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Terms and Conditions of Sale – K2 Global Limited, also trading as Airlinebags, K2-Direct, A T Overall

These conditions shall govern the Order to the exclusion of any other terms and conditions which the customer may try to impose. No other agreements or understandings other than the Conditions in this Order shall apply. No variation of these Conditions is binding in any way unless agreed in writing by a director of K2 Global Limited.

CHARGES AND ORDERS

All orders are accepted by K2 Global Limited through their UK offices and are evidenced by delivery of the goods. No persons other than the directors of K2 Global Limited have authority to enter into any Contract for the provision of any goods or services whatsoever.

Within the boundaries of the Mainland UK only Orders in excess of 300 pounds sterling (net and excluding VAT) will be processed without carriage charges, orders falling under this amount will be subject to an additional carriage charge of 8%. For all deliveries outside of the Mainland UK delivery area please contact K2 Global Limited to obtain the relevant corrected charges.

Acceptance of orders by K2 Global Limited is subject to the Goods being in stock at the time of order.

All information in brochures, catalogues or similar documents only has indicative information and non-binding value

TITLE OF GOODS

Ownership of and title to all Goods supplied or made available to the Customer is transferred to the Customer only when full payment is received for the Goods, and for all other amounts due to K2 Global Limited from the Customer under any other contract.

The Customer may sell or use the Goods in the ordinary course of the Customer’s business for the account of K2 Global Limited. Any such sale or dealing shall be a sale or use of K2 Global Limited’s property by the Customer on the Customer’s own behalf and the Customer shall deal as agent when making such sales or dealings.

Until property in the Goods passes from K2 Global Limited to the Customer the entire proceeds of sale or otherwise of the Goods shall be held in trust for K2 Global Limited and shall not be mixed with other money or paid into any overdrawn bank account and shall at all material times be identified as K2 Global Limited’s money.

The Customer shall hold the Goods on a fiduciary basis solely as bailee for K2 Global Limited and the Goods shall remain the property of K2 Global Limited until such time as the Customer shall have paid to K2 Global Limited the full Contract price of the Goods supplied by K2 Global Limited and all other debts due for payment to K2 Global Limited under any other contract between the parties.

If payment is overdue under the Contract or any other contract between K2 Global Limited and the Customer (in any case in whole or in part) K2 Global Limited may recover or re-sell the Goods or any part of them and may enter upon the Customer’s premises for these purposes. Such payments shall become immediately due upon K2 Global Limited being aware of any act or proceeding in which (in K2 Global Limited’s opinion) the Customer’s solvency is involved or K2 Global Limited has reason to believe at its sole discretion that the solvency of the Customer may be in any way uncertain.

ACT OF GOD/FORCE MAJEURE 

If completion of the Contract by K2 Global Limited has been or is prevented or hindered by circumstances beyond the reasonable control of K2 Global Limited, including any Act of God, War, Civil Disobedience, or any form of Government intervention, fire, machinery breakdown, strikes and lockouts relevant to the Order or delays by sub-contractors such Order shall be suspended. The Customer cannot disband the Contract. K2 Global Limited can re-start the Contract when the circumstances allow it and in any case deliver such of the Goods as it is able to do so.

DELIVERY The time given for completion of Order (if any) is an estimate. K2 Global Limited shall have no liability for any delay in performance of the Order. In the event of such delay, the Customer is not entitled to cancel the Order.

COMPLAINTS AND RETURNS 

The risk of loss, damage or destruction of the Goods will rest with the Customer upon the carrier taking possession of the Goods from K2 Global Limited. The Customer authorises K2 Global Limited to instruct the carrier with transportation assignments on behalf of the Customer and at the Customer’s expense and risk (even if delivery is free). K2 Global Limited accepts no liability for merchandise lost or damaged in transit thereafter.

All claims in respect of damaged or missing Goods in carriage must be notified to K2 Global Limited, in writing, within 48 hours of receipt of the damaged Goods. The Customer must give notice of the nature and the scale of the damage and/or missing Goods on the delivery note. This notice must be signed by the Customer Returns of merchandise will only be accepted after written approval of the K2 Global Limited office. Returns not conforming to this condition will be refused and all expenses will be borne by the Customer. 

K2 Global Limited cannot take back Goods which have been delivered in accordance with the Order unless defective or wrongly delivered. K2 Global Limited will collect the Goods within 10 days for further verification. The Goods are to be ready for collection in their original package, provided with their original labels and other marks. The Customer shall receive from K2 Global Limited, a credit note in respect of, any or all Goods that are deemed by K2 Global Limited to be defective, or wrongly delivered.

Under no circumstances shall K2 Global Limited accept liability for any defects in Goods which were supplied by K2 Global Limited more than 60 days prior to the claim being notified to K2 Global Limited.

K2 Global Limited shall under no circumstances be liable under the Contract for any amounts exceeding the amount paid by the Customer for the Order, VAT excluded.

K2 Global Limited shall not be liable to the Customer under the Contract for any consequential loss or damage (whether for loss of profit or otherwise) of the Customer however it arises.

TERMS OF SETTLEMENT

All invoices are to be paid according to the payment terms specified on the invoice – normally 30 days from the invoice date,  unless otherwise stated on the invoice, payment must be made in Pounds Sterling, to the K2 Global Limited bank account in London. Interest will be charged on all overdue payments subject to a 12% annual interest charge with a minimum of 15 pounds sterling.

The Customer may not withhold or reduce any amount payable to K2 Global Limited under these Conditions by reason of claims or alleged claims against K2 Global Limited. The Customer can offset the amount of credit notes issued against unpaid invoices. Without such a credit note any deduction is prohibited. All the Customer’s rights of set-off exercisable in common law are expressly excluded.

SUSPENSION AND RESCISSION

K2 Global Limited shall be entitled to suspend or terminate the Order if payments (under the Contract or any other contract) are not made to K2 Global Limited when due, or, if K2 Global Limited has reason to believe that the credit worthiness of the Customer may be in doubt, or, if the Customer either goes into liquidation or a receiver manager or administrator or administrative receiver is appointed or is bankrupt or has a receiving order made.

In such an event K2 Global Limited shall bill the Customer for Goods supplied and any direct loss and/or damage caused to K2 Global Limited and all sums under the Contract and any other contract with the Customer shall be payable immediately (whether due for payment or not). If suspended, K2 Global Limited can re-start the Contract when it wishes to do so.

JURISDICTION

 In the event of dispute, the laws of Engalnd shall prevail.

WAIVER The failure of K2 Global Limited to enforce a right under the Conditions on any or more occasions shall not prevent K2 Global Limited from enforcing the same right on another occasion or a different right on any occasion.

WEBSITE TERMS OF USE

All the information on this website is for guidance only with all products weights and sizes quoted being approximate and are regularly updated. Products, prices, availability and specifications are subject to change with out notice.

DEFINITIONS In these terms and conditions the following terms mean: “Conditions” -these terms and conditions.

“Contract” - the agreement for the Order on these Conditions.

“Customer” - the person, firm, company or body placing the Order.

“Goods” - such goods as contained in the Order.

“Order” - the Order by the Customer on K2 Global Limited.

“K2 Global Limited” - K2 Global Limited  together with its officers, servants or sub-contractors.

“Writing” - letter, facsimile, email and comparable means of communication.

 

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