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This document sets out the terms of sale (“terms”) on which we, The Kirby Company, located at 1920 West 114th Street, Cleveland, Ohio, 44102, U.S.A., sell Kirby products to you.
Please read through these terms before placing your order. We may change the terms from time to time, so even if you are a regular customer, we will ask you to do so. These terms do not in any way affect your statutory rights.
Kirby products are not suitable for use by children, and therefore, we will not knowingly enter into a contract with or dispatch Kirby products to anyone under 18 years of age.
Please note that orders are only delivered to addresses in the United States.
When you place an online order with us offering to purchase product, we will send you an email confirming receipt of your order and containing the details of your order. This email constitutes our formal acceptance of your order. We will send a further email to you when your order has been shipped.
As we process your order, we will inform you by e-mail as soon as possible if any products you order turn out to be unavailable, and you will not be charged for those products.
You may cancel your order at any time before we ship the product you have ordered, and there is no cost to you of doing so. If we have already shipped product, then you must cancel your order in accordance with the cancellation terms set out below.
Please note that unless otherwise stated on the website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such. However, we will deliver products without undue delay and in any event not more than 30 calendar days after the date we accept your order.
How to Pay
We accept payment by the following payment methods: Visa or MasterCard. Payment must be received for the products you have ordered plus any applicable delivery charges before we will ship product to you. You will be notified of delivery charges at the time you order the product.
By submitting an order to us through our site, you are confirming that the payment details provided on your order are valid and correct. We will charge your chosen payment method only after we have accepted your order.
When we have shipped your product, we will issue an electronic invoice to you.
Title and Risk
Title to and risk of loss in the product will pass to you on delivery.
Right of Cancellation – Online Sales
You can cancel your order without giving any reason within 30 days from the day on which you receive the products purchased.
We include with our packing instructions information on how to exercise your return rights, including how to make returns free of charge. You typically are responsible for all shipment costs relating to returns, unless there is an error attributable to us, such as shipping the incorrect product to you.
We will reimburse all payments received from you for the products purchased, less shipment costs as explained above, no later than 14 days from the day on which we receive the products back or you have supplied evidence of having sent back the products by recorded delivery through the post or a recognized courier, whichever is the earliest. If reimbursement occurs after the maximum time period mentioned above, the amount due to you will as of right be increased.
You may be liable if the value of the products returned diminishes due to the handling of the products (except when it was necessary to establish the nature, characteristics, and functioning of the products).
Customer Service – Product Commitment
If you should find any problem with your order, our team will be happy to resolve this for you. Please contact us at [email protected], and one of our customer services team members will take you through the returns process.
Please do not attempt to fix any problems yourself without speaking to our team first. Unfortunately, we are unable to accept products back if any changes have been made to the product.
If your products are damaged or faulty, we offer free exchange for a replacement or alternative product of equal value or free collection and full refund to your original payment method. Please note that in the case of clearance items, a replacement may not always be available.
Despite our best efforts, it is possible that items on our website or in a Kirby brochure or Kirby home catalogue may be mispriced. We will verify pricing when processing your order and before we take payment. If we have made a mistake and a product’s correct price is higher than the price on the website, Kirby brochure, or Kirby home catalogue, we will contact you to request whether you want to buy the product at the correct price or cancel your order, and you agree that any contract you have made with us may be varied in this way. We will not ship the product until we have received this confirmation from you. If a product’s correct price is lower than our stated price, we will charge the lower amount and send you the product.
All information about the products on our website or in a Kirby brochure or Kirby home catalogue is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website or in a Kirby brochure or Kirby home catalogue. Please always read labels, warnings, and directions provided with the product before use.
Kirby will not be responsible for (i) losses that were not caused by any breach on our part or (ii) because we are selling only on a consumer basis, any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. It may be that we will have to cancel your order if such circumstances arise.
Applicable Law and Disputes
If you have any issues with us relating to your order and contract with us, please first contact us at [email protected]. We will hope to work through the issue with you if we can.
If we do not resolve the issue, we both agree to submit the dispute to the United States District Court for the Northern District of Ohio, Eastern Division, and/or the Court of Common Pleas, Cuyahoga County, Ohio.
These terms are governed by and construed in accordance with the laws of the State of Ohio.
Invalidity and Waiver
If any provision of these terms is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition. If we waive any provision of these terms (for example, by extending the date for returns due to particular circumstances), this does not mean that we have waived our rights generally or specifically to enforce these terms in other circumstances.