KIRKSTALL COMMERCE – TERMS AND CONDITIONS OF SALE

Effective Date: 13 July 2026

These Terms and Conditions of Sale ("Terms") apply to all orders placed with Kirkstall Investment Ltd, trading as Kirkstall Commerce ("we", "our", "us").

Registered Office:
17 Kirkstall Crescent
Darlington
DL3 9RN
United Kingdom

Company Registration Number: 14607276

VAT Registration Number: GB470896845

Website: https://kirkstallcommerce.co.uk

1. Application

These Terms apply to all sales of goods by Kirkstall Commerce unless otherwise agreed in writing.

Nothing in these Terms affects any statutory rights that cannot legally be excluded.

2. Customer Accounts

Customers may purchase goods as a guest or by creating an account.

Trade accounts may be approved at our discretion and may receive access to trade pricing, quantity discounts and agreed payment terms.

We reserve the right to approve, refuse, suspend or terminate any customer account at any time.

3. Orders

All orders are subject to acceptance by Kirkstall Commerce.

Submission of an order does not constitute acceptance.

A contract is formed only when we dispatch the goods or otherwise confirm acceptance of your order.

We reserve the right to refuse any order where:

• stock is unavailable;
• pricing errors have occurred;
• payment cannot be authorised;
• fraud is suspected; or
• we reasonably believe fulfilment is not possible.

4. Prices

Unless otherwise stated:

• Prices shown include or exclude VAT as indicated on the website.
• Delivery charges are shown separately during checkout where applicable.
• Prices may change without notice prior to order acceptance.

Once an order has been accepted, the agreed price will not change.

5. Payment

Payment is due at the time of ordering unless an approved trade credit facility has been granted.

Accepted payment methods are displayed during checkout.

Ownership of goods remains with Kirkstall Commerce until payment has been received in full.

6. Trade Credit Accounts

Customers granted trade credit must comply with the separate Trade Credit Agreement.

Where payment terms such as Net 7 have been approved:

• invoices must be paid by the due date;
• credit limits must not be exceeded;
• overdue accounts may result in suspension of further orders; and
• we reserve the right to withdraw credit facilities without notice.

We may charge statutory interest and compensation on overdue commercial debts in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (as amended).

7. Delivery

Delivery times are estimates only and are not guaranteed unless expressly agreed in writing.

Risk in the goods passes to the customer upon delivery.

Customers should inspect deliveries promptly and notify us of any shortages, damage or incorrect goods as soon as reasonably practicable.

Where delivery is delayed due to events outside our reasonable control, we shall not be liable for any resulting losses.

8. Hazardous Goods

Certain products supplied by Kirkstall Commerce are classified as hazardous for transport.

Customers agree to comply with all applicable storage, handling and transport requirements.

Delivery options for hazardous goods may differ from standard products due to courier restrictions.

9. Returns

Our Returns Policy forms part of these Terms.

Unless faulty, incorrect or otherwise required by law, returned goods must:

• be unused;
• be in their original packaging;
• be in a resaleable condition; and
• be returned within the applicable returns period.

Certain goods may not be eligible for return where permitted by law.

10. Product Information

We make reasonable efforts to ensure product descriptions, specifications and images are accurate.

Images are provided for illustration only.

Manufacturers may change packaging or specifications without notice.

11. Limitation of Liability

Nothing in these Terms limits liability where it cannot legally be excluded.

Subject to that:

• our total liability shall not exceed the value of the relevant order;
• we shall not be liable for indirect, consequential or business losses including loss of profit, revenue, goodwill or opportunity; and
• customers are responsible for ensuring products are suitable for their intended application.

12. Retention of Title

Legal ownership of all goods remains with Kirkstall Investment Ltd until all monies owed have been paid in full.

Until ownership passes, the customer shall:

• keep the goods identifiable as our property;
• store them separately where reasonably practicable; and
• not create any security interest over them.

13. Force Majeure

We shall not be liable for delays or failures caused by circumstances beyond our reasonable control, including but not limited to:

• severe weather;
• industrial disputes;
• transport disruption;
• supplier failure;
• government action;
• pandemics;
• fire;
• flood; or
• power or communications failures.

14. Intellectual Property

All website content, branding, logos, product images created by Kirkstall Commerce, text and other materials remain our intellectual property unless otherwise stated.

No material may be reproduced without our prior written consent.

15. Privacy

Personal information is processed in accordance with our Privacy Policy.

16. Website Use

Use of our website is also governed by our separate Website Terms of Use.

17. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

18. Changes to these Terms

We may amend these Terms from time to time.

The version published on our website at the time an order is placed shall apply to that order.

19. Governing Law

These Terms are governed by the laws of England and Wales.

Any dispute shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Contact

Kirkstall Commerce

Trading name of Kirkstall Investment Ltd

Registered Office:

17 Kirkstall Crescent

Darlington

DL3 9RN

United Kingdom

Company No. 14607276

VAT No. GB470896845

Website: https://kirkstallcommerce.co.uk