Terms and conditions of sale
In these terms and conditions “we” “us” and “our website” means Lockwood & Hume and “you” means the customer and/or the buyer of our products and/or goods and/or services, which are collectively referred to in these terms and conditions as “the goods”.
Use of our website, including placing orders and communicating with us, is subject to our terms and conditions. By using our website you confirm that you have accepted our terms and conditions, fully and without any qualification or reservation.
1. General
1.1. All orders for goods placed by you or on your behalf through our website shall always be subject to these terms and conditions.
1.2. These terms and conditions will prevail over any other representation, discussion, negotiation and documentation to the full extend permitted by law. If in doubt please enquire with us PRIOR to placing any orders.
1.3. Nothing in these terms and conditions is intended to affect your statutory rights as a consumer
1.4. These terms and conditions may be changed at any time without prior notice but we try to ensure that all changes are posted on our website.
1.5. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question will not be affected.
1.6. English law will apply to this Agreement, and the parties agree to submit to the non-exclusive jurisdiction of the English courts.
1.7. The headings in this Agreement are for convenience only and will not affect their interpretation.
2. Orders
2.1. Whenever you place an order for goods such an order will be treated as an offer by you to buy from us, subject to these terms and conditions.
2.2. You bear the sole responsibility of ensuring that all details that you supply us with in the order form are full and accurate. We reserve the right not to accept your order unless you have supplied us with all the requested details. Any misrepresentation by you, whether intentional or otherwise, will render your order voidable at our sole discretion.
2.3. Your offer to buy any goods from us will be deemed to be accepted only when we confirm by way of e-mail or, where this is not possible, by post that your order has been accepted.
2.4. At all times and prior to us accepting your order we reserve the right to decline your order for whatever reason.
3. Goods
3.1. Whilst we aim to provide an accurate description of our goods all images are for illustration purposes only and may differ from such images.
3.2. There may be occasions that due to unforeseen circumstances the goods that you have ordered may not be available. In such case we will aim to take the following steps:
3.2.1. we will email or call you on the telephone in order to let you know that the goods that you have ordered are not available. You will have the right to cancel your order at that point without any cost to you.
3.2.2. Unless you cancel as above, or where it is not possible for any reason to communicate with you, we reserve the right to substitute good of a similar description and standard.
3.2.3. If the substituted goods are not acceptable to you then you have the right to return the goods to us within a period of 10 working days from the date of the delivery provided that they are undamaged (including their packaging) and unused.
4. Price and Payment
4.1. The price of the goods will be the price quoted on our website PROVIDED that this price is also confirmed in our e-mail/letter to you accepting your order. If for any reason our website contains a pricing mistake and the price in our confirmation e-mail/letter is different then you will have the right cancel your order without any cost to you.
4.2. There may be instances where due to factors beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture) the price of the goods may change between the date your order is accepted and the date of delivery. In such a case the following apply:
4.2.1. we will inform you by email or telephone of the price change before delivery takes place.
4.2.2. unless you confirm otherwise we will proceed with the delivery and we reserve the right to pass on any such change in the price of goods to you.
4.2.3. If there is such a change in the price of the goods you shall be entitled to cancel your order at any time before delivery.
5. Payment Details
5.1. All payments for goods will be made in accordance with the options stipulated in the order form.
5.2. Once you have submitted to us the completed order form you are deemed to have also provided us with your consent to charge your credit/debit card for the payment
5.3. You will become the full owner of the goods only where the goods have been fully paid for.
5.4. We will issue you with an electronic receipt to your email address once the goods have been dispatched
6. Delivery
6.1. The goods will be delivered to you at the address provided by you on the order form
6.2. You have all responsibility for the goods and you bear all risks once delivery has taken place.
6.3. All delivery dates are approximate and whilst we will try to deliver on the agreed date there may be cases where this might not be possible. We will aim to inform you of any such delays as much in advance as possible. Subject as permitted by law, we do not bear any responsibility whatsoever for any loss that you may incur as a result of a delay in the delivery of the goods.
6.4. Free delivery applies to mainland U.K excluding the highlands and islands. ground floor and suitable access must be available
6.5. In cases where for whatever reason not all of the goods are delivered we do not accept any liability, except as permitted by law, for any loss that you may sustain as a result of the short delivery. In such cases however the following apply:
6.5.1. we will aim to supply the outstanding goods within 10 working days from the date of the first delivery.
6.5.2. if we are unable for whatever reason to supply the outstanding goods within that period of time, you will have the right to cancel your order for the outstanding goods.
7. Return of goods
7.1. In order for you to be able to return the goods the goods must be defective or unfit for their intended use. We will accept return of the goods only if:
7.1.1. in the case of the goods being defective and/or unfit for their intended use, you have notified us of any such defect as soon as such defect should have been reasonably apparent and in any case within a period of 10 days from the date of the delivery;
7.1.2. in the case of them being cosmetically damaged only within 24 hours from the date of the delivery
7.1.3. at our discretion we reserve the right to make a charge of £20.00 per package returned. we will refund the price of the goods (if a refund is applicable) to you less any charges we make when we have received the returned goods.
IF YOU FAIL TO COMPLY WITH THIS CLAUSE YOU WILL LOSE THE RIGHT TO RETURN THE GOODS. PLEASE NOTE THAT AT ALL TIMES YOUR STATUTORY RIGHTS REMAIN UNAFFECTED
8. Your Promise To Us
8.1. When you place your order with us you warrant that:
8.1.1. all details provided on the order form for the purpose of purchasing the goods are correct, and that
8.1.2. you are entitled to proceed with the payment, and that
8.1.3. there are sufficient funds in your account and/or sufficient unused limit available to cover the cost of the goods
9. LIMITATION OF LIABILITY - IMPORTANT
9.1. We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so and we will not be deemed to be in breach of these terms and conditions by reason of any delay in performing, or any failure to perform, any of our obligations in relation to them, if the delay or failure was due to any cause beyond our reasonable control.
9.2. Without prejudice to the generality of the foregoing, the following will be regarded as causes beyond our reasonable control:
9.2.1. Act of God, explosion, flood, tempest, fire or accident;
9.2.2. War or threat of war, sabotage, civil disturbance or requisition;
9.2.3. Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
9.2.4. Import or export regulations or embargoes;
9.2.5. Strikes, lock outs or other industrial actions or trade disputes;
9.2.6. Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
9.2.7. Power failure or breakdown in machinery
9.3 If as a result of the above we unable to fulfil your order for a period of 4 weeks from the date that you placed your order then the following will apply:
9.3.1 we may cancel the order by giving written notice to you;
9.3.2 you may cancel the order by giving written notice to us;
SAVE AS PERMITTED BY LAW IN ALL SUCH CANCELLATIONS AS A RESULT OF THE ABOVE WE ACCEPT NO LIABILITY FOR ANY LOSS OR DAMAGE THAT YOU MIGHT HAVE SUSTAINED BY FAILURE TO PERFORM.
9.4 If you are dealing with us as a consumer in accordance with the provisions of the Unfair Contract Terms Act 1977 you are entitled to the protection afforded to you by this act and your statutory rights remain at all times unaffected.
9.5 If you are dealing with us in the course of your business we regret that we can not provide you with any warranty, guarantee or indemnity as to the quality and or fitness for purpose or otherwise of the goods.
9.6 We are only liable to you in respect of death or personal injury cause as a result of our negligence. In all other cases we do not accept any liability for any loss, damage, costs, expenses or any other claim which arise, directly or indirectly, as a result of the supply of goods.
9.7 Nothing in this section is intended to do away with our responsibilities and obligations in accordance with the provisions of the Sale of Goods Act 1979 and/or the Supply of Goods and Services Act 1973.
10. Intellectual Property
10.1. All copyright is specifically reserved and all trademarks belong to their respective owners.
10.2. You may use the materials contained in this web-site for personal use only. All other uses are expressly excluded.
11. Website
11.1. Please note that mistakes can and do happen. Whilst we will make all reasonable efforts to ensure the accuracy of the contents of our website we can not be held liable for any mistakes, errors or omissions. We welcome enquiries, so please feel free to call us to discuss any matters arising out of our website and its contents.
11.2. All images, including drawings and diagrams, are for guidance purposes only and must not be taken as providing accurate description.
11.3. This website remains at all times the property of LockwoodHume Office Environments and therefore we reserve the right to amend it, alter it, suspend it and discontinue it, whether partially or otherwise, without providing any prior notice. All liability thereof is specifically excluded.