Vorwerk in the UK
VK Direct Ltd - Approved Service Provider

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Terms and Conditions

1 Definitions

1.1 In these conditions. "Agreement" means the agreement for the purchase and sale of goods. "Conditions" means the standard terms and conditions of sale set out in this agreement and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the customer and the seller. "Customer" means the person who buys or agrees to buy Goods from the seller. "Goods" means the goods (including any installment of the goods or any parts of them) which the seller is to supply in accordance with these terms and conditions "Seller" means VK Direct Ltd.

1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.

2 Basis of the Sale

2.1 The Seller shall sell and the Customer shall purchase in accordance with these terms and conditions which shall govern the sale of the goods.

2.2 No variation to these conditions shall be binding unless agreed in writing between the authorised represenatives of the Customer and the Seller.

2.3 Nothing in these Terms and Conditions affects the Statutory Rights of the Customer.

3 Orders

3.1 The quantity, quality and description of the Goods shall be those set out in the Order Confirmation (if accepted by the Seller).

3.2 The online order is an offer to enter into a purchase agreement with the Seller. The Customer will receive a VK Direct email that confirms receipt of the order and its details (order confirmation). This Order Confirmation does not constitute an acceptance of the Customers offer and the Customer is bound to the offer providing that the order is not cancelled within 30 days of the order being placed. If the Customer does not cancel the order and VK Direct has not rejected the order within two weeks of the order date, the contract is concluded and accepted by VK Direct Ltd with the delivery of goods ordered.

3.3 VK Direct Ltd sells its goods directly to 'end user' Customers. The buyer is not permitted to resell goods for commercial purposes. Consequently, we do not bulk sell our products through this website.

3.4 Vorwerk homecare goods are constantly developed and improved. We reserve the right to amend and change our goods.

3.5 The Seller reserves the right to make any changes in the specifications of the Goods which are required to conform with any applicable, statutory or EU requirements.

4 Price of Goods

4.1 The price of the Goods shall be the Sellers quoted price set out in the Order Confirmation form.

4.2 The Seller reserves the right to revise prices prior to the delivery of Goods to reflect any direct or indirect increase in costs to the Seller but no price revision may take place without the prior written agreement of the Customer.

5 Terms of Payment

5.1 In the case of consumer sales, payment is due in full before delivery of any Goods.

5.2 If the Customer fails to make payment on the due date then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to: -cancel the order or suspend any further deliveries to the Customer.

5.3 When payment is processed through Worldpay under the Federal Privacy Act, the Customer data will be verified to ensure that all information obtained is correct and creditworthiness is acceptable.

6 Delivery

6.1 Delivery of Goods shall be made to the Customers Address or such address as notified by the Customer to the Seller as set out in the Delivery Address form and the Customer shall make the neccessary arrangements to take delivery of the Goods whenever they are tendered for delivery.

6.2 Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any reasonable or unavoidable delay of the Goods howsoever caused. Time for delivery shall not be of the essence of this agreement unless previously agreed by the Seller in writing. The Goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Customer.

6.3 Where the Goods are to be delivered in installments, each delivery shall constitute a seperate agreement and failure by the Seller to deliver any one or more of the installments in accordance with these Terms and Conditions or any claim by the Customer in respect of any one or more instalments shall not entitle the Customer to treat this Agreement as a whole repudiated.

6.4 If the customer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time stated for delivery (other than by reason or cause beyond the Customer's reasonable control or by reason of the Seller's fault) then, without prejudice to any other right or remedy available to the Seller, the Seller may store the Goods until actual delivery and charge the Customer the reasonable costs (including insurance) of storage.

6.5 Ordering and delivery is only possible within the United Kingdom. If delivery is required out of the United Kingdom, please contact Vorwerk Industries or the Vorwerk affiliates in the country you wish the goods to be delivered to.

7 Returns and Replacements

7.1 Subject to Consumer Rights, no contract shall be cancelled once accepted by the Seller nor shall any Goods which are delivered in accordance with the contract be returned without prior written approval of the Seller and on terms to be determined at the absolute discretion of the Seller.

7.2 Unless the Seller at its discretion decides otherwise, if the Seller agrees to accept the return of any such Goods then:

7.2.1 A Goods return number must be obtained from the Seller and be clearly shown on the returned parcels and must be returned in the original manufacturer's packaging (which shall not be defaced) complete with accessories, manuals and documentation. Except in the case of faulty Goods, returned items not complying with these requirements will be rejected.

7.2.2 The Buyer will be liable for the cost of remedying any damage to the Goods returned where such damage has, in the opinion of the Seller, been caused by the Goods being inadequately packaged by the Buyer or through the Buyer's fault.

7.3 Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with the specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller as soon as practicable from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the terms of the contract.

7.4 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or conditions of the Goods or their failure to meet specification is notified to the Seller in accordance with these conditions, the Seller shall be entitled to replace the Goods (or any part thereof) free of charge or at the Seller's sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.

7.5 The Seller shall not give any credit for returned Goods where the Seller deems the Goods not to be faulty unless otherwise agreed in writing by the Seller.

7.6 Any Goods (excluding those not featured in the seller's catalogue) in respect of which any claim of defect or damage is made by the Buyer shall be preserved by the Buyer intact together with the original packaging at the Buyer's risk and shall at the request of the Seller be:

7.6.1 retained by the Buyer for a reasonable period to enable the Seller or its agent to inspect the Goods; or

7.6.2 collected from the Buyer by the Seller if the Goods are defective.

8 Risk and Property

8.1 Risk of damage to or loss of the Goods shall pass to the Customer upon delivery of the Goods.

8.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these conditions, the property in the Goods shall not pass to the Customer until the Seller has receieved payment in full relating to the said Goods.

8.3 Until such time as the property of the Goods passes on to the Customer, the Goods remain properly stored, protected, insured and identified as the Seller's property, but shall not be entitled to resell or use the Goods in the ordinary course of business.

8.4 Any Goods of which a claim of defects, damage or non-conformity with the description as set out on the Order Confirmation form, must be presereved by the Customer, intact with its original packaging at the Customer's risk and either: (a) retained by the Customer for a reasonable period of time to allow the Seller or its agent to inspect or collect the Goods or (b) at the Seller's option, returned by the Customer to the Seller who will refund the costs of postage and packing to the Customer if the Goods are in fact defective, damaged or do not conform with the description as set out in the Order Confirmation Form.

8.5 The Customer has the right to resolve damage issues. This does not affect the Customer Statutory Rights.

9 Warranties and Liabilities

9.1 Subject to the conditions set out below, the seller warrants that if used for normal domestic purposes the Goods Warranty will correspond with the descriptions set out in the Customer Order Form and be free from defects for the period of time as specified in the product description.

9.2 Subject to the conditions set out below, if the Goods are used for any other purpose other than for normal domestic purposes, the Seller warrants that the Goods will correspond with their description at the time of delivery and will be free from defects for the period of time guarenteed for the Goods when in commercial or independent business use.

9.3 The warranty is given by the Seller and is subject to the following conditions:

9.3.1 The defect has not been caused by misuse, negligence or alterations to the Goods other than by an authorised engineer of the Seller and has been used in accordance with the "Instruction Manual" which is to be supplied to the Customer on purchase of the Goods.

9.3.2 The Seller shall be under no liability in respect of any defect rising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Seller's instructions (whether oral or in writing), misuse of alteration or repair of the Goods other than by an authorised engineer of the Seller's.

9.3.3 The Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price of Goods has not been paid by the due date of payment.

9.3.4 Before an engineer call out, the Customer shall have first followed the fault finding and maintenance sections of the "Instruction manual", and tried any reasonable rectification proceedure as directed by an authorised engineer of the Seller's over the telephone.

9.3.5 The above warranty does not refer to consumable parts which are subject to normal wear and tear, or to request for a routine service or to carry out customer maintenance procedures or to repair any fault judged by the Seller's engineer to have been caused by the Customer or where parts other than genuine parts of the seller have contributed to the fault.

9.4 Except where the Customer is dealing as a Consumer (as defined under the Unfair Contract Terms Act 1977, Section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability of condition of the Goods, whether implied by statute common law or otherwise are excluded and the Customer warrants that the Customer is satisfied as to the suitability of the Goods for the Customer's purpose.

9.5 Except as may be implied by law where the Customer is dealing as a Consumer, in the event of any breach of these conditions by the Seller the remedies of the Customer shall be limited to the damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or conseqent.

10 Cancellation

10.1 The Customer may cancel this Agreement within thirty days from the date of delivery. If the Customer wishes to exercises his right of cancellation, the Customer must send written notice of cancellation to the Seller.

11 Insolvency of Customer

11.1 If any act or proceedings shall be commenced in which the Customer's solvency is concerned, all monies under any transaction covered by these Terms and Conditions shall become immediately due for payment.

12 General

12.1 The Seller will not be under any liability whatsoever in the event that the seller is prevented or delayed from supplying or making delivery of any Goods by any reason or cause beyond the Seller's control.

12.2 Any notice required or permitted to be given by either party to the other under these Terms and Conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may be relevant at the time to have been notified pursuant to this provision to the party giving the notice.

12.3 No waiver by the Seller or any breach of this Agreement by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.

12.4 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other part of the provisions of these Conditions and the remainder of the provision in question shall not be affected.

12.5 This Agreement shall be governed by the laws of the United Kingdom.

12.6 In the event of a dispute between the Customer and the Seller, should the Seller in writing require, the Customer agrees to submit the dispute to arbitration in accordance with the Arbitrtaion Act for the time being in force as a legally binding alternative to court action.

13 Complaints

13.1 Any complaints should be addressed to: The Manager, VK Direct Ltd, Unit G, Upperboat Business Park, Treforest, CF37 5BP.

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Approved By Vorwerk | UK Sales and Service Provider for Vorwerk Kobold
VK Direct Ltd | Unit G, Upperboat Business Park, Treforest, CF37 5BP | www.vkdirect.co.uk