1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the agreement, what to do if there is a problem and other important information. By submitting an order to us, you agree to accept the terms set out below.
2. Information about us and how to contact us
2.1 Who we are. We are Kohler Mira Limited a company registered in England and Wales. Our company registration number is 252115 and our registered office is at Whaddon Works, Cromwell Road, Cheltenham, GL52 5EP
2.2 How to contact us. You can contact us by telephoning our customer service team at 0800 001 4040 or by writing to us at email@example.com or Kohler Mira Customer Service, Cromwell Road, Cheltenham, GL52 5EP
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
3. Our agreement with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you an order acknowledgement confirming the details of your order, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing or by telephone and will not charge you for the product. This might be because the product is out of stock, your payment card was not authorised, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because these terms have not been complied with. If the product ordered is out of stock, we will contact you by email or telephone and you will have the option to receive a refund or wait for the product to become in stock. Please note that the acceptance of any order, in any event, shall be at our absolute discretion.
3.3 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept or ship orders for British Forces postcodes or addresses outside the UK.
5. Our rights to make changes
5.1 Changes to the products. We may change the product to reflect changes in relevant laws and regulatory requirements provided in the product resources pages of the site.
6. Providing the products
6.1 Delivery costs. Delivery is free of charge for all products.
6.2 When we will provide the products. We will deliver the goods to you as soon as reasonably possible (typically within 4 to 7 working days Monday to Friday) and in any event within 30 days after the day on which we accept your order. Once the products have been dispatched we will send you an email to notify you. If we are unable to deliver the products within 30 days we will notify you of the revised date. If the revised date is not acceptable to you, you may want to end the agreement (see clause 7 – Your rights to end the agreement).
6.3 Delivery delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for any direct, indirect or consequential loss suffered as a result of any delays caused by any event out of our control, but if there is a risk of a delay exceeding 30 days you may contact us to request to end the agreement and receive a refund for any products you have paid for but not received. We recommend that you do not arrange a plumber to install the goods until you have received and inspected the products. For the avoidance of any doubt, Kohler Mira is not responsible for and will not reimburse the cost of any product that you may choose to purchase whilst experiencing any delay with your order.
6.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, our courier provider will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
6.5 If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, the items may be returned to us after 5 days and we will cancel the contract.
7. Your rights to end the agreement
7.1 You can always end your agreement with us. Your rights when you end the agreement will depend on whether there is anything wrong with the product.,
- If what you have bought is faulty or misdescribed you may have a legal right to end the agreement (or to get the product repaired or replaced or to get some or all of your money back), see clause 10;
- If you want to end the agreement because of something we have done or have told you we are going to do, see clause 2;
- If you have just changed your mind about the product, see clause 8. You may be able to get a refund if you are within the cooling-off period, however this may be subject to deductions;
7.2 Ending the agreement because of something we have done or are going to do. If you are ending an agreement for a reason set out at (a) to (d) below the agreement will end immediately and we will refund you in full for any products for which you have paid and have not been provided. The reasons are:
a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
b) there is a risk that supply of the products may be significantly delayed because of events outside our control;
c) we have suspended supply of the products for technical reasons, or notified you we are going to suspend them for technical reasons, or
d) you have a legal right to end the agreement because of something we have done wrong.
7.3 How long do I have to return my product? You have 28 days after the day you (or someone you nominate) receive the product(s) to change your mind unless your products are split into several deliveries over different days. In this case, you have 28 days after the day you (or someone you nominate) receive the last delivery, to change your mind about the goods and cancel your order.
8. How to end the agreement and cancel your order with us (including if you have changed your mind)
8.1 Tell us you want to end the agreement. If you wish to end the agreement with us, please let us know by calling customer services on 0800 001 4040 or by writing to us at firstname.lastname@example.org or Kohler Mira Customer Service, Cromwell Road, Cheltenham, GL52 5EP. Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.2 Returning products after ending the agreement. If you end the agreement for any reason after products have been dispatched to you, you must return them to us. You must either post them back to us at Kohler Mira Customer Service, Cromwell Road, Cheltenham, GL52 5EP or arrange for us to collect them. Please call customer services on 0800 001 4040 or email us at email@example.com for a returns label or to arrange collection.
8.3 Costs of return. All returns are free of charge.
8.4 How we will refund you. If a refund is due, we will refund you the price you paid for the products, by the method you used for payment. Please note we may make deductions from the price, as described below.
8.5 Deductions from refunds if you are exercising your right to cancel your order. If you are exercising your right to change your mind we may reduce your refund to reflect any reduction in the value of the products you had purchased, if this has been caused by your handling them in an unacceptable way.
8.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to cancel, then your refund will be made within 14 days from the day on which we receive the product back from you. For information about how to return a product to us, see clause 8.2.
9. Our rights to end the agreement
9.1 We may end the agreement if you break it. We may end the agreement to supply any product at any time by writing to you if you do not, within a reasonable time, allow us to deliver the products to you or collect them from us. Please refer to clause 6 for more details around delivery.
9.2 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product and are therefore unable to supply this to you. We will let you know at least 14 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which we are no longer able to provide.
9.3 If we discover a clear and obvious error in the price published for any product on our website, we may terminate the agreement with you. In this event, we reserve the right to refund any payment received from you and you may be required to return the goods in question.
10. If there is a problem with the product
10.1 Product guarantee. Each product is supplied with a manufacturer’s guarantee, the full terms of which can be viewed here. It is recommended that you read these guarantee terms carefully and inspect the product upon delivery. Any fault or damage must be notified to us without delay and in any event within 14 days of discovering the fault or damage.
10.2 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0800 001 4040 or write to us at firstname.lastname@example.org or Kohler Mira Customer Service, Cromwell Road, Cheltenham, GL52 5EP.
10.3 Summary of your statutory rights. Nothing in these terms will affect your statutory rights.
10.4 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us. Returns are free of charge Please call customer services on 0800 001 4040 or email us at email@example.com for a return label.
11. Price and payment
11. 1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages where you place your order. We take all reasonable care to ensure that the price of the product detailed on the order page is correct. However please see clause 3 for what happens if we discover an error in the price of the product you order.
11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
11.4 When you must pay and how you must pay. We accept payment with Visa, Mastercard or Maestro. You must provide a valid method of payment for your product(s) before we dispatch them.
12. Our responsibility for loss or damage suffered by you.
12.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subagreementors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 2 and for defective products under the Consumer Protection Act 1987.
12.2 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you whatsoever for any consequential loss, including loss of profit, loss of business, business interruption, or loss of business opportunity.
13. How we may use your personal information
14. Other important terms
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the agreement If you are unhappy with the transfer you may contact us to end the agreement within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
14.2 Nobody else has any rights under this agreement (except someone you pass your guarantee on to). This agreement is between you and us. No other person shall have any rights to enforce any of its terms, except in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the agreement or make any changes to these terms.
14.3 Which laws apply to this agreement and where you may bring legal proceedings. These terms are governed by English law and any dispute will be dealt with by the English Courts.
15. Kohler Group (“the Group”) UK Tax Strategy for Year Ended 31 December 2022
The UK Tax Strategy is published for all UK companies within the Group in compliance with the requirements of Schedule 19 of the Finance Act 2016.
The UK Tax Strategy is reviewed on an annual basis and was last updated on 17 September 2021. It is shared with all UK companies within the Group.
15.1 Management of Tax Risks
Responsibility for the worldwide taxation affairs of the Group sit with the Chief Financial Officer and the VP Taxation. The day to day management of UK tax affairs is dealt with by the EMEA Tax Team. Regular updates on tax matters are provided to the VP Taxation, the Chief Financial Officer and the Board.
The Group is diverse in its businesses and geographies and the risks inherent in the calculation, collection and payment of UK taxes are managed by having policies and procedures in place and ensuring that the relevant teams are appropriately resourced, trained and have access to advice (both internal and external) when required. The Group also has approval processes in place covering material business decisions.
Identified tax risks are assessed on a case by case basis, allowing the Group to arrive at well-reasoned conclusions on how each individual risk should be managed. Where there is uncertainty in how the relevant tax law should be applied, external advice may be sought to support the Group’s decision-making process.
The following are considered when assessing tax risks:
- The legal and fiduciary duties of directors and employees.
- The requirements of any related internal policies or procedures.
- The maintenance of the Group’s positive corporate reputation, having regard to the way we interact with the communities around us.
The UK Senior Accounting Officer process undertaken by the EMEA tax team is used to support the management of risk.
15.2 Attitude to Tax Planning
The Group’s Code of Ethical Conduct can be found here and notes that:
“Kohler Co. is committed to compliance with all laws and regulations in the countries where we operate. This Code is the foundation of our commitment to ethical business practices. It sets out the standards for how we interact with each other and engage in business activities globally. Additionally, the Code summarizes the guidance and expectations set out in each of our Global Core Policies.
The Code applies to Kohler Co. (the Company), subsidiaries, associates, those who work for or represent Kohler Co., and members of the Board of Directors when acting in their capacity for Kohler Co. .”
Tax planning strategies are based upon business purpose, commercial needs and ensure the companies’ affairs are carried out in a tax efficient manner. This includes using incentives granted by government bodies to minimize the tax cost of conducting our business. All tax planning is carried out in line with both the letter and the intent of legislation.
The Group will seek external tax advice to ensure that tax consequences of transaction are understood and that the analysis of often complex legislation is correct.
15.3 Level of UK Tax Risk Accepted
The Group does not prescribe a specific level of tax risk but the affairs of the Group are structured based on sound commercial principles and relevant tax legislation and are not influenced by external stakeholders.
The tax treatment of transactions are reviewed with reference to the relevant legislation and external advice is sought where the transactions are complex or require specialist advice.
As noted above, the Group also has approval processes in place covering material business decisions.
15.4 Approach to Working With HMRC
The Group is committed to maintain an open and honest relation with HMRC. We will actively engage with HMRC. This includes but is not limited to:
- Taking part in regular communications and meetings when required or requested.
- Making fair and accurate disclosures in tax returns.
- Ensuring tax returns and tax payments are on time.
- Responding to queries and requests for information in a timely manner.
- Seeking to resolve issues promptly and, where disagreements arise, to work co-operatively with HMRC to quickly resolve these disputes.
- Implementing tax planning strategies based upon strong business purpose where outcomes are consistent with the economic consequences of the transactions and are not contrary to the legislative intentions, as verified by external advisers.
- Ensuring all interactions with HMRC are conducted in a collaborative and professional manner.
For more information please contact firstname.lastname@example.org.