.
2. Carrying out your order
2.1 You can carry out an Order:
2.1.1 Entering the "Online Shop" found in the "Buy" section of the Keruve Web Site, calling us by telephone at 020 8638 0638 Monday to Thursday 9.00-15.00 and 16.00-18.15 and Friday 9.00-15.00 (Central European Time), or by sending an e-mail to firstname.lastname@example.org. Orders sent via other means to those indicated previously will not be accepted.
2.2 When carrying out your order, you are making a purchase offer for the Products that you have selected in agreement with these terms and conditions. At our discretion we can choose to accept this order or not.
2.3 If we accept your Order we will notify you by sending an Order Confirmation. We will send you your Order Confirmation by e-mail if you have given us your e-mail address. The Confirmation Order will be effective from when it is sent. If we are unable to accept your Order, we will try to contact you by e-mail, telephone or post.
2.4 We will make our best effort to supply the Models requested in your Order Confirmation but there may be occasions when it is not possible to supply the requested Models due to, for example, that the Models are no longer manufactured, or no longer available, or it has become impossible to obtain the relevant components. In these circumstances we will inform you of this and suggest alternative Models that you may wish to purchase. If you do not accept these suggestions we will cancel the part of your Order relating to the Models that we are unable to supply and we will return any sum of money paid to us for these Products. Notwithstanding clause 10.2, the return of this sum of money will be the limit of our responsibility in relation to you in the case that it was not possible to supply you with the requested Products.
Very occasionally the prices of the Products shown on the Keruve Web Site may contain errors and display a price that is inferior to what it should be. Should this occur, and if we have confirmed your order, we will contact you immediately in order to send a new Order Confirmation showing the correct price. In the case that the price displayed is superior to what it should be, you are in your right to cancel your order and we will return any sum that has been paid.
2.5 The information found in our advertising, flyers, other written material, our web pages or any material that has been sent to you by our agents or employees constitutes an invitation to make an agreement. Such information does not constitute an offer to supply any Product on our part.
3. Supply of your Products
We will supply you with the Products indicated in the Order Confirmation, in agreement with these Terms and Conditions.
4.1 The price of the Products will be that which is indicated on the Invoice.
4.2 V.A.T., at the applicable rate indicated on the invoice, will be charged to you. No purchases can be made by companies from EU member states using the Keruve Web Site.
4.3 Shipping costs, when applicable, are charged to you, as is stated on the Invoice.
5. Payment of your Products
5.1 You are able to pay for your Products through the methods of payment that appear in the section Buy on the Keruve Web Site.
5.2 You must make payment in the currency indicated on the Invoice.
5.3 If you pay using credit card, you must give us your credit card details at the moment of carrying out the Order. When we send your order to production, we will make the subsequent charge to your credit card. We will not begin to manufacture your Products nor will we supply your Products or carry out Services until the credit card issuer has authorised the use of their card for payment of the requested Products. If we do not receive this authorisation we will contact you. We reserve the right to check the identity of the card holder and request the relevant documentation.
5.4 If you pay by bank transfer a purchase order will be sent to you and your Products will be manufactured and shipped after we have received payment. If we fail to receive payment for the full amount during the period of 30 days after the date of the Order, the Order will be cancelled.
5.5 We will send you the purchase order, the Invoice and the Products to the invoice address specified in the Order Confirmation. However, if you have only provided an e-mail address on the Order Form then alternatively we can send you the documents via e-mail.
6. Delivery of your Products
6.1 We will deliver your Products to the delivery address that appears in your Order Confirmation.
6.2 We will attempt to manufacture your Products within a period of 14 days following the date when the Order Confirmation was issued. The estimated time periods for production of the Products given at the time of making the Order are only estimates and do not constitute the delivery times.
6.3 The ownership and risk of loss of the Products will be passed on when the Products are delivered.
7. Your Right to Return the Products
7.1 If you are not satisfied with any of the Products that you have purchased then you can return the Product to us and be reimbursed with the amount of the returned Product by contacting us within the 15 days following the delivery of the Products to you. Nevertheless, a Product which has been customised to your specifications cannot be returned nor can you claim reimbursement. A customisation is regarded as any modification requested by the client to the standard Keruve which is shown on our web site www.keruve.com.
7.2 In order to be able to return a Product that you are not satisfied with, you should call us on +44 (0)20 8638 0638 (UK)/+1 9173100973 (USA) from Monday to Thursday 9.00-15.00 and 16.00-18.15. Friday 9.00-15-00 (Central European Time). You must return the Products in their original packaging and without any damage. You must obtain and retain a signed copy of the delivery documentation given to you by the carrier when you received the goods.
When we receive your call, we will give you a RMA number (Return Material Authorization Number).
All returns must have an assigned RMA code.
VISION Localisation Systems reserves the right to reject all merchandise received without a correct RMA code or merchandise received more than 14 days after the allocation of the RMA code.
7.3 The Products must be returned to VISION Localisation Systems without damage and with you assuming all risks. The Products must also be returned:
VISION Localisation Systems will reimburse the Price less all costs incurred by the return (such as the corresponding charges for cash on delivery, freight and bank transfer costs) and damage to the Product during the period of less than 20 days following the Product being received; in the same way any reasonable amount will be deducted from the reimbursement of the Price due to damage to the Product or loss of its parts caused by your acts or omissions.
VISION Localisation Systems will determine the correct state of the product, reserving the right to send the product back to you if it is found not to be in perfect condition. Returns of the keruve require the prior approval of VISION Localisation Systems.
Reseller customers can only proceed to the return of the Product if it is their first purchase of an item for which the conditions outlined in the previous points apply. For further orders, it will only be possible to exchange the item for a new product when there is a defect in delivered merchandise and by communicating this in writing to VISION Localisation Systems in the period of 7 days after delivery, otherwise it will be assumed that the Product has been accepted.
Reseller customers expressly waive their right to withdrawal.
8. Telephone Assistance
8.1 Except in the case where the opposite is indicated, when making an order on the Keruve Web Site, VISION Localisation Systems offers a free telephone assistance service for Hardware components, as are described below, and software manufactured by us and acquired on the Keruve Web Site. The service is free for 90 days from the date of purchase (which appears on the invoice).
8.2 The telephone assistance service consists of evaluation and orientation via telephone regarding matters related solely to problems using Keruve.
8.3 The telephone assistance service is available on +44 (0)20 8638 0638 (UK)/+1 9173100973 (USA) Monday to Thursday 9.00-15.00 and 16.00-18.15. Friday 9.00-15.00 (Central European Time). The cost of your telephone calls will be charged to you and depend on the national rates in place.
8.4 When providing assistance via telephone, we will try to resolve your query the first time that you call. We cannot guarantee that all queries will be resolved. Occasionally we may need to ring you at a later time in order to give you a solution.
9. Warranty limited to 2 years
9.1 All new VISION Localisation Systems Hardware products carry a contractual warranty which is limited to two years against material and manufacturing defects. The terms and conditions of the warranty that form part of and are incorporated into this Contract through references, are available so that you can see them by clicking on the link towards the bottom of this document. The terms and conditions of the warranty are also contained within the Keruve Locator box. You can see a copy of the warranty of the Keruve Locator, including its limitations and exceptions, before you purchase at www.keruve.com/warranty_en.pdf. This limited contractual warranty covers only Keruve Hardware products.
Whenever you call us in relation to your warranty rights you should do so to +44 (0)20 8638 0638 (UK)/+1 9173100973 (USA) Monday to Thursday 9.00-15.00 and 16.00-18.15, Friday 9.00-15.00 (Central European Time), and give the complete name of the person who registered the warranty of the product. The cost of your telephone calls to us will be charged to you, and will depend on the national rates in place.
9.2 IF YOU ARE A CONSUMER, THIS WARRANTY IS ADDITIONAL AND DOES NOT AFFECT YOUR LEGAL RIGHTS. YOUR LEGAL RIGHTS WILL NOT BE AFFECTED BY THE WARRANTY.
10. Our Responsibility
10.1 If you are a Consumer, nothing that appears in the Contract will limit or exclude our responsibility for the breach of any mandatory provision. If you are a reseller then the following applies:
10.1.1 these terms and conditions detail our obligations and responsibilities in all their extent with respect to supplying the Products (and the fulfilment of the telephone assistance services and warranty);
10.1.2 there are no guarantees, conditions or other terms connected except those displayed expressly in the Contract;
And 10.1.3 any guarantees, conditions or other related terms to the Products or Services that could be implied or incorporated in the Contract by dispositive law, common law, or other form (including, without limitation, any implied terms of quality or suitability for a specific purpose, reasonable care and skill) are expressly excluded from these terms and conditions. VISION Localisation Systems points out that it will not be responsible for guaranteeing that the Products are adequate for your purpose.
10.2 Nothing stated in the Contract will limit or exclude our responsibility for death or personal damage caused by our negligence or by fraud.
10.3 In accordance with clause 10.2, we will not be responsible, according to the Contract, for loss of income or profit, loss of contracts, loss of data or any type of indirect or consequential loss, or damages of any kind, whatever the way in which they are caused as well as if they are caused by tort (including negligence), breach of contract or other means.
10.4 In accordance with clause 10.2, our total maximum responsibility, according to the Contract, whether contractual, non-contractual (including negligence) or another responsibility, will never exceed the amount that you paid us for the Product/s and/or Services in question.
11. Contact with VISION Localisation Systems
You can contact us:
When contacting us in relation to an Order that you have made, you should provide the name of the person who made the order.
12. Export Control
You promise to abide by all Export Laws. You accept (i) not to export any Product to a country in contravention of any Export Law, and (ii) not to export any Product to a country for which an export licence or other governmental approval is required, without first obtaining all of the necessary licences or approvals. You warrant that you are not located in, nor under the control, resident or citizen of any country to which the export of the Products is prohibited by any Export Law.
13. Data Protection
14. Force Majeure
We will do everything possible to fulfil our Contractual obligations. Nevertheless, we will not be held responsible for delays or breaches if the delay or breach are due to force majeure. In the case of delay, we will fulfil our obligations as soon as is reasonably possible.
15. Law and Jurisdiction
We will try to resolve any disagreement quickly and efficiently. If you do not agree with the way in which we deal with any disagreement and would like to interpose court proceedings, you must do so in Seville, under Spanish law.
16.1 The requirement not to comply with any term in this Contract, either on your part or ours, does not constitute a waiver of this term. This will not affect in any way any party's right to subsequently fulfil said term.
16.2 The invalidity or unenforceability of any clause of the Contract will not adversely affect the validity or the fulfilment of the remaining clauses.
17. Definition of Terms
17.1 In these terms and conditions:"Accessory" refers to any auxiliary product such as a charger or opening key;
"Order Confirmation" refers to the confirmation of the order that we issue which indicates our acceptance of your Order.
"Consumer" refers to a customer who buys Products not intended for commercial purposes;
"Contract" refers to these terms and conditions, together with your Order Confirmation;
"Equipment" refers to any different Product of the Keruve brand, Services or Accesory;
"Export Laws" refers to all the laws, provisions and decrees of the United States of America, the European Union and Spain, for the export, re-export, transfer or resale of Products;
"Invoice" refers to the invoice that we issue you with for the price of the Products;
"Keruve Web Site" refers to our web site created expressly for customers whose address is http://www.keruve.co.uk/http://www.keruve.com;
"Order" refers to an order placed by you in accordance with these terms and conditions;
"Order Form" refers to the digital order form on the Keruve Shop Web Site;
"Product" refers to any of the products listed on the Keruve Web Site that we agree to supply you with, in accordance with these terms and conditions;
"Reseller" refers to a customer who buys Products intended for commercial purposes;
"Working Day" refers to any day which is not a Saturday, Sunday or bank holiday in Spain;
17.2 VISION Localisation Systems is a company incorporated in Spain and has its registered office at C/Alcazaba 15, Alquería de Almanzor, 41807, Espartinas, Seville, registered in the R.M. of Seville, page 191 volume 4062 Sheet SE 60,210 1st Entry.