TERMS AND CONDITIONS OF SALE OF LECHENO LTD
VAT No.: GB264605600
Company No.: 9948974
1 DEFINITIONS
1.1"Buyer" means the individual or organization who buys or agrees to buy the Goods from the Seller.
1.2"Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.
1.3"Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions.
1.4"Goods" means the articles that the Buyer agrees to buy from the Seller.
1.5"Seller" means the eBay seller “a-lecheno” operating from LECHENO, 50, Block D Alto, Sillavan Way, Salford, M3 6GF.
1.6"Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller.
2 CONDITIONS
2.1Nothing in these Terms and Conditions shall affect the Buyers statutory rights as a Consumer.
2.2These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyers acceptance of these Terms and Conditions.
2.4Any variation to these Terms and Conditions (including any special terms and conditions agreed & between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.5Any complaints should be addressed to the Seller's address stated in clause 1.5.
3 ORDERING
3.1All orders for Goods are available to the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 14 days at least.
4 PRICE AND PAYMENT
4.1The price of the Goods shall be that stipulated on the eBay. The price is INCLUSIVE of VAT. The price EXCLUDES delivery charges and duties and taxes of customs clearance.
4.2The total purchase price, including VAT pus delivery charges, will be displayed in the Buyers shopping cart prior to confirming the order.
5 RIGHTS OF SELLER
5.1The Seller reserves the right to periodically update prices on the eBay, which cannot be guaranteed for any period of time.
5.2The Seller reserves the right to withdraw any Goods from the eBay at any time.
5.3The Seller shall not be liable to anyone for withdrawing any Goods from the eBay or for refusing to process an order.
6 DELIVERY
6.1Goods supplied within the UK will normally be delivered within 7 days of acceptance of order.
6.2Goods supplied to Europe will normally be delivered within 14 days of acceptance of order.
6.3Goods supplied to Rest of the world will normally be delivered within 21-28 days of acceptance of order.
6.4Delivery of the Goods shall be made to the Buyers address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. LECHENO will not be liable if customer gives incorrect delivery details at time of ordering for loss of goods.
6.5Risk in the Goods shall pass to the Buyer upon delivery of the Goods.
7 CANCELLATION OF AN ORDER
The Buyer may cancel the order for any reason up to the point of dispatch and any payments made by the Buyer shall be refunded in full within 14 days at least.
8 FAULTY ITEMS
8.1The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by telephone, email or writing within 7 days if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
8.2Where a claim of defect or damage is made, or the wrong goods have been sent, the Goods shall be returned by the Buyer to the Seller within 28 days of delivery. The Buyer shall be entitled to a replacement or a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
8.3Goods must be returned by the Buyer within 28 days of cancellation in the original packaging and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any, and return postal charges). If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.
9 UNWANTED ORDERS
9.1In the event of the goods being unsuitable the Buyer shall be responsible for returning of the Goods to the Seller and any postage costs involved within 28 days. The Buyer will be under a duty to take care of the Goods until they are returned to the seller. A £5.00 handling fee will be charged and deducted from refund.
9.2Goods to be returned must include the details of the order number enclosed with the order and clearly stating a refund or an exchange. In the event of an exchange the Buyer is responsible for the postage costs to return the Goods back to the Buyer.
9.3Where returned Goods are found to be damaged or soiled due to the Buyers, the seller will only return the order to the customer once re delivery charges have been paid by the buyer.
10 LIMITATION OF LIABILITY
10.1Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to 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 consequential loss or damage whatever.
10.2Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Sellers agents or employees.
11 WAIVER
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
12 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
13 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
14 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
15 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
