These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 5. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 21st January 2016.
These Terms, and any Contract between us, are only in the English language.
1.1 WHEN THE FOLLOWING WORDS WITH CAPITAL LETTERS ARE USED IN THESE TERMS, THIS IS WHAT THEY WILL MEAN:
Event Outside Our Control: is defined in clause 12.2;
Goods: the Products that We are selling to you as set out in the Order;
Invoice Confirmation: is defined in clause 3.5;
Order: your order for Products as detailed on the order acknowledgement email which you will receive from Us in accordance with the terms of clause 3.4;
We/Our/Us: Long Eaton Appliance Company, whose address is at Unit 1, Acton Avenue, Fields Farm Road, Long Eaton, Nottingham, NG10 1GA;
1.2 WHEN WE USE THE WORDS “WRITING” OR “WRITTEN” IN THESE TERMS, THIS WILL INCLUDE E-MAIL UNLESS WE SAY OTHERWISE.
1.3 A WORKING DAY MEANS ANY DAY EXCEPT A SATURDAY, SUNDAY OR PUBLIC HOLIDAY.
2. [use of our site
Your use of our site is governed by our Terms of website use (found on our Privacy and Usage Policy page). Please take the time to read these, as they include important terms which apply to you.]
3. Our contract with you
3.1 THESE ARE THE TERMS AND CONDITIONS ON WHICH WE SUPPLY GOODS TO YOU.
3.2 IF YOU ARE A CONSUMER, YOU MAY ONLY PURCHASE GOODS FROM OUR SITE IF YOU ARE AT LEAST 18 YEARS OLD.
3.3 OUR SHOPPING PAGES WILL GUIDE YOU THROUGH THE STEPS YOU NEED TO TAKE TO PLACE AN ORDER WITH US. OUR ORDER PROCESS ALLOWS YOU TO CHECK AND AMEND ANY ERRORS BEFORE SUBMITTING YOUR ORDER TO US. PLEASE TAKE THE TIME TO READ AND CHECK YOUR ORDER AT EACH PAGE OF THE ORDER PROCESS.
3.4 AFTER YOU PLACE AN ORDER FOR GOODS, YOU WILL RECEIVE AN E-MAIL FROM US ACKNOWLEDGING THAT WE HAVE RECEIVED YOUR ORDER. HOWEVER, PLEASE NOTE THAT THIS DOES NOT MEAN THAT YOUR ORDER HAS BEEN ACCEPTED. OUR ACCEPTANCE OF YOUR ORDER WILL TAKE PLACE AS DESCRIBED INCLAUSE 3.5.
3.5 WE WILL CONFIRM OUR ACCEPTANCE OF YOUR ORDER BY SENDING YOU AN EMAIL CONTAINING YOUR INVOICE FOR THE GOODS ORDERED (INVOICE CONFIRMATION) TOGETHER WITH DETAILS OF WHETHER THE INVOICE HAS BEEN PAID IN PART OR IN FULL. THE CONTRACT BETWEEN US WILL ONLY BE FORMED WHEN WE SEND YOU THE INVOICE CONFIRMATION.
3.6 IF WE ARE UNABLE TO SUPPLY YOU WITH GOODS, FOR EXAMPLE BECAUSE THOSE GOODS ARE NOT IN STOCK OR NO LONGER AVAILABLE OR BECAUSE WE CANNOT MEET YOUR REQUESTED DELIVERY DATE OR BECAUSE OF AN ERROR IN THE PRICE ON OUR SITE AS REFERRED TO IN CLAUSE 10, WE WILL INFORM YOU OF THIS BY E-MAIL AND WE WILL NOT PROCESS YOUR ORDER. IF YOU HAVE ALREADY PAID FOR THE GOODS, WE WILL REFUND YOU THE FULL AMOUNT INCLUDING ANY DELIVERY COSTS CHARGED AS SOON AS POSSIBLE.
4. our products
4.1 THE IMAGES OF THE GOODS ON OUR WEBSITE OR IN OUR CATALOGUE OR BROCHURE, OR ANY CATALOGUE OR BROCHURE PROVIDED TO YOU, ARE FOR ILLUSTRATIVE PURPOSES ONLY. ALTHOUGH WE HAVE MADE EVERY EFFORT TO DISPLAY THE COLOURS ACCURATELY, WE CANNOT GUARANTEE THAT YOUR COMPUTER’S DISPLAY OF THE COLOURS OR THE PRINTED PICTURES ACCURATELY REFLECT THE COLOUR OF THE GOODS. YOUR GOODS MAY VARY SLIGHTLY FROM THOSE IMAGES.
4.2 ALL EXAMPLES OR SAMPLES OF OUR NATURAL PRODUCTS (WHICH SHALL INCLUDE GRANITE PRODUCTS AND REAL WOOD DOORS, AS WELL AS OTHER NATURAL PRODUCTS) THAT HAVE BEEN SHOWN OR PROVIDED TO YOU, ARE FOR ILLUSTRATIVE PURPOSES ONLY. BY THEIR NATURE, NATURAL PRODUCTS VARY IN TEXTURE, GRAIN AND COLOUR. ALTHOUGH WE WILL MAKE EVERY EFFORT TO ENSURE THAT THE GOODS SUPPLIED INCORPORATING NATURAL PRODUCTS WILL CORRESPOND AS CLOSELY AS POSSIBLE TO SAMPLES OR DISPLAYS PREVIOUSLY VIEWED BY YOU, WE CANNOT GUARANTEE THAT THE END PRODUCT SUPPLIED WILL BE AN EXACT MATCH OF COLOUR AND TEXTURE TO THOSE VIEWED BY YOU.
5. Changes to order or terms
5.1 WE AMEND THESE TERMS FROM TIME TO TIME. PLEASE LOOK AT THE TOP OF THIS PAGE TO SEE WHEN THESE TERMS WERE LAST UPDATED.
5.2 EVERY TIME YOU ORDER GOODS FROM US, THE TERMS IN FORCE AT THE TIME OF YOUR ORDER WILL APPLY TO THE CONTRACT BETWEEN YOU AND US.
5.3 WE MAY REVISE THE ORDER OR THESE TERMS FROM TIME TO TIME IN THE FOLLOWING CIRCUMSTANCES:
(a) changes in relevant laws and regulatory requirements; and
(b) where the manufacturer of the Goods changes its design or specifications; and
(c) where we are notified by Our suppliers that production and delivery times have been changed;
provided that We can only change the Order in the circumstances set out in clause 5.1(b) and 5.1(c) if you confirm to Us that you accept those changes.
5.4 IF WE HAVE TO REVISE THE ORDER OR THESE TERMS AS THEY APPLY TO YOUR ORDER, WE WILL NOTIFY YOU OF ANY PROPOSED CHANGES AS SOON AS POSSIBLE AFTER WE BECOME AWARE OF THOSE CHANGES AND BEFORE THEY TAKE EFFECT. YOU WILL NEED TO DECIDE WHETHER TO ACCEPT THE CHANGES AND CONTINUE WITH THE ORDER OR YOU CAN CHOOSE TO CANCEL THE CONTRACT IN ACCORDANCE WITH CLAUSE 7. WHILST YOU ARE MAKING YOUR DECISION WHETHER OR NOT TO CONTINUE WITH THE ORDER, WE WILL PUT YOUR ORDER ON HOLD UNTIL YOU CONFIRM THAT YOU ACCEPT THE CHANGES AND THAT YOU WILL CONTINUE WITH THE ORDER. THIS IS LIKELY TO AFFECT THE ESTIMATED DELIVERY DATE WHICH YOU HAVE BEEN GIVEN AND WE WILL PROVIDE YOU WITH A NEW ESTIMATED DELIVERY DATE ONCE YOU HAVE CONFIRMED THAT YOU ACCEPT THE CHANGES AND WILL CONTINUE WITH THE ORDER.
5.5 YOU MAY MAKE A CHANGE TO YOUR ORDER FOR GOODS THAT ARE KITCHEN APPLIANCES, AT ANY TIME BEFORE WE DESPATCH THE GOODS, BY CONTACTING US. WE WILL, WHERE POSSIBLE, CONFIRM THE CHANGE TO YOUR ORDER IN WRITING TO YOU. WHERE THIS MEANS A CHANGE IN THE TOTAL PRICE OF THE GOODS, WE WILL NOTIFY YOU OF THE AMENDED PRICE IN WRITING. YOU CAN CHOOSE TO CANCEL THE ORDER IN ACCORDANCE WITH CLAUSE 7 IN THESE CIRCUMSTANCES.
5.6 IF YOU WISH TO CANCEL AN ORDER BEFORE IT HAS BEEN FULFILLED, PLEASE SEE YOUR RIGHT TO DO SO IN CLAUSE 7.
6. Delivery of goods
6.1 PLEASE NOTE THAT TIMESCALES FOR DELIVERY AND DELIVERY CHARGES WILL VARY DEPENDING ON THE AVAILABILITY OF THE GOODS AND YOUR ADDRESS. WE CAN ONLY DELIVER GOODS TO THE UK MAINLAND. PLEASE ALLOW FOR EXTRA TIME FOR DELIVERIES TO SCOTLAND IN PARTICULAR THE SCOTTISH HIGHLANDS.
6.2 WE WILL CONTACT YOU WITH AN ESTIMATED DELIVERY DATE, OR PROVIDE AN ESTIMATED DELIVERY DATE ON YOUR INVOICE CONFIRMATION. OUR ESTIMATED DELIVERY DATES WILL BE DIFFERENT DEPENDING ON WHAT GOODS YOU HAVE ORDERED. THE ESTIMATED DELIVERY DATE FOR GOODS THAT CONSIST OF KITCHEN APPLIANCES WILL BE WITHIN 30 DAYS AFTER THE DAY ON WHICH WE ACCEPT YOUR ORDER. OUR ESTIMATED DELIVERY TIMES ARE NORMALLY MUCH SHORTER THAN THIS, FOR EXAMPLE, OUR ESTIMATED DELIVERY DATES FOR SMALL ITEMS SUCH AS SINKS WILL LIKELY BE BETWEEN 3 AND 5 WORKING DAYS AND FOR LARGER KITCHEN APPLIANCES BETWEEN 5 AND 10 WORKING DAYS. OCCASIONALLY OUR DELIVERY TO YOU MAY BE AFFECTED BY AN EVENT OUTSIDE OUR CONTROL. SEE CLAUSE 12 FOR OUR RESPONSIBILITIES WHEN THIS HAPPENS.
6.3 IF YOU HAVE ASKED TO COLLECT THE GOODS FROM OUR PREMISES, YOU CAN COLLECT THE GOODS FROM US AT ANY TIME DURING OUR WORKING HOURS OF 9AM TO 5.30PM ON WEEKDAYS (EXCEPT BANK HOLIDAYS) AND 9AM TO 4:30PM ON SATURDAYS, BUT YOU SHOULD CALL US TO ARRANGE A CONVENIENT TIME AND DAY TO ENSURE A SMOOTH COLLECTION. YOU WILL BE RESPONSIBLE FOR LOADING ANY GOODS THAT YOU COLLECT FROM US.
6.4 IF WE ARE DELIVERING THE GOODS TO YOU, WE WILL DELIVER THE GOODS TO THE BILLING ADDRESS FOR THE CREDIT OR DEBIT CARD USED TO PAY FOR THE ORDER, OR WHERE ANY OTHER FORM OF PAYMENT HAS BEEN ACCEPTED, THE DELIVERY ADDRESS NOTIFIED BY YOU TO US AS THE ADDRESS FOR DELIVERY OF THE GOODS.
6.5 IF NO ONE IS AVAILABLE AT YOUR ADDRESS TO TAKE DELIVERY, WE WILL LEAVE YOU A NOTE THAT THE GOODS HAVE BEEN RETURNED TO OUR PREMISES, IN WHICH CASE, PLEASE CONTACT US TO REARRANGE DELIVERY.
6.6 WE WILL DELIVER TO THE GROUND FLOOR ONLY OF YOUR DELIVERY ADDRESS PROVIDED THERE IS UNRESTRICTED ACCESS TO THAT ADDRESS. WE CONSIDER DELIVERY ACCESS TO BE RESTRICTED IF OUR DELIVERY DRIVERS ARE FACED WITH THE FOLLOWING:
(a) Double yellow lines;
(b) Red routes;
(c) Narrow lanes;
(d) Steep hills;
(e) Low bridges;
(f) Width restricted roads;
(g) Property on an upper floor with no lift;
(h) Basement property via steps; or
(i) Small lifts.
IF YOU DO HAVE RESTRICTED ACCESS, YOU MUST CONFIRM THIS AT THE TIME OF PLACING YOUR ORDER BY CALLING OR EMAILING OUR CUSTOMER SERVICE DEPARTMENT (SALES@LEACO.CO.UK WHO WILL CONFIRM IF DELIVERY TO YOUR ADDRESS WILL BE POSSIBLE AND WHETHER ANY ADDITIONAL DELIVERY CHARGE WILL BE PAYABLE. IF DELIVERY IS POSSIBLE, SPECIAL DELIVERY INSTRUCTIONS WILL BE PASSED TO OUR DELIVERY DRIVER. IF RESTRICTED ACCESS IS NOT NOTIFIED TO US PRIOR TO PLACING YOUR ORDER OR PRIOR TO DELIVERY OF YOUR GOODS, THEN WE MAY HAVE TO LEAVE THE GOODS AT GROUND FLOOR LEVEL, OR REFUSE TO MAKE THE DELIVERY AND YOU WILL HAVE TO ARRANGE COLLECTION FROM OUR PREMISES.
6.7 IF WE ARE NOT ABLE TO DELIVER THE WHOLE OF THE ORDER AT ONE TIME DUE TO OPERATIONAL REASONS OR SHORTAGE OF STOCK, WE WILL DELIVER THE ORDER IN INSTALMENTS. WE WILL NOT CHARGE YOU EXTRA DELIVERY COSTS FOR THIS.
6.8 IF WE ATTEMPT TO DELIVER THE GOODS TO YOU ON THE AGREED DELIVERY DATE BUT ARE UNABLE TO DO SO DUE TO YOU NOT BEING AT THE DELIVERY ADDRESS, OR DUE TO RESTRICTED ACCESS (AS SET OUT IN CLAUSE 6.6) THAT HAS NOT PREVIOUSLY BEEN NOTIFIED TO US AND AGREED IN ADVANCE, WE WILL RETURN THE GOODS TO OUR WAREHOUSE AND STORE THE GOODS FOR YOU UNTIL WE CAN REARRANGE DELIVERY TO YOU. WE MAY CHARGE YOU A FAILED DELIVERY CHARGE OF £48 TO COVER THE ADDITIONAL COSTS OF HAVING TO RETURN TO YOUR ADDRESS A SECOND TIME TO DELIVER THE GOODS AND THERE MAY BE AN ADDITIONAL REASONABLE CHARGE FOR STORING THE ITEMS FOR YOU UNTIL ACTUAL DELIVERY.
6.9 IF WE MISS THE 30 DAY DELIVERY DEADLINE FOR ANY GOODS THAT CONSIST OF KITCHEN APPLIANCES (AS SET OUT IN CLAUSE 6.2 ABOVE) THEN YOU MAY CANCEL YOUR ORDER STRAIGHT AWAY IF ANY OF THE FOLLOWING APPLY:
(a) We have refused to deliver the Goods;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told Us before we accepted your Order that delivery within the delivery deadline was essential.
6.10 IF YOU DO NOT WISH TO CANCEL YOUR ORDER STRAIGHT AWAY, OR DO NOT HAVE THE RIGHT TO DO SO UNDER CLAUSE 6.8, YOU CAN GIVE US A NEW DEADLINE FOR DELIVERY, WHICH MUST BE REASONABLE, AND YOU CAN CANCEL YOUR ORDER IF WE DO NOT MEET THE NEW DEADLINE.
6.11 IF YOU DO CHOOSE TO CANCEL YOUR ORDER FOR LATE DELIVERY UNDER CLAUSE 6.8 OR CLAUSE 6.9, YOU CAN DO SO FOR JUST SOME OF THE GOODS OR ALL OF THEM, UNLESS SPLITTING THEM UP WOULD SIGNIFICANTLY REDUCE THEIR VALUE. IF THE GOODS HAVE BEEN DELIVERED TO YOU, YOU WILL HAVE TO RETURN THEM TO US OR ALLOW US TO COLLECT THEM, AND WE WILL PAY THE COSTS OF THIS. AFTER YOU CANCEL YOUR ORDER AND ANY GOODS HAVE BEEN RETURNED TO US, WE WILL REFUND ANY SUMS YOU HAVE PAID TO US FOR THE CANCELLED GOODS AND THEIR DELIVERY. IF THE GOODS HAVE BEEN DELIVERED TO YOU AND YOU INTEND TO CANCEL YOUR ORDER FOR LATE DELIVERY UNDER CLAUSE 6.8 OR CLAUSE 6.9, THEN YOU SHOULD NOT UN-PACKAGE OR UNWRAP THE GOODS AS YOU DO NOT INTEND TO KEEP THEM. IF YOU DO UNWRAP THE GOODS, OR RETURN THEM IN PACKAGING WHICH IS NOT THE ORIGINAL PACKAGING, THEN WE CANNOT RE-SELL THOSE ITEMS AS “NEW”. IN THESE CIRCUMSTANCES WE MAY CHARGE YOU FOR THE REASONABLE COST OF REPACKAGING THE GOODS WHICH IS LIKELY TO BE IN THE REGION OF £25 (INCLUSIVE OF VAT).
6.12 DELIVERY OF AN ORDER SHALL BE COMPLETED WHEN WE DELIVER THE GOODS TO THE DELIVERY ADDRESS (AS DESCRIBED IN CLAUSE 6.4) OR YOU OR A CARRIER ORGANISED BY YOU, COLLECT THEM FROM US, AND THE GOODS WILL BE YOUR RESPONSIBILITY FROM THAT TIME.
6.13 YOU OWN THE GOODS ONCE WE HAVE RECEIVED PAYMENT IN FULL.
6.14 UPON DELIVERY, OR COLLECTION, OF THE GOODS, YOU MUST SIGN THE RELEVANT DELIVERY NOTE (OR COLLECTION NOTE) PRODUCED BY US TO CONFIRM PROOF OF DELIVERY (OR COLLECTION) OF THE GOODS. IF SOMEONE OTHER THAN YOU ACCEPTS DELIVERY OF THE GOODS ON YOUR BEHALF THEN YOU MUST ENSURE THAT THEY ALSO SIGN THE RELEVANT DELIVERY NOTE (OR COLLECTION NOTE) PRODUCED BY US TO CONFIRM PROOF OF DELIVERY (OR COLLECTION) OF THE GOODS AND WE ARE ENTITLED TO ACCEPT THAT SIGNATURE AND RELY UPON IT. WHEN WE DELIVER THE GOODS TO YOUR DELIVERY ADDRESS, OR YOU COLLECT THE GOODS FROM OUR PREMISES, YOU MUST INSPECT THE GOODS FOR ANY VISIBLE SIGNS OF DAMAGE BEFORE ACCEPTING DELIVERY OR COLLECTING THE GOODS. IF SOMEONE ELSE IS AT YOUR DELIVERY ADDRESS TO ACCEPT DELIVERY OF THE GOODS FROM US, YOU MUST ENSURE THAT THE PERSON ACCEPTING DELIVERY AND SIGNING THE DELIVERY NOTE INSPECTS THE GOODS FOR ANY VISIBLE SIGNS OF DAMAGE BEFORE ACCEPTING DELIVERY OF THE GOODS. IF THERE ARE VISIBLE SIGNS THAT THE GOODS ARE DAMAGED, YOU (OR THE PERSON AT YOUR DELIVERY ADDRESS WHO IS ACCEPTING DELIVERY) SHOULD REFUSE DELIVERY (OR COLLECTION), AND WRITE ON THE DELIVERY NOTE (OR COLLECTION NOTE) DETAILS OF THE DAMAGE AND THAT YOU ARE NOT ACCEPTING THE GOODS, AND THEN YOU SHOULD ADVISE US OF THE PROBLEM BY TELEPHONE OR BY EMAIL TO SALES@LEACO.CO.UK AS SOON AS POSSIBLE.
6.15 IF YOU NEED TO CHANGE AN AGREED DELIVERY DATE FOR AN ORDER FOR A KITCHEN APPLIANCE, YOU MUST DO SO BY CONTACTING OUR CUSTOMER SERVICE DEPARTMENT AS SOON AS POSSIBLE AND AT LEAST 24 HOURS BEFORE THE AGREED DELIVERY DATE, OTHERWISE WE MAY HAVE TO CHARGE YOU AN ADDITIONAL DELIVERY AMOUNT FOR THE COSTS INCURRED FOR CANCELLING AND REARRANGING THE ORIGINAL DELIVERY DATE.
7. your rights of return and refund
7.1 YOU HAVE A LEGAL RIGHT TO CANCEL A CONTRACT DURING THE PERIOD SET OUT BELOW IN CLAUSE 7.2. THIS MEANS THAT DURING THE RELEVANT PERIOD IF YOU CHANGE YOUR MIND OR DECIDE FOR ANY OTHER REASON THAT YOU DO NOT WANT TO RECEIVE OR KEEP ANY GOODS, YOU CAN NOTIFY US OF YOUR DECISION TO CANCEL THE CONTRACT AND RECEIVE A REFUND. ADVICE ABOUT YOUR LEGAL RIGHT TO CANCEL THE CONTRACT IS AVAILABLE FROM YOUR LOCAL CITIZENS’ ADVICE BUREAU OR TRADING STANDARDS OFFICE.
7.2 YOUR LEGAL RIGHT TO CANCEL A CONTRACT STARTS FROM THE DATE OF THE INVOICE CONFIRMATION (THE DATE ON WHICH WE E-MAIL YOU TO CONFIRM OUR ACCEPTANCE OF YOUR ORDER), WHICH IS WHEN THE CONTRACT BETWEEN US IS FORMED. YOUR DEADLINE FOR CANCELLING THE CONTRACT THEN DEPENDS ON WHAT YOU HAVE ORDERED AND HOW IT IS DELIVERED, AS SET OUT IN THE TABLE BELOW:
END OF THE CANCELLATION PERIOD
YOUR CONTRACT IS FOR A SINGLE PRODUCT (WHICH IS NOT DELIVERED IN INSTALMENTS ON SEPARATE DAYS).
THE END DATE IS THE END OF 14 DAYS AFTER THE DAY ON WHICH YOU RECEIVE THE PRODUCT.
EXAMPLE: IF WE PROVIDE YOU WITH AN INVOICE CONFIRMATION ON 1 JANUARY AND YOU RECEIVE THE PRODUCT ON 10 JANUARY YOU MAY CANCEL AT ANY TIME BETWEEN 1 JANUARY AND THE END OF THE DAY ON 24 JANUARY.
YOUR CONTRACT IS FOR EITHER OF THE FOLLOWING:
(A) ONE PRODUCT WHICH IS DELIVERED IN INSTALMENTS ON SEPARATE DAYS.
(B) MULTIPLE PRODUCTS WHICH ARE DELIVERED ON SEPARATE DAYS.
THE END DATE IS 14 DAYS AFTER THE DAY ON WHICH YOU RECEIVE THE LAST INSTALMENT OF THE PRODUCT OR THE LAST OF THE SEPARATE PRODUCTS ORDERED.
EXAMPLE: IF WE PROVIDE YOU WITH AN INVOICE CONFIRMATION ON 1 JANUARY AND YOU RECEIVE THE FIRST INSTALMENT OF YOUR PRODUCT OR THE FIRST OF YOUR SEPARATE PRODUCTS ON 10 JANUARY AND THE LAST INSTALMENT OR LAST SEPARATE PRODUCT ON 15 JANUARY, YOU MAY CANCEL IN RESPECT OF ALL INSTALMENTS AND ANY OR ALL OF THE SEPARATE PRODUCTS AT ANY TIME BETWEEN 1 JANUARY AND THE END OF THE DAY ON 29 JANUARY.
7.3 TO CANCEL A CONTRACT, YOU JUST NEED TO LET US KNOW THAT YOU HAVE DECIDED TO CANCEL. THE EASIEST WAY TO DO THIS IS TO COMPLETE THE CANCELLATION FORM ON OUR WEBSITE. IF YOU USE THIS METHOD WE WILL E-MAIL YOU TO CONFIRM WE HAVE RECEIVED YOUR CANCELLATION.
7.4 YOU CAN ALSO E-MAIL US AT SALES@LEACO.CO.UK OR CONTACT OUR CUSTOMER SERVICES TEAM BY TELEPHONE ON 0115 946 2555 OR BY POST TO UNIT 1, ACTON AVENUE, FIELDS FARM ROAD, LONG EATON, NOTTINGHAM, NG10 1GA. IF YOU ARE E-MAILING US OR WRITING TO US PLEASE INCLUDE DETAILS OF YOUR ORDER TO HELP US TO IDENTIFY IT. IF YOU SEND US YOUR CANCELLATION NOTICE BY E-MAIL OR BY POST, THEN YOUR CANCELLATION IS EFFECTIVE FROM THE DATE YOU SEND US THE E-MAIL OR POST THE LETTER TO US. FOR EXAMPLE, YOU WILL HAVE GIVEN US NOTICE IN TIME AS LONG AS YOU GET YOUR LETTER INTO THE LAST POST ON THE LAST DAY OF THE CANCELLATION PERIOD OR E-MAIL US BEFORE MIDNIGHT ON THAT DAY.
7.5 IF YOU CANCEL YOUR CONTRACT WE WILL:
(a) refund you the price you paid for the Goods. However, please note We are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If you intend to return any Goods received (other than because those Goods are faulty or mis-described) then you should not un-package or unwrap the Goods as you do not intend to keep them. If you do unwrap the Goods, or return them in packaging which is not the original packaging, then We cannot re-sell those items as “new”. In these circumstances We may charge you for the reasonable cost of repackaging the Goods which is likely to be in the region of £25 (inclusive of VAT). If We refund you the price paid before We are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay Us an appropriate amount.
(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method We offer (provided that this is a common and generally acceptable method). For example, if We offer delivery of Goods within 3-5 days at one cost but you choose to have the Goods delivered within 24 hours at a higher cost, then We will only refund what you would have paid for the cheaper delivery option.
(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(i) if you have received the Goods and We have not offered to collect them from you: 14 days after the day on which We receive the Goods back from you or, if earlier, the day on which you provide Us with evidence that you have sent the Goods back to Us. For information about how to return Goods to Us, see clause 7.9;
(ii) if you have not received the Goods or you have received them and We have offered to collect them from you: 14 days after you inform Us of your decision to cancel the Contract.
7.6 IF YOU HAVE RETURNED ANY GOODS TO US UNDER THIS CLAUSE 7 BECAUSE THEY ARE FAULTY OR MIS-DESCRIBED, WE WILL REFUND THE PRICE OF THE GOODS IN FULL, TOGETHER WITH ANY APPLICABLE DELIVERY CHARGES, AND ANY REASONABLE COSTS YOU INCUR IN RETURNING THE ITEM TO US.
7.7 IF YOU CHOOSE TO CANCEL ANY CONTRACT FOR GOODS UNDER THIS CLAUSE 7 BECAUSE (I) WE CHANGE THESE TERMS TO YOUR MATERIAL DISADVANTAGE UNDER CLAUSE 5.4, (II) YOU AMEND YOUR ORDER BEFORE DISPATCH AND THIS INCREASES THE PRICE YOU HAVE TO PAY UNDER CLAUSE 5.5, OR (III) WE ARE AFFECTED BY AN EVENT OUTSIDE OUR CONTROL (AS DESCRIBED IN CLAUSE 12), WE WILL REFUND THE PRICE OF THE GOODS IN FULL, TOGETHER WITH ANY APPLICABLE DELIVERY CHARGES, AND ANY REASONABLE COSTS YOU INCUR IN RETURNING THE ITEM TO US.
7.8 WE WILL REFUND YOU ON THE CREDIT CARD OR DEBIT CARD USED BY YOU TO PAY. IF YOU USED VOUCHERS TO PAY FOR THE GOODS WE MAY REFUND YOU IN VOUCHERS. IF YOU PAID BY CHEQUE OR ANY OTHER FORM OF PAYMENT NOT ALREADY DESCRIBED, WE WILL CONTACT YOU FOR DETAILS OF WHERE AND HOW YOU WOULD LIKE US TO SEND YOUR REFUND.
7.9 IF GOODS HAVE BEEN DELIVERED TO YOU BEFORE YOU DECIDE TO CANCEL YOUR CONTRACT:
(a) then you must return them to Us without undue delay and in any event not later than 30 days after the day on which you let Us know that you wish to cancel the Contract. You can either send them back or return them to Us at our premises at Unit 1, Acton Avenue, Fields Farm Road, Long Eaton, Nottingham, NG10 1GA or pass them to Our authorised carrier. If We have offered to collect the Goods from you, We will collect the Goods from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
(b) unless the Goods are faulty or not as described (in this case, see clause 7.6), you will be responsible for the cost of returning the Goods to Us. If the Goods are such that cannot be returned by post, We estimate that if you use the carrier which delivered the Goods to you, these costs should not exceed the sums We charged you for delivery. If We have offered to collect the Goods from you, We will charge you the direct cost to Us of collection. For example, We charge between £50 and £200 (inclusive of VAT) per item which is dependent upon the size of the item and your location.
7.10 UNFORTUNATELY, AS MADE-TO-MEASURE GOODS ARE MADE TO YOUR REQUIREMENTS, YOU WILL NOT BE ABLE TO CANCEL YOUR ORDER ONCE MADE (BUT THIS WILL NOT AFFECT YOUR LEGAL RIGHTS AS A CONSUMER IN RELATION TO MADE-TO-MEASURE GOODS THAT ARE FAULTY OR NOT AS DESCRIBED).
7.11 IF YOU ARE A CONSUMER, YOUR LEGAL RIGHTS DESCRIBED IN CLAUSE 9 ARE NOT AFFECTED BY YOUR RIGHT OF RETURN AND REFUND IN THIS CLAUSE 7 OR ANYTHING ELSE IN THESE TERMS. ADVICE ABOUT YOUR LEGAL RIGHTS IS AVAILABLE FROM YOUR LOCAL CITIZENS’ ADVICE BUREAU OR TRADING STANDARDS OFFICE.
8. Third-party manufacturer’s guarantee of goods
8.1 THE GOODS COME WITH A MANUFACTURER’S GUARANTEE. FOR DETAILS, PLEASE REFER TO THE MANUFACTURER’S GUARANTEE PROVIDED WITH THE GOODS.
8.2 THIS GUARANTEE IS IN ADDITION TO, AND DOES NOT AFFECT, YOUR LEGAL RIGHTS IN RELATION TO THE GOODS THAT ARE FAULTY OR NOT AS DESCRIBED. ADVICE ABOUT YOUR LEGAL RIGHTS IS AVAILABLE FROM YOUR LOCAL CITIZENS’ ADVICE BUREAU OR TRADING STANDARDS OFFICE.
9. if the goods are faulty
9.1 IF YOU ARE A CONSUMER, YOU HAVE LEGAL RIGHTS IN RELATION TO GOODS THAT ARE FAULTY OR NOT AS DESCRIBED. WE ARE UNDER A LEGAL DUTY TO SUPPLY GOODS THAT ARE IN CONFORMITY WITH THIS CONTRACT. ADVICE ABOUT YOUR LEGAL RIGHTS IS AVAILABLE FROM YOUR LOCAL CITIZENS’ ADVICE BUREAU OR TRADING STANDARDS OFFICE. NOTHING IN THESE TERMS WILL AFFECT THESE LEGAL RIGHTS.
9.2 WHERE WE SUPPLY A REPLACEMENT FOR ANY GOODS THAT ARE FAULTY AND WE WERE RESPONSIBLE FOR INSTALLING THE ORIGINAL ITEM, WE WILL INSTALL THE REPLACEMENT ITEM AT NO COST. IF WE SUPPLY A REPLACEMENT FOR ANY GOODS SUPPLIED BY US BUT INSTALLED BY A THIRD PARTY, WE WILL DELIVER THE REPLACEMENT GOODS TO YOUR DELIVERY ADDRESS BUT YOU WILL BE RESPONSIBLE FOR ARRANGING FOR THE ITEM TO BE INSTALLED. WE WILL NOT BE RESPONSIBLE FOR INSTALLING ANY REPLACEMENT GOODS WHERE WE WERE NOT RESPONSIBLE FOR INSTALLING THE ORIGINAL ITEM.
10. Price and payment
10.1 THE PRICE OF THE GOODS WILL BE AS QUOTED ON OUR SITE AT THE TIME YOU SUBMIT YOUR ORDER. OUR PRICES MAY CHANGE AT ANY TIME, BUT PRICE CHANGES WILL NOT AFFECT ORDERS THAT WE HAVE CONFIRMED WITH YOU.
10.2 THESE PRICES INCLUDE VAT. HOWEVER, IF THE RATE OF VAT CHANGES BETWEEN THE DATE OF THE ORDER AND THE DATE OF DELIVERY OR PERFORMANCE, WE WILL ADJUST THE RATE OF VAT THAT YOU PAY, UNLESS YOU HAVE ALREADY PAID FOR THE GOODS IN FULL BEFORE THE CHANGE IN THE RATE OF VAT TAKES EFFECT.
10.3 THE PRICES FOR THE GOODS EXCLUDE DELIVERY COSTS UNLESS WE SAY OTHERWISE ON YOUR ORDER. WHERE DELIVERY IS AN EXTRA CHARGE, THE AMOUNT WILL BE CLEARLY NOTED ON YOUR INVOICE CONFIRMATION AND THE COST WILL BE ADDED TO THE TOTAL AMOUNT DUE.
10.4 OUR SITE CONTAINS A LARGE NUMBER OF PRODUCTS. IT IS ALWAYS POSSIBLE THAT, DESPITE OUR BEST EFFORTS, SOME OF THE PRODUCTS WE SELL MAY BE INCORRECTLY PRICED. IF THE CORRECT PRICE OF GOODS ORDERED BY YOU IS HIGHER THAN THE PRICE STATED BY US, WE WILL CONTACT YOU TO TELL YOU AND WE WILL GIVE YOU THE OPTION OF CONTINUING TO PURCHASE THE GOODS AT THE CORRECT PRICE OR CANCELLING YOUR ORDER. WE WILL NOT PROCESS YOUR ORDER UNTIL WE HAVE YOUR INSTRUCTIONS. IF WE ARE UNABLE TO CONTACT YOU USING THE CONTACT DETAILS YOU PROVIDED DURING THE ORDER PROCESS, WE WILL TREAT THE ORDER AS CANCELLED AND NOTIFY YOU IN WRITING. IF THE PRICING ERROR IS OBVIOUS AND UNMISTAKEABLE AND COULD HAVE REASONABLY BEEN RECOGNISED BY YOU AS A MISPRICING, WE DO NOT HAVE TO PROVIDE THE GOODS TO YOU AT THE INCORRECT (LOWER) PRICE.
10.5 YOU MUST MAKE PAYMENT FOR THE GOODS INCLUDED IN YOUR ORDER AND ALL DELIVERY CHARGES, IN ADVANCE. WE MAY NOT DELIVER ANY GOODS TO YOU ON ANY AGREED DELIVERY DATE IF PAYMENT HAS NOT BEEN RECEIVED IN THIS WAY.
10.6 IF YOU DO NOT MAKE ANY PAYMENT DUE TO US BY THE DUE DATE FOR PAYMENT, WE MAY CHARGE INTEREST TO YOU ON THE OVERDUE AMOUNT AT THE RATE OF 3% A YEAR ABOVE THE BASE LENDING RATE OF THE BANK OF ENGLAND FROM TIME TO TIME. THIS INTEREST SHALL ACCRUE ON A DAILY BASIS FROM THE DUE DATE UNTIL THE DATE OF ACTUAL PAYMENT OF THE OVERDUE AMOUNT, WHETHER BEFORE OR AFTER JUDGMENT. YOU MUST PAY US INTEREST TOGETHER WITH ANY OVERDUE AMOUNT.
10.7 HOWEVER, IF YOU DISPUTE AN INVOICE IN GOOD FAITH AND CONTACT US TO LET US KNOW PROMPTLY AFTER YOU HAVE RECEIVED AN INVOICE THAT YOU DISPUTE IT, CLAUSE 10.6 WILL NOT APPLY FOR THE PERIOD OF THE DISPUTE.
10.8 WE RESERVE THE RIGHT WHEN RECEIVING PAYMENT BY CREDIT CARD TO PASS ON TO YOU THE REASONABLE COST OF ANY CARD PROCESSING CHARGES MADE BY THE RELEVANT CREDIT CARD PROVIDER.
11. Our liability to you
11.1 IF WE FAIL TO COMPLY WITH THESE TERMS, WE ARE RESPONSIBLE FOR LOSS OR DAMAGE YOU SUFFER THAT IS A FORESEEABLE RESULT OF OUR BREACH OF THE TERMS OR OUR NEGLIGENCE, BUT WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF IT IS AN OBVIOUS CONSEQUENCE OF OUR BREACH OR IF IT WAS CONTEMPLATED BY YOU AND US AT THE TIME WE ENTERED INTO THIS CONTRACT.
11.2 IF WE ARE INSTALLING THE GOODS IN YOUR PROPERTY, WE WILL MAKE GOOD ANY DAMAGE TO YOUR PROPERTY CAUSED BY US IN THE COURSE OF INSTALLATION OR PERFORMANCE. HOWEVER, WE ARE NOT RESPONSIBLE FOR THE COST OF REPAIRING ANY PRE-EXISTING FAULTS OR DAMAGE TO YOUR PROPERTY THAT WE DISCOVER IN THE COURSE OF INSTALLATION AND/OR PERFORMANCE BY US.
11.3 WE ONLY SUPPLY THE GOODS FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE THE GOODS FOR ANY COMMERCIAL, BUSINESS OR RE-SALE PURPOSE, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
11.4 WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY FOR:
(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
12. Events Outside Our Control
12.1 WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM, OR DELAY IN PERFORMANCE OF, ANY OF OUR OBLIGATIONS UNDER THESE TERMS THAT IS CAUSED BY AN EVENT OUTSIDE OUR CONTROL.
12.2 AN EVENT OUTSIDE OUR CONTROL MEANS ANY ACT OR EVENT BEYOND OUR REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION STRIKES, LOCK-OUTS OR OTHER INDUSTRIAL ACTION BY THIRD PARTIES, CIVIL COMMOTION, RIOT, INVASION, TERRORIST ATTACK OR THREAT OF TERRORIST ATTACK, WAR (WHETHER DECLARED OR NOT) OR THREAT OR PREPARATION FOR WAR, FIRE, EXPLOSION, STORM, FLOOD, EARTHQUAKE, SUBSIDENCE, EPIDEMIC OR OTHER NATURAL DISASTER, OR FAILURE OF PUBLIC OR PRIVATE TELECOMMUNICATIONS NETWORKS.
12.3 IF AN EVENT OUTSIDE OUR CONTROL TAKES PLACE THAT AFFECTS THE PERFORMANCE OF OUR OBLIGATIONS UNDER THESE TERMS:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Goods to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
12.4 YOU MAY CANCEL THE CONTRACT IF AN EVENT OUTSIDE OUR CONTROL TAKES PLACE AND YOU NO LONGER WISH US TO PROVIDE THE GOODS. PLEASE SEE YOUR CANCELLATION RIGHTS UNDER CLAUSE 7. WE WILL ONLY CANCEL THE CONTRACT IF THE EVENT OUTSIDE OUR CONTROL CONTINUES FOR LONGER THAN 12 WEEKS IN ACCORDANCE WITH OUR CANCELLATION RIGHTS IN CLAUSE 13.
13. Our rights to cancel and applicable refund
We may have to cancel an Order before the Goods are delivered, due to an Event Outside Our Control or the unavailability of stock. If this happens:
(a) We will promptly contact you to let you know;
(b) if you have made any payment in advance for Goods that have not been delivered to you, We will refund these amounts to you;
(c) where We have already started work on your Order for made-to-measure Goods by the time We have to cancel under clause this 13, We will not charge you anything and you will not have to make any payment to Us.
14. Information about us and how to contact us
14.1 WE OPERATE THE WEBSITE WWW.LONGEATONAPPLIANCES.CO.UK. WE ARE A LIMITED COMPANY ESTABLISHED IN ENGLAND AND WALES. OUR ADDRESS IS UNIT 1, ACTON AVENUE, FIELDS FARM ROAD, LONG EATON, NOTTINGHAM, NG10 1GA. OUR REGISTERED VAT NUMBER IS 809 405 237.
14.2 TO CANCEL A CONTRACT IN ACCORDANCE WITH YOUR LEGAL RIGHT TO DO SO AS SET OUT IN CLAUSE 7, YOU JUST NEED TO LET US KNOW THAT YOU HAVE DECIDED TO CANCEL. THE EASIEST WAY TO DO THIS IS TO E-MAIL US AT SALES@LEACO.CO.UK OR CONTACT OUR CUSTOMER SERVICES TEAM BY TELEPHONE ON 0115 946 2555. IF YOU ARE EMAILING US OR CALLING US PLEASE INCLUDE DETAILS OF YOUR ORDER TO HELP US TO IDENTIFY IT. IF YOU SEND US YOUR CANCELLATION NOTICE BY E-MAIL, THEN YOUR CANCELLATION IS EFFECTIVE FROM THE DATE YOU SEND US THE E-MAIL.
14.3 IF YOU WISH TO CONTACT US FOR ANY OTHER REASON, INCLUDING BECAUSE YOU HAVE ANY COMPLAINTS, YOU CAN CONTACT US BY TELEPHONING OUR CUSTOMER SERVICE TEAM AT 0115 946 2555 OR BY E-MAILING US AT SALES@LEACO.CO.UK.
14.4 IF YOU WISH TO CONTACT US IN WRITING, OR IF ANY CLAUSE IN THESE TERMS REQUIRES YOU TO GIVE US NOTICE IN WRITING (FOR EXAMPLE, TO CANCEL THE CONTRACT), YOU CAN SEND THIS TO US BY E-MAIL, BY HAND, OR BY PRE-PAID POST TO LONG EATON APPLIANCE COMPANY AT UNIT 1, ACTON AVENUE, FIELDS FARM ROAD, LONG EATON, NOTTINGHAM, NG10 1GA OR SALES@LEACO.CO.UK. WE WILL CONFIRM RECEIPT OF THIS BY CONTACTING YOU IN WRITING.
14.5 IF WE HAVE TO CONTACT YOU OR GIVE YOU NOTICE IN WRITING, WE WILL DO SO BY E-MAIL, BY HAND, OR BY PRE-PAID POST TO THE ADDRESS YOU PROVIDE TO US IN YOUR ORDER.
15. How we may use your personal information
15.2 WE WILL USE THE PERSONAL INFORMATION YOU PROVIDE TO US TO:
(a) provide the Goods;
(b) process your payment for such Goods; and
(c) inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
15.3 YOU AGREE THAT WE MAY PASS YOUR PERSONAL INFORMATION TO CREDIT REFERENCE AGENCIES AND THAT THEY MAY KEEP A RECORD OF ANY SEARCH THAT THEY DO.
15.4 WE WILL NOT GIVE YOUR PERSONAL DATA TO ANY OTHER THIRD PARTY.
16. Other important terms
16.1 WE MAY TRANSFER OUR RIGHTS AND OBLIGATIONS UNDER THESE TERMS TO ANOTHER ORGANISATION, AND WE WILL ALWAYS TELL YOU IN WRITING IF THIS HAPPENS, BUT THIS WILL NOT AFFECT YOUR RIGHTS UNDER THE CONTRACT OR THE OBLIGATIONS OWED TO YOU UNDER THE CONTRACT.
16.2 YOU MAY TRANSFER THE BENEFIT OF THE GUARANTEE IN CLAUSE 8.1 TO ANY PURCHASER OF YOUR GOODS. YOU MAY ONLY TRANSFER YOUR OTHER RIGHTS OR YOUR OBLIGATIONS UNDER THESE TERMS TO ANOTHER PERSON IF WE AGREE IN WRITING.
16.3 THIS CONTRACT IS BETWEEN YOU AND US. NO OTHER PERSON SHALL HAVE ANY RIGHTS TO ENFORCE ANY OF ITS TERMS. HOWEVER, THE PURCHASER OF YOUR GOODS WILL HAVE THE BENEFIT OF THE GUARANTEE AT CLAUSE 8.1 IF YOU TRANSFER IT TO THEM, BUT WE AND YOU WILL NOT NEED THEIR CONSENT TO CANCEL OR MAKE ANY CHANGES TO THESE TERMS.
16.4 EACH OF THE PARAGRAPHS OF THESE TERMS OPERATES SEPARATELY. IF ANY COURT OR RELEVANT AUTHORITY DECIDES THAT ANY OF THEM ARE UNLAWFUL, THE REMAINING PARAGRAPHS WILL REMAIN IN FULL FORCE AND EFFECT.
16.5 IF WE FAIL TO INSIST THAT YOU PERFORM ANY OF YOUR OBLIGATIONS UNDER THESE TERMS, OR IF WE DO NOT ENFORCE OUR RIGHTS AGAINST YOU, OR IF WE DELAY IN DOING SO, THAT WILL NOT MEAN THAT WE HAVE WAIVED OUR RIGHTS AGAINST YOU AND WILL NOT MEAN THAT YOU DO NOT HAVE TO COMPLY WITH THOSE OBLIGATIONS. IF WE DO WAIVE A DEFAULT BY YOU, WE WILL ONLY DO SO IN WRITING, AND THAT WILL NOT MEAN THAT WE WILL AUTOMATICALLY WAIVE ANY LATER DEFAULT BY YOU.
16.6 THESE TERMS ARE GOVERNED BY ENGLISH LAW. YOU AND WE BOTH AGREE TO SUBMIT TO THE NON-EXCLUSIVE JURISDICTION OF THE ENGLISH COURTS. HOWEVER, IF YOU ARE A RESIDENT OF NORTHERN IRELAND YOU MAY ALSO BRING PROCEEDINGS IN NORTHERN IRELAND, AND IF YOU ARE A RESIDENT IN SCOTLAND, YOU MAY ALSO BRING PROCEEDINGS IN SCOTLAND.
Where we cannot resolve any complaints using our own complaints procedure, as a Which? Trusted trader we use Dispute Resolution Ombudsman for dispute resolution. In the unlikely event of a complaint arising and you wish to refer the complaint to them please contact 0333 241 3209 or via their website http://www.disputeresolutionombudsman.org/which-trusted-traders-partnership/
Still not sure? Need more information?? Call our customer care team on 0115 946 2555 or to reach us out of hours email us on firstname.lastname@example.org.