Terms And Conditions

1. Interpretation

"Contract" means any contract between the Company and the Buyer for the sale and purchase of the Goods, incorporating these Conditions; "Goods" means any goods agreed in the Contract to be supplied to the Buyer by the Company.

2. Application Of Terms

2.1 - Subject to any variation under condition 2.3 the Contract will be on these Conditions to the exclusion of all other terms and conditions.

2.2  - No terms endorsed upon, contained in the Buyer's purchase order, or other document will form part of the Contract simply as a result of such document being referred to in the Contract.

2.3 -  ​ These Conditions apply to all the Company's sales and any variation to these Conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a Director of the Company.

2.4 -   Each order for Goods by the Buyer from the Company shall be deemed to be an offer by the Buyer to purchase Goods subject to these Conditions.

2.5 -   Each order placed by the Buyer shall be deemed to be accepted by the Company unless the Company notifies the Buyer within 7 days that it does not accept the order.

2.6 -   The Buyer must ensure that the terms of the order and any applicable specifications are complete and accurate.

3. Description

3.1 - All material and specifications including weights and dimensions issued by the Company and any descriptions or illustrations contained in the Company's catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They will not form part of this Contract.

4. Delivery

4.1  -  Unless otherwise agreed in writing the Company will arrange delivery of the Goods to the Buyer's premises in the Republic of Ireland.

4.2  - Any dates specified by the Company for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery will be within 30 days of the Buyer placing an order.

If it is anticipated that delivery will be outside 30 days, the Buyer will be notified by email.

Normally, orders placed before midday (Monday to Friday) for items in stock are usually dispatched within 48 hours.

PLEASE NOTE: All delivery times are approximate. If you need further information on delivery times for specific items, please contact us before placing your order.

4.3    -  Subject to the other provisions of these Conditions the Company will not be liable for any loss (including loss of profit), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the goods (even if caused by the Company's negligence).

4.4  -   The Company will deliver to the ground floor entrance of the Buyer's premises and unless agreed otherwise shall not assemble the Goods.

4.5  -  If a delivery period is specified in the contract it shall commence on the date upon which the company confirms or accepts the customers order, or (if later) when the company receives any further information from the customer, which shall be supplied promptly, which may be necessary for the contract to be proceeded with. The delivery date or period specified in the contract shall not be binding on the company and although the company will use its best endeavours to deliver such dates or within such periods it shall not be liable in any way for failure to do so.

4.6  -   Where agreed in a contract the Company will install the goods at the premises nominated by the customer as specified in the contract and the customer shall give to the company all necessary access and facilities for the installation work (including arrangements for the customer’s staff to be available as and when required). If the customer fails to provide and agree facilities within seven days of delivery of the goods to the premises the contract price shall become due forthwith. The customer will indemnify the company against any liabilities, claims or costs which the company may suffer by reason of injury to person or property of employees of the company or any other person occurring while they are on the Customers premises unless such injury is caused by the fault or negligence of the company.

4.7  - Shipping  We are able to ship to the UK and EC countries. Delivery costs must be confirmed prior to placing the order.  In these instances we will process your order over the telephone.

4.8 - Larger items will be delivered by our delivery fleet if customer is located close to our van routes. Outside these areas, a national carrier will carry out deliveries. Deliveries are Monday to Friday during trading hours only.

4.9 -  When goods are delivered, the customer, by accepting and signing for the goods, undertakes that they were received in good condition. This means that, if the customer finds damage AFTER accepting and signing for the goods, then any damage caused in transit is the responsibility of the customer. It is therefore very important that the customer checks for any signs of damage that may have occurred in transit BEFORE accepting the parcel; if any is detected, the customer should refuse to accept the delivery and inform us immediately and we shall arrange for a replacement to be sent as soon as possible.

4.10  - Installation of Chairs and Larger Items.  We can assemble furniture at the time of initial delivery if you are located close to our van delivery routes. To get a price for installation of a product please contact us before ordering and we will be happy to give you an accurate quote.  Onsite chair fittings (both for office chairs and home chairs) are available, by request. An additional charge may be applicable for this service depending on the location.

4.11 - We also provide phone support for chair set-up queries free of charge.

4.12 - If the delivery address that you give us changes after you place your order, any charge may change.

4.13 - The delivery charges noted are a guide and are subject to alteration following a detailed review of the specific customer orders. If the delivery charges noted on the order are incorrect, we will endeavour to contact you by phone within 48 hours of your order being processed.

4.14 - We are registered for WEEE (WEEE No: IE 0214 WB)and will take WEEE back Call 0504 43317 for further information.

5. Non-Delivery

5.1   -  The quantity of any consignment of Goods as recorded by the Company upon dispatch from the Company's place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.

5.2   -  The Company shall not be liable for any non-delivery of Goods (even if caused by the Company's negligence) unless written notice is given to the Company within 7 days of the date when the Goods would in the ordinary course of events have been received.

5.3   -  Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.

6. Risk/Title

6.1 - The Goods are at the risk of the Buyer from the time of delivery.

6.2 - Ownership of the Goods shall not pass to the Buyer until the Company has received in full all sums due to it in respect of:

6.2.1 - the Goods; and

6.2.2 - all other sums which are or which become due to the Company from the Buyer on any account.

6.3 - The Buyer's right to possession of the Goods shall terminate immediately if:

6.3.1 - The Buyer hasn't paid in full for the Goods and has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any Act for the time being in force for the relief of insolvent debtors, or convenes a meeting of creditors or enters into liquidation except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for the winding up of the Buyer or for the granting of an administration order in respect of the Buyer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Buyer; or

6.3.2 - The Buyer suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to observe/perform any of his/its obligations under the Contract or any other contract between the Company and the Buyer, or is unable to pay its debts or the Buyer ceases to trade; or

6.3.3 - The Buyer encumbers or in any way charges any of the Goods.

6.4 - The Company shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from the Company.

6.5 - The Buyer will grant the Company, its agents and employees a licence to enter any premises where the Goods are or may be stored to inspect them, or, where the Buyer’s right to possession has terminated, to recover them when an appointment has been agreed in advance.

6.6 - If notwithstanding the foregoing the Buyer is in default of payment of any part of the purchase price shall before the whole of the purchase price has been paid have a receiving order made against him or being a company go into liquidation or have the receiver appointed, then the seller may without prejudice to any other rights or remedies available to him be entitled to recover possession of the goods and sell the same retaining all monies received on account of the purchase price and the accounting to the buyer for balance if any.

7. Price

7.1  - Prices charged are those agreed between the Company and the Buyer on the date of delivery. These prices are generally those set out in the Company's catalogue and website but are subject to alteration.

7.2  - Prices shown in the catalogue and this website are exclusive of delivery and if appropriate, installation and assembly.

7.3  - The cost of resetting chairs that need resetting or are recycled within a company will be charged at €50.00 plus VAT and any travel expenses which may incur.

8. Payment

8.1  - Where the Buyer has an approved credit account, payment of the price for the Goods is due 14 days after the date of invoice.

8.2 - Where the Buyer does not have an approved credit account the Company will take the Buyer's credit or debit card details at the time of ordering.

8.3 - Time for payment shall be of the essence.

8.4 - No payment shall be deemed to have been received until the Company has received cleared funds.

8.5 - Interest on late payments will be charged at 1% per month.

9. Liability

9.1 - The Company accepts liability as set out in Clause 9 but not otherwise.

9.2 - The Company warrants that the Goods shall be of satisfactory quality and fit for purpose. The Company does not exclude or restrict its liability for breach of this warranty.

9.3 - The Company accepts liability for directly and reasonably incurred losses (other than those which the Buyer could have reasonably avoided) caused by the Company's failure to perform its services. However, the Company's liability is limited as set out in Clause 9.5 below.

9.4 - The Company does not exclude or restrict its liability:

9.4.1 - for death or personal injury caused by its negligence; or

9.4.2 - for any liabilities which cannot by law be excluded.

9.5 - Other than as provided in Clauses 9.2 and 9.4 the Company does not accept any liability for business losses such as loss of revenue, business, contracts, anticipated savings or profits, whether or n o t such losses are direct or indirect and whether or not the Company has been advised by the Buyer of the possibility of such potential risk.

9.6 - If the Buyer is a consumer, the Buyer's statutory rights are not affected by these Terms and Conditions.

10. Matters Outside The Company's Reasonable Control

The Company shall not be liable to the Buyer if the performance of any of its obligations is delayed or prevented by any matter outside the Company's reasonable control. 

Such matters include, but are not limited to, fire, flood, lightning, extreme weather conditions, industrial disputes of any kind, actions of local or national government, war, acts of terrorism or vandalism, and power outages.

11. Cancellation

(Clauses 11.1, 11.2 and 11.3 only apply to Buyers who are consumers and are purchasing an individual product.)

11.1 - The Buyer may cancel an order by sending a written request to the Company at any time up to receipt of the Goods and within 7 working days thereafter beginning with the day after the day on which the Buyer received the Goods.

11.2 - If the Buyer cancels an order, the Buyer must return the Goods during business hours, carriage paid and in perfect condition, to the Company. If the Buyer fails to return the Goods within a reasonable period the Company will charge for the cost of returning the Goods.

11.3 - If the Buyer cancels in accordance with this clause, the Company will refund all sums paid except those under Clause 11.2.

11.4 - Refunds will be made within 20 days of receipt of the item. Delivery charges will not be refunded unless the item is faulty. All refunds are subject to inspection of the items and confirmation that the items have been returned according to our returns policy below.

11.5 - Our refund policy does not affect your Statutory Rights.

11.6 - For all other purchases of more than one product and in every case where the buyer has specified a product not illustrated in the Company’s catalogue, the buyer may not cancel the order after receipt by the Company.  As bespoke items, made-to-measure chairs and furniture are ordered to individual specifications, they cannot be cancelled once your order has been placed. We may be able to uphold the cancellation if it is made within 4 hours of the order being placed or if your order has not been processed.

12. Returns

(This clause only applies to Buyers who are consumers and have purchased an individual product.)

12.1 - If the Company has extended credit to the Buyer, the Buyer may elect to have the option of returning the Goods within 14 days of receipt of the Goods PROVIDED THAT the Buyer notifies the Company at the time of placing its order that it wanted this option.

12.2 - If the Buyer wishes to return the Goods under Clause 12.1 it must notify the Company immediately by fax or e-mail and return them to the Company within 14 days of receipt.

12.3 - In all cases (under Clauses 12.1 and 12.2) where goods are to be returned, the Buyer must first telephone the Company to obtain a Returns Note and Number. Goods must be returned during business hours carriage paid in perfect condition in their original packaging with the Delivery Note and Returns Note enclosed.  Please note you will be responsible for the item until we can confirm receipt at our premises. For this reason, we recommend using a trackable service provided by almost all postal and courier services.

12.4 - Bespoke orders and made-to-measure furniture are acquired specially for your order. For this reason, bespoke products cannot be returned.

12.5 - Return Exceptions.  We regret that, for hygiene reasons, we are unable to accept the return of mattresses, pillows and personal items. If the product was sealed by the manufacturer and the product remains unopened with the sealed packaging intact we are willing to accept returns.

13. Order Acceptance

13.1 - Order acceptance and the completion of the contract between you and KOS Ergonomic Solutions Ltd will take place on payment for products ordered by you unless we have notified you that we do not accept your order.  Non-acceptance of an order may be a result of one of the following:

The product you ordered is unavailable from stock, our inability to obtain authorisation for your payment, the identification of a pricing or product description error, and your not meeting the eligibility to order criteria set out below. E&OE

If there are any problems with your order, you will be contacted by us.

We reserve the right to reject any offer to purchase by you at any time.

13.2 -   Refusal of Transaction and Eligibility to Purchase 
We reserve the right to withdraw any products from this website at any time and/or remove or edit any materials or content on this website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party because we withdrew any product from this Website whether or not that product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
To be eligible to purchase products on this website and lawfully enter into and form contracts on this website under Republic of Ireland law you must:

Register by providing your real name, phone number, e-mail address, payment details and other requested information, be over 18 years of age, and stipulate a delivery address. Please note that PO Box numbers, hotels and accommodation addresses are not acceptable, possess a valid credit or debit card issued by a bank acceptable to us.

14. Discount/Coupon Code Terms Of Use

Discount/Coupon Codes only apply to the Total Product Price inc VAT. Delivery costs are not subject to any discount. Discount/Coupon Codes must be redeemed at the time of purchase during the Checkout process. Discount/Coupon Codes must be redeemed before the specified expiry date.

Discount/Coupon Codes cannot be used in conjunction with any other offer or discount from KOS Ergonomic Solutions Ltd/www.Kos.ie. This includes Sale items. Where applicable, Discount or Coupon Codes are not redeemable for their cash equivalent. We reserve the right to refuse any order if we feel the Discount Code has not been used in accordance with these terms. Discount or Coupon Codes are subject to the General Terms of Use, Shipping and Returns and Privacy Policy.

15. General

15.1 - Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not

15.2 - If any provision of the Contract is found to be unenforceable it shall to the extent of such unenforceability be deemed severable and the remaining provisions of the Contract shall continue in full force and effect.

15.3 - Any waiver by the Company of any provision of the Contract by the Buyer will not be deemed a waiver of any subsequent breach or default.

15.4 - This Contract shall be governed by Republic of Ireland law subject to the exclusive jurisdiction of the Irish courts.

15.5 - The Company may transfer information about the Buyer to the Company’s bankers for the purposes of obtaining credit insurance, for credit reference purposes, credit control, or protecting the Company’s interests. The Company will provide the Buyer with details of the Company’s bankers on request.

15.6 - As an environmentally responsible Company, the Company expects that the Buyer will dispose of any waste associated with the Company’s products in accordance with best practice and if the Buyer is unable to do so the Buyer to contact the Company.

16 - Kos.ie is the e-commerce website of KOS Ergonomic Solutions. Registered in the Republic of Ireland Number: 366364 VAT Number: 6386364A

17 - Use of This Web Site.  Access to and use of this website is provided subject to the Terms and Conditions of Use (this document) which you should read carefully. By accessing this website you hereby accept the same. While KOS Ergonomic Solutions T/A Kos.ie· has· taken all reasonable steps to ensure the accuracy and completeness of the information on the pages of this site it can accept no legal liability in respect of any inaccuracy or incompleteness in such information.· KOS Ergonomic Solutions T/A Kos.ie is NOT responsible for the contents of any off-site pages referenced or linked to.

18. Definitions

• "Conditions" means these terms and conditions and the Special Conditions; "Product/s" or "Item/s" means a product displayed for sale on the Website
• "Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided.
• "Users", "You" or "Buyer" means the user or entity who is using the Website or agreeing to buy from the Website.
• "Personal Information" means the details provided by you on registration.
• “The Company” "We/us" means KOS Ergonomic Solutions Ltd.
• "Website" means the website located at www.Kos.ie or any subsequent URL which may replace it.
  

Privacy Policy

KOS Ergonomic Solutions T/A Kos.ie respect your right to privacy and comply with our obligations under the relevant Irish and European Data Protection Acts. The purpose of stating our web site privacy policy is to outline how we deal with any personal data provided to us while visiting this web site. If you are not happy with any element of the policy set out below you should refrain from use of this web site.

We are totally committed to protecting your privacy. We only use the information collected about you for order processing and to provide a more personalised shopping experience. We may also use it to tell you about changes in our services or about special offers we think you will find valuable. We do not sell, trade or rent your personal information to others.

Kos.ie is committed to protecting your privacy. Please read on for more detail about our privacy policy. When you order, we need to know your name, email address, delivery address, credit or debit card number and expiry date. Transactions are made through the Relax payment system, a completely safe, respected and secure payment system. No credit card information is stored by Kos.ie.

Furthermore, as required by the Irish Data Protection Act 1988, we follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorised access. Our security procedures mean that we may occasionally request proof of identity before we are able to disclose sensitive information to you. By using our Web site, you consent to the collection and use of this information by Kos.ie. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it and under what circumstances we disclose it.

Faulty Items
If for any reason you feel the item you have received is faulty please contact us as soon as possible to let us know that the item has a fault. We will request that you explain to us what the fault is and in some instances you may be requested you send us photos of the fault.  Once the fault is identified we will ask you to return the item and provide a replacement. In the event that a replacement is unavailable (whether it be due to a discontinuation or end of line clearance) we will either replace it with a similar product or provide a full refund. If you are returning an item because it is faulty we will reimburse your return costs once we have inspected and confirmed the item has a fault.

Disclaimer and Waiver of Liability

The information contained in this website is for general information purposes only and not intended as a substitute for professional medical advice or treatment. Do not use this information to diagnose or develop a treatment plan for a health problem or disease without consulting a qualified health care provider. We will endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will KOS Ergonomic Solutions T/A Kos.ie and its employees or agents be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arise out of, or in connection with, the use of this website.

Every effort has been made to ensure that the information provided on this website is accurate and up-to-date. If you notice any errors or omissions please let us know as soon as possible.

It is our policy to respond and correct errors within 7 working days of receiving accurate and verified information. Please report any errors to us by email.