Terms of service

Terms of Service

These Terms apply to your use of the The Kelly Machine website and to purchases made through our online store.

The Kelly Machine is operated by:

S. Kelly, trading as The Kelly Machine
Unit 11 West Point Business Park
New Hythe Lane
Aylesford ME20 6XJ
Email: sprouts.lede2x@icloud.com

By placing an order with us, you agree to these Terms.

1. Products

We make reasonable efforts to describe and display our products accurately.

Colours and appearance may vary slightly depending on your screen or device.

Nothing in these Terms affects your statutory consumer rights, including your right to receive goods that are of satisfactory quality, fit for purpose where applicable and as described.

2. Prices

Prices shown on the website are the prices payable for the products unless an obvious pricing or technical error has occurred.

Any delivery charges applicable to your order will be shown before you complete checkout.

We may change our prices at any time, but changes will not affect orders that have already been accepted.

3. Orders

When you place an order, you are offering to purchase the products in your basket.

Your order is accepted when we send confirmation that the order has been accepted or dispatched.

We reserve the right to refuse or cancel an order before acceptance, including where:

a product is unavailable;
there is an obvious pricing or description error;
payment cannot be authorised; or
we reasonably suspect fraud or misuse of the website.

If we cancel an order after payment has been taken, the relevant payment will be refunded.

4. Payment

Payment must be made using one of the payment methods offered at checkout.

Payments may be processed on our behalf by Shopify and other payment providers.

5. Delivery

Available delivery options, charges and estimated delivery times are shown at checkout.

Delivery times are estimates unless we expressly agree otherwise.

Unless another delivery period has been agreed with you, goods will be delivered within the period required by applicable consumer law.

Goods remain at our risk until they come into the physical possession of you or a person you have identified to receive them.

Please ensure that the delivery information supplied with your order is accurate.

6. Cancellations, returns and refunds

Your statutory cancellation, return and refund rights are explained in our Returns & Refunds Policy, which forms part of these Terms.

Nothing in these Terms or our Returns & Refunds Policy limits your statutory consumer rights.

7. Faulty or incorrect goods

We are under a legal duty to supply goods that conform to the contract.

If a product is faulty, damaged, not as described or you receive the wrong item, please contact us at:

sprouts.lede2x@icloud.com

Your rights in relation to faulty or non-conforming goods are not affected by our change-of-mind returns policy.

8. Intellectual property

Unless otherwise stated, the content of this website and our products, including text, artwork, illustrations, graphics, branding and design, belongs to The Kelly Machine or is used by us with appropriate permission.

You may use the website for your own personal, non-commercial purposes.

You must not reproduce, distribute, sell, commercially exploit or create unauthorised copies of our content without permission, except where permitted by law.

9. Website availability

We may change, suspend or withdraw parts of the website at any time.

We do not guarantee that the website will always be available, uninterrupted or free from errors.

We are not responsible for third-party websites or services linked from our website.

10. Liability

Nothing in these Terms excludes or limits liability where doing so would be unlawful.

Nothing in these Terms excludes or restricts your statutory rights as a consumer.

To the extent permitted by law, we are not responsible for losses that were not reasonably foreseeable when the contract was formed or for business losses suffered by a consumer using the products for purposes unrelated to their normal personal use.

11. Personal information

Information about how we collect and use personal information is contained in our Privacy Policy.

Our store is hosted by Shopify, which provides the ecommerce platform used to sell our products.

12. Changes to these Terms

We may update these Terms from time to time.

The Terms applying to your purchase will be those in force when you place your order.

13. Governing law

These Terms and purchases made through our website are governed by the laws of England and Wales.

If you are a consumer living elsewhere in the United Kingdom, you retain any mandatory consumer protections that apply to you and any rights you may have to bring proceedings in your local courts.

14. Contact

Questions about these Terms or an order can be sent to: