Terms And Conditions
1. Conditions Applicable
1.1 Office King. is registered in England and Wales No. 06767561, the registered office is Unit C, Buckshaw Link, Ordnance Road, Buckshaw Village, Chorley PR7 7EL and the VAT No. is 152 3246 37.
1.1.1 Office King Franchisees are bound by these terms and conditions and are also bound by any additional; supplementary or special conditions outlined in their Franchise Agreements.
1.1.2 Office King Franchisees are also bound by any terms imposed via our operations manual and any update incorporated into our business transactions from time to time.
1.2 These Conditions shall apply to all contracts for the sale of goods (which expression shall where the context so permits include the supply of services) by Office King (The Company) to a buyer who is acting in the course of a business (including in the course of any business) to the exclusion of all other terms and conditions. al
1.3 The Company reserves the right to add to, alter, amend or withdraw at any time without notice any of these Terms and Conditions or the Company’s Service Guarantee referred to in clause 4
1.4 Orders for goods will only be accepted from Buyers acting in the course of a business and the Company will not accept orders from office supply businesses or other wholesale or retail businesses.
1.5 Where the Company knows or is made aware or suspects that the Buyer is a dealer in or is a supplier of office supplies or is otherwise engaged in the office supplies business, then the Company will not sell goods to that Buyer and can withdraw from any transaction entered into between the Company and the Buyer and reserves the right to refuse to sell to that Buyer in its sole discretion.
1.6 All orders for goods until accepted or rejected at its discretion by the Company shall be deemed to be an offer by the Buyer to purchase goods pursuant to these Conditions and all goods are offered subject to availability. The Company reserves the right at any time to impose a minimum order quantity on any orders for goods prior to the order being accepted by the Company.
1.7 Whilst the Company has attempted to ensure that the information within its catalogues, web site and other publications is correct at the time of publication they do not form part of any contract for the sale of goods. For technical reasons colour illustrations should be viewed as a guide only.
1.8 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.
1.9 In these Terms and Conditions ‘Working Day’ means Monday to Friday in each week except any Bank or Public Holiday in either the Company’s place of business or the country of delivery within the UK or such other days when the Company’s sales office is closed as notified to the Buyer from time to time.
2. Orders, Specifications and Returns
2.1 The Company reserves the right to make any changes in the specification of the goods which are required to conform with any applicable safety or other statutory requirements, or where the goods are to be supplied to the Company’s specification which do not materially affect their quality or performance. Whilst the Company will endeavour to supply the product ordered, the Company reserves the right to supply stationery products and Printer Cartridges of a comparable specification without notice and to vary to a reasonable extent the quantities delivered from those ordered to conform with the Company’s or its suppliers standard packaging.
2.2 The goods sold by the Company are at its discretion categorised as:-
•Stock stationery products being stationery products ordinarily held in stock for the Company for direct delivery via one of our regional distribution centres in the UK and Ireland.
•Stock Furniture Products being furniture products ordinarily held in stock for the Company for direct delivery via one of our regional distribution centres in the UK and Ireland.
•Non Stock stationery products - being stationery products not ordinarily held in stock for the Company at one of our regional distribution centres in the UK and Ireland.
•Stock Printer Cartridges and Printer Consumables – these being any ink or toner (or variation thereof) that is used in devices to print on paper. Some of these are manufactured by Office King in the UK, by third parties on behalf of Office King and by any OEM manufacturer. These goods are normally held in stock by Office King or are held in stock for the Company at one of our regional distribution centres in the UK or Europe.
•Non Stock Printer Cartridges and Printer Consumables – these being any ink or toner (or variation thereof) that is used in devices to print on paper. Some of these are manufactured by Office King in the UK, by third parties on behalf of Office King and by any OEM manufacturer. These goods are not normally held in stock by Office King but are held in stock for the Company at one of our regional distribution centres in the UK or Europe.
•Warranties – all producta are warranted by the manufacturer for 12 months unless stated otherwise. If a product develops a fault within the warranty period you should contact the manufacturer who will arrange for repair or replacement of the product. Manufacturer contact details can be supplied on request.
2.3 Any non-returnable goods sold by the Company will only be accepted as a return either at the Company’s absolute discretion or where the goods are found to be defective at the date of delivery.
2.4 Orders for stock stationery products and stock Printer Cartridges and Printer Consumables may be cancelled at any time prior to the despatch of the goods. Orders for other stationery products and Printer Cartridges and Printer Consumables may only be cancelled with the written agreement of the Company.
2.5 The Company shall credit the Buyer for Stock stationery products which are returned within 30 days of delivery provided always that the goods remain unopened and are returned in their original packaging and in the condition in which they were originally delivered otherwise the Company shall have the sole discretion not to accept the return of goods. Stock Furniture Products may only be returned with the written agreement of the Company and only if within 30 days of delivery. Non-Stock stationery products (or Specials) cannot be returned for credit. This does not affect your statutory rights. For Health & Safety reasons, no consumable food stationery products may be accepted for return.
3. Price and Payment
3.1 The Company’s policy is to offer competitive prices wherever possible. The prices quoted in the Company’s sales literature are so far as possible the Company’s correct selling price. Due however to the ever changing nature of the office supplies market unless otherwise agreed in writing, the Company reserves the right at any time to revise the price of goods without notice to the Buyer. The price of the goods shall be the price stipulated in the Company’s price list current at the date of despatch of the goods. The Company will however wherever it is practical to do so endeavour to notify price changes prior to their implementation.
3.2 Prices quoted are, except where otherwise stated in writing, exclusive of VAT at the rate prevailing on the date of despatch of the goods.
3.3 The Buyer shall pay the price of the goods within 28 days of the date of the Company’s invoice notwithstanding that the property in the goods has not passed to the Buyer. The time of payment shall be of the essence of the contract.
3.4 The Company reserves the right to grant, refuse, withdraw, restrict, alter, suspend or cancel credit terms at their sole discretion. The Company, without limitation, reserves the right to refuse or cancel orders for goods where the buyer is or is liable to become in breach of its agreed credit terms.
3.5 Where the Buyer’s account has been suspended or cancelled or if the Buyer’s credit limit is reached or exceeded the Company shall be under no obligation to accept any further Orders for goods and the Company shall not be held to be in breach of its Service Guarantee as provided in clause 4
3.6 If the Buyer fails to make payment on the due date then without prejudice to any other right or remedy available to the Company, the Company shall be entitled to charge the Buyer:-
•Interest (both before and after any judgement) on the amount unpaid at the rate of ten per cent per annum until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
•An administration fee of £30.00.
4.1 Except for Buyers who have an account with Office King.
4.1.1 Save for the provisions of clause 6.8 and subject always to these Terms and Conditions the Company under its Service Guarantee guarantees to deliver:-
18.104.22.168 anywhere in mainland Britain up not later than 6.00pm on the next working day after the order is received or;
22.214.171.124 for N.Ireland and any off shore delivery not later than 6.00pm up to three days after the day the order is received;
126.96.36.199 with the exception of goods to be delivered on a pallet, all accepted orders received by 4.00pm for stock stationery and stock Printer Cartridges and Printer Consumables where the goods ordered are held in stock and unsold by the Company at the time the order is placed with the Company.
4.2 The Company’s guarantee of delivery is subject to the Buyer providing sufficient accurate information and appropriate facilities to enable the Company to effect delivery of the goods. The Company’s Service Guarantee shall not be applicable where:-
4.2.1 the Company is unable to deliver the goods because the Buyer has not provided the Company with sufficient delivery information or
4.2.2 if the Buyer is not available to take delivery of the goods
4.3 For Buyers who are Franchisees of Office King.
4.3.1 Any dates quoted for delivery of the goods or supply of services are approximate only, the Company shall not be liable for any delay with regard thereto howsoever caused. Time for delivery or supply shall not be of the essence unless previously agreed in writing by the Company.
4.3.2 The Company reserves the right to make a separate charge for deliveries where the Buyer specifically requests and the Company agrees to making a delivery by an agreed time
4.3.3 If the Company fails to deliver the goods for any reason other than any cause beyond the Company’s control or the Buyer’s fault and the Company is accordingly liable to the Buyer, the Company’s liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the goods.
4.4 For the purposes of this clause an order is received when it is in the possession of the Company. In the case of internet orders this will be receipt in the time zone in which the Company operates.
4.5 Following the delivery of goods unless the Buyer notifies the Company within 24 hours of any discrepancies in the goods received all the goods ordered as stated on the delivery note shall be deemed to have been delivered.
5. Risk and Property
5.1 Risk of damage to or loss of the goods shall pass to the Buyer at the time of delivery.
5.2 Notwithstanding delivery and the passing of risk in the goods or any other provision of these Conditions, title to the goods or any part thereof shall not pass to the Buyer until:-
5.2.1 The Company has received payment of all monies owed due and payable by it to the Company for the goods and all other goods agreed to be sold by the Company to the Buyer for which payment is then due; or
5.2.2 The Company serves notice in writing on the Buyer specifying that title in the goods or any specified part thereof has passed to the Buyer. Until title to the goods has passed, the Buyer shall possess the goods or any part thereof as a bailee of the Company and shall store the goods or any part thereof in the same state and condition in which they have been delivered separately from other goods so as to ensure that they are clearly identifiable as the property of the Company.
5.3 The Company shall be entitled to recover the goods in respect of which title has not passed to the Buyer at any time and the Buyer hereby licences the Company, its officers, employees and agents to enter upon any premises of the Buyer for the purpose either of satisfying itself that clause 5.2 hereof is being complied with by the Buyer or recovering any goods in respect of which title has not passed to the Buyer.
5.4 Until such time as the title to the goods passes to the Buyer, the Buyer shall be entitled to use the goods in the ordinary course of business.
6. Warranties and Liability
6.1 The Company will replace stationery products found to be defective on delivery without charge. Goods incorrectly supplied or invoiced as a result of error on the part of the Company will be collected or credited without charge. Any stationery item in its original, undamaged packaging, except special order stationery products, may be returned within 7 days of delivery. These are the sole remedies in such cases.
6.2 Subject to the conditions set out below the Company warrants that all non-consumable goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for a period of 12 months, unless otherwise stated.
6.3 The above warranty is given by the Company subject to the condition that the Company shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the manufacturers’ or the Company’s instructions (whether oral or in writing), misuse or alteration or repair without the Company’s approval.
6.4 Subject as expressly provided in these Conditions, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law, subject to clause 6.6 below. The Buyer when ordering via the Company’s web site must ensure it has in place virus protection as the Company accepts no liability for viruses transmitted or passed to the Buyer through use of the Company’s web site whether for ordering purposes or otherwise.
6.5 Where any valid claim in respect of any goods which is based on any defect in the quality or condition of the goods or their failure to meet specification is notified to the Company in accordance with these Conditions, the Company shall be entitled to repair or replace the goods (or the part in question) free of charge or, at the Company’s sole discretion, refund to the Buyer the price of the goods (or proportionate part of the price), but the Company shall have no further liability to the Buyer.
6.6 Except in respect of death or personal injury caused by the Company’s negligence, the Company shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with the supply of the goods or services or their use or resale by the Buyer.
6.7 The Buyer agrees that it is best able to estimate the extent and nature of the insurance cover suitable for its business and property from time to time and that it is reasonable for the Company to sell the goods and fix the purchase price on the basis of the exclusions and limitations of liability which price would be higher were such provisions altered in these conditions and the Buyer agrees that it will be responsible for effecting insurance cover as mentioned above including (but not limited to) any required insurance cover in respect of any loss or damage of whatsoever kind or howsoever caused either by reason of the negligence of the Company or otherwise to premises, plant or to other property and the Company shall have no legal liability in respect of any such loss or damage.
6.8 In respect of Office King Brand Printer Cartridges or Printer Consumables Office King warrant and guarantee the performance of these products for up to 2 years depending on the product. In respect to any damage proven to be caused to any device that a Office King Printer Cartridge or Printer Consumable is installed, Office King will repair or replace the device at our own cost. For the avoidance of doubt a Office King appointed engineer will be required to be called out to inspect the device before any claim can be made or paid. Relying on the word of a “printer engineer” called out to fix a problem is not sufficient grounds for any claim to be made.
6.8.1 Any misuse of incorrect storage or installation of a Office King Brand Printer Cartridge or Printer Consumable will also void the remedy outlined in clause 6.8
6.8.2 In the exceptional circumstances where a Office King Brand Printer Cartridge or Printer Consumable has contributed to a fault or damage to a device Office King shall be limited in replacing the device on a like for like basis at our sole discretion, or repairing the device if economically viable so to do.
6.9 The Company shall not be liable to the Buyer or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the goods, if the delay or failure was due to any cause beyond the Company’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Company’s reasonable control:-
•Act of God, adverse weather conditions, explosion, flood, tempest, fire or accident.
•War or threat of war, sabotage, insurrection, civil disturbance or requisition.
•Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority.
•Import or export regulations or embargoes.
•Strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Company or of a third party).
•Difficulties in obtaining raw materials, labour, fuel, parts or machinery.
•Power failure or breakdown in any vehicle or machinery or any computer malfunction.
•The imposition of Stopping, Waiting, Parking or similar restrictions which delay or prevent the Company from reasonably affecting delivery of the goods.
7.1 The contract shall be governed by the laws of England and the parties submit to the exclusive jurisdiction for the English courts in relation to any dispute hereunder.
7.2 Nothing in this agreement shall confer, nor do the parties intend it to confer, any enforceable right on any third party and the Contracts (Rights of Third Parties) 1999 shall not apply.
7.3 Any credit note issued must be used within 6 months of date of issue. Office King withhold the right to cancel outstanding credits unused after 6 months.
7.4 From time to time on www.officeking.com (the “Website”) we run promotions.
7.5 Only one promotion can be used per order. A promotion may not be used in combination with other promotions or used to collect royalty points except where specified.
7.6 Promotional items that you purchase (either free of charge or at a proportional rate) do not qualify nor count towards your basket value in order to redeem further free promotional items. We reserve the right to cancel any order(s) which we deem to have attempted to purchase promotional items in order to increase basket size to qualify for further promotions. From time to time certain products may be excluded from current promotions and any such exclusion will be notified to you through a notice on the Website.
7.7 Excluded products will not count towards any qualifying conditions for offers and will not benefit from any promotional discount.
7.8 All promotions are subject to availability and while stocks last. We reserve the right to end a promotion at any time.
7.9 We shall not be liable for any financial loss arising out of the refusal, cancellation or withdrawal of any promotion or any failure or inability of a customer to take advantage of a promotion for any reason.
7.10 Please note that we have the ability to retain any data that you provide on this website using VeCapture by Ve Interactive, even if you do not complete your registration/transaction by clicking submit/next. Such contact details and data may be used to contact you to enquire why you did not complete your registration/transaction and improve our online operations.
8. FREE & PROMOTIONAL GIFTS
8.1 From time to time we may offer free gift promotions on the Website.
8.2 Delivery or postal charges may be payable by you in respect of free gifts and this will be made clear to you on the Website where the free gift is advertised.
8.3 Where a free gift is offered subject to a minimum spend requirement, VAT and supplementary charges (such as delivery, gift wrap or postage & packing) may still be payable and shall not count towards a minimum spending requirement.
8.4 The monthly FreeBee campaign is based on meeting set spend levels during a standard calendar month. All totals will be reverted back to zero at the start of each month. When registered for the FreeBee campaign, Royalty Points on Office King Brand Cartridges will not be valid towards a Royalty Points account. Only one redemption may be made by a company during a one month period.
8.5 If you qualify for a free gift by satisfying a minimum spend threshold and you decide to return some of the goods purchased which reduce your order value below the minimum spend threshold, you will need to return (at your cost) the free gift to receive a credit or refund. Similarly, where a free gift is offered subject to the purchase of a specified item, if you decide to return the specified item, you will need to return (at your cost) the free gift to receive a credit or refund.
8.6 Where possible free gifts earned will be dispatched with your order. If that is not possible we aim to deliver your free gift within 28 days of you placing your order.
9.1 From time to time we may send you by email or distribute online coupons. These are codes which you may input on our website to qualify for certain promotions. Web coupons are subject to these Terms and Conditions and any terms and conditions notified to you at the time of issuance of the web-coupon.
9.2 A web-coupon is redeemed by entering its code at the appropriate point in the purchase process on the Website.
9.3 We reserve the right to withdraw or cancel a web-coupon for any reason at any time.
9.4 Web-coupons cannot be exchanged for cash [ or be used to purchase gift vouchers].
9.5 Unless expressly stated at the time of issue, each web-coupon will be valid for use by the recipient of the web-coupon and by such recipient only once and may not be used in conjunction with any other promotion.
9.6 In accordance with guidelines from HM Revenue and Customs, a web-coupon is treated as cash, therefore VAT is due on the full value of an order and you will be required to pay VAT on the full value of the order, unless otherwise stated in any terms accompanying the web coupon.
9.7 Web-coupons may only be used at the Website.
9.8 From time to time certain products may be excluded from web-coupon offers and any such exclusion will be notified to you along with the web-coupon or through the Website.
9.9 Web-coupons may be limited to redemption in respect of certain products or certain products may be excluded from the ambit of use of the web-coupon, in which case notice will be given to you at the time of issue of the web-coupon.
9.10 Excluded goods and services will not count towards any qualifying conditions for offers and will not benefit from any promotional discount.
9.11 No web-coupon may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient, without our prior written permission.
9.12 Web-coupons distributed or circulated without the written approval of Office King, for example on an Internet message board or on a "bargains" website, are not valid for use and may be refused or cancelled.
9.13 When you use an web-coupon you warrant to us that you are the duly authorised recipient of the web-coupon and that you are using it in good faith.
9.14 If you redeem, attempt to redeem or encourage the redemption of web-coupons to obtain discounts to which you or a third party are not entitled you may be committing a civil or criminal offence.
9.15 If we reasonably believe that any web-coupon is being used unlawfully or illegally we may reject or cancel any web-coupon and you agree that you will have no claim against us in respect of any rejection or cancellation. We reserve the right to take any further action it deems appropriate in such instances.
9.16 If we refuse a web-coupon submitted as part of an order, for any reason, we will inform you before the order is dispatched to advise of the correct cost of the order and give you the opportunity to cancel the order.
10.1 We mark products which qualify for discounts with a Your Price indicator on the product page.
10.2 Where an online offer states that a percentage discount will be given on a purchase, the cost of the qualifying purchases will be reduced by the stated discount percentage.
10.3 Supplementary charges such as delivery or postage & packing shall not be discounted unless specifically stated in the promotion description.
10.4 Refunds for goods purchased under a promotional offer will be based on the terms of the promotional price. Your statutory rights are not affected.
11.1 From time to time we run free to enter prize competitions on the Website.
11.2 Competitions are open to residents of the United Kingdom who access the Website from the United Kingdom. All participants must be aged 18 or over (“Participants”). In consideration of us making the Competitions available to you, you agree to be bound by these Promotions Terms and Conditions.
11.3 Employees of Office King, its subsidiaries or affiliated entities and their immediate family members are not eligible to enter prize competitions.
11.4 All competitions will state the opening date and time and the closing date and time and the competition will only be open for that term.
11.5 All competitions on our Website are free to enter and, unless stated, there is no limit as to how many times a Participant may enter a single competition.
11.7 The winner will first need to qualify for the competition by passing the skill, judgement or knowledge test in accordance with the rules of the specific competition, the winner will then be chosen at random from those Participants who have successfully passed the skill, judgement or knowledge test (the “Winner”). Our decision is final and no correspondence will be entered into.
11.8 A Winner will receive the prize detailed on the competition entry page (the “Prize”). The Prize is non transferable. There is no cash or other alternative. We reserve the right to substitute a Prize of like value in the event that the awarded Prize is unavailable for any reason whatsoever.
11.9 Winners of the competition will be notified by e-mail as soon as reasonably practicable after the competition has ended. Prizes will either be emailed to the Participant’s registered email address where the prize is a non-physical digital item (such as a web coupon), sent to the Participant’s registered address or where the prize consists of royalty points, credited to the Participant’s royalty points account.
11.10 [Winners of the competitions may be displayed on the web site in the format title surname area e.g. Mr Smith from Manchester. You hereby consent to this use.]
11.11 Competitions may be subject to additional rules. If so, these additional rules will be listed on the relevant competition entry page and form part of this agreement.
11.12 By registration on entry to the competition, Participants indicate that they have accepted the these Terms and Conditions.
11.13 We accept no responsibility or liability for loss to any person or property relating to the award of any Prize save for death or personal injury caused by our negligence for which our liability is unlimited.
11.14 We reserve the right to cancel the award of the Prize at its sole discretion without prior notice if the Prize cannot be delivered to the postal address indicated by the Winner and is returned to us.
11.15 Should we cancel a win for the above reason or otherwise in our sole discretion no form of compensation will be offered to the Winner.
11.16 We will not be liable for any malfunction or event beyond our reasonable control which prevents entry to the competition or fulfilment of the prize. By participating in the competition Participants agree to this condition.
11.17 We will not be liable for any loss or damage to property whether material, financial or other which may occur when taking part in the competition.
12. REWARDS PROGRAM
12.1 We may, at our discretion award you royalty points for the reasons and in the amounts set out below.
Registration with the website - 250 points
Making a purchase from the Website* - 1 point for each £1 spent (excluding VAT and delivery charges), 2 points for each £1 spent on Office King Brand products
* Please note you are required to log in for each purchase to qualify for points.
Winning competitions on the website - [Various]
Completing Surveys - [Various]
Posting reviews on the website - [Various]
12.2 From time to time we run promotions where you can qualify for additional royalty points subject to minimum spend requirements or the purchase of specific products.
12.3 You may also qualify for additional royalty points by entering and winning our competitions, completing our Website surveys or posting [product] reviews or comments on the Website. The number of additional royalty points that you may become entitled to will be advertised on the Website in connection with the relevant competition or survey.
12.4 Your points will accumulate automatically when you earn royalty points.
12.5 You are able to check your royalty points total on the Website by logging into the ‘My Account’ section of our site.
12.6 You are required to make a minimum value of £200 nett purchases from the Website within any 6 month period to maintain your accumulated points total. If you fail to make the minimum value of purchases your royalty points accumulated will be returned to zero.
12.7 We will endeavour to send you a reminder by email to the email address you have registered with us to let you know if you are in danger of forfeiting your points.
12.8 The royalty points you accumulate may be redeemed on the Website for gifts which are displayed on the Website from time to time. The gifts do change and we cannot guarantee that a gift available one day will still be available on the following day.
12.9 All gifts are subject to change and availability.
12.10 Delivery or postal charges may be payable by you in respect of gifts and this will be made clear in the section of the Website where you choose your gifts.
12.11 Redeemed points cannot be used again and will be deducted from your points total.
12.12 We may make changes to our royalty points program and these Terms and Conditions and we will give you as much notice as possible of those changes. We may suspend or terminate our royalty points program but we will give you as much notice as possible before we do so. If this happens your royalty points total will be frozen or lost.