In these Terms & Conditions (the “Terms”) the words and expressions below shall have the following meanings: “Buyer”, “you”, “your” the person firm or company who purchases the goods from the company; “Company”, “us”, “we”, “our” Locks Door and Window Fittings whose registered office is a 9 Wirework Estate, Bristol Road, Bridwater, Somerset TA6 4AP, which owns the website.
“Consumer” any natural person who is acting for purposes which are outside his business.
"Contract" any contract between the Company and the Buyer for the sale and purchase of the Goods, incorporating these Terms
"Delivery Point" the place where delivery of the Goods is to take place under Clause 7
"Goods" any goods agreed in the Contract to be supplied to the Buyer by the Company (including any part or parts of them).
“Licensee” any party who has entered into an agreement with the Company so as to create a relationship whereby the party contracting with the Company takes on the role of assignee, subcontractor or licensee.
“Website” http://www.ldwf.co.uk
“Working Day” a day (other than a Saturday or a Sunday) on which clearing banks are open for business in the City of London.
1. Sale of Goods
1.1 The Goods you order from this Website will be supplied by the Company trading as Locks, Doors and Window Fittings.
1.2 These terms and any documents expressly referred to in them (including the Website terms and conditions) apply to our sale of the Goods to you and represent the entire agreement between us in relation to the subject matter, to the exclusion of any previous agreement or understanding (whether oral or in writing).
2. Warranty
2.1 The Goods we deliver shall comply in all material respects with the description provided on the Website.
2.2 We warrant that we have title to the Goods we are supplying you with and that we will transfer such title to you as our customer, once payment for the Goods is received by us in full.
2.3 Where Goods do not comply in all material respects with the Website description, we may, at our discretion, either replace them or refund the relevant part of the price you have paid.
3. Orders
3.1 Once you submit an order via the Website this will constitute an offer, which shall only be deemed to be accepted by means of our confirmation. Each order which is accepted by us shall constitute a Contract.
3.2 Please take care to ensure that any order you submit is accurate. If you wish to change your order, please let us know as soon as possible. We will try to facilitate any change that you wish to make to your order before the Goods are dispatched to your Delivery Point however you will remain liable to purchase and receive the original order in the event that we cannot facilitate your requested changes. If you wish to change your order after we have dispatched the Goods, you will need to return the Goods and pay the delivery charges already incurred. Should you need to return Goods, please see details of our returns policy below.
4. Pricing
4.2 Delivery charges are additional to the price of the Goods and are as stated on the Website. You can see the cost of such charges via your shopping cart prior to submitting your order.
4.3 Unless otherwise agreed by the Company in writing, the price for the Goods shall be the price set out in the Company’s price list published on the date of delivery or deemed delivery.
5. Terms of Payment, Title and Risk
5.1 We can only send Goods to you when we have received full payment for them in cleared funds. We will act swiftly to clear your payment subject to the necessary confirmation from your credit card company, but we will not be liable in any way whatsoever for any delay caused by your credit card company in processing your payment.
5.2 By submitting your credit card or debit card account details you are authorizing us to debit the price of the Goods from your credit card account.
5.3 We will undertake to keep your personal and credit card details confidential, and we will comply with our obligations under the Data Protection Act 1998 ensuring we do not record or store information about you which we do not need to store, or which you do not want us to retain. All personal details information we receive from you shall be dealt with in accordance with our privacy policy, as detailed below.
5.4 Title in the Goods shall remain vested in us until such times as we have received payment in full for the Goods, at which point, title to the Goods shall pass to you.
5.5 We are responsible for the Goods until such time as they are delivered to the Delivery Point; all risk in the Goods shall pass to you upon delivery, which is subject to your compliance with this.
6. Out of stock Goods
6.1 In the event that the Goods you order are unavailable we shall notify you of the unavailability of the Goods by e-mail. Should you wish then to cancel the remainder of the order (if any) you need to notify us within 24 hours of being notified by us, otherwise the remainder of the order will be processed as per your original instructions, and the appropriate Delivery Charge applied (even if this Delivery Charge was different to the original Delivery charge quoted on your larger original order).
7. Delivery and Charges
7.1 We deliver Goods to all addresses in England, Scotland, Wales, and Northern Ireland except for addresses in the Shetland & Orkneys, Western Isles or Scottish Highlands, the Isle of Man or the Channel Islands.
7.2 Please specify a day-time Delivery Point on your order form where you, or someone you nominate, can be available to receive the delivery, as it is our policy to deliver by courier, who will require a signature for receipt of the delivery. The Delivery Point can be different from the address of the credit card holder who makes payment for the Goods if you wish.
7.3 Any date or time given by us for delivery shall be an estimate only. We will do our best to ensure this estimate is accurate and that we honor this, but we will not be liable for any loss of damage of any kind in circumstances where the Carrier has been unable to meet this deadline.
8. Limitation of our Liability
8.1 Our total aggregate liability to you under any Contract will be limited to the price of the Goods specified.
8.2 Nothing contained in these terms and conditions shall be construed so as to exclude or limit our liability for breach of the warranty in Clause 2 or our liability for death or personal injury as a result of our negligent actions or for any fraudulent misrepresentation by us.
8.3 Subject to Clause 8.2 and in relation to our contractual obligations to supply Goods following acceptance of orders placed on our Website, neither we nor any of our Licensees, agents, affiliates, directors, employees or other representatives will be liable in contract, tort, negligence or otherwise for any loss or damage whatsoever in any way connected with your use of the Website. We shall not be liable for any indirect, or consequential loss of whatever nature, including damage to software or hardware, loss of data, damage for loss of business, loss of profits, or any other indirect or consequential loss arising out of or in connection with your use of the Website (including without limitation, any such loss arising out of or in connection with any order placed on the Website, whether or not accepted by us). You agree to indemnify us and our agents and officers, directors and employees immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms by you (including the Website terms and conditions). We may terminate your use of the Website immediately if we consider that you have breached these Terms and/or the Website terms and conditions.
8.4 Except as expressly set out in the contract and subject to Clauses 2 and 8.2, all other conditions, warranties or other stipulations concerning the Goods whether express or implied by common law or under statute are excluded to the fullest extent permitted by law. 8.5 In placing an order with us, you are accepting the liability as laid out in these Terms.
9. Intellectual Property Rights
9.1 All intellectual property rights in the Goods, including, but not restricted to all patents, registered designs, design rights, registered and unregistered trademarks and copyright shall remain our property or the property of our third party licensors. 9.2 It is expressly forbidden for any other party to infringe any such patents, trademarks and copyrights. Use of our Website, subject to the Website terms and conditions, does not permit you to use any of our Intellectual Property without first obtaining our prior express written permission
10. Returns and Cancellation Policy
10.1 We will accept back any Goods which have been delivered to you incorrectly, are damaged, or are not as described by us when you placed the order on the Website. If you are not a Consumer you must inform us of any defect or error in delivery or description within 14 Working Days of the Goods being delivered. After the expiration of this 14 Working Day period the Company will not refund you for the purchase of the Goods.
10.2 We will reimburse the price of the returned Goods (but not gift-wrapping or delivery charges) to your credit card or debit card account or via cheque within 30 Working Days of receiving your notification that you wish to return the Goods, subject to receipt of the returned Goods by us.
10.3 You will need to arrange and pay for delivery-back or collection charges for Goods being returned, which must be returned to us by recorded delivery to: Locks, Door and Window Fittings, 9 Wireworks Estate, Bristol Road, Bridgwater, Somerset TA6 4AP. If you are a Consumer the Company will pay/refund you (as applicable) for the cost of returning the Goods (but not the original costs of delivery of the Goods to the Delivery Point).
10.4 Any returned Goods will only be accepted if they are in good condition. You may not return Goods to us if the seal on the bottle(s) has been opened or if the bottle(s) has been tampered with in any other way. If the bottle(s) has been opened or otherwise tampered with, we will not accept it/them for return.
10.5 This Returns Policy does not affect your statutory rights or rights for a breach of the Contract by us. If you receive Goods which you believe are damaged, faulty or corked, please contact us by post at the following address: Locks, Doors and Window Fittings, 9, Wireworks Estate, Bristol Road, Bridgwater, Somerset TA6 4AP, by e-mail at: info@ldwf.co.uk or by telephone on 01278 420680 between the hours of 8:00am to 5:30pm, Monday to Friday.
10.6 It may not always be possible to stop an order from being dispatched, as we endeavor to process orders immediately. If your order has already been dispatched please return the order following the instructions contained in the parcel which the Goods are sent to you in.
10.7 If you are a Consumer, you will have a right to cancel the Contract provided that you do so within the period of 7 Working Days, beginning on the day after the day that the Goods are delivered to the Delivery Point. Should the Contract be cancelled within this period you are to return all the Goods (unused and in the same state as when delivered) provided by the Company, at your own expense. Where your order is returned to us within 7 Working Days of your delivery, or you notify us in writing, by email or by telephone to the address of number set out in Clause 10.5 of your wish to cancel your order within this period, the cost of your order and your original postage and packing charge will be reimbursed in full. Should you fail to follow this procedure we will have a right of legal action against you for compensation.
11. Privacy
11.1 We shall use the personal information that you supply about yourself or another person to process your order, deliver the Goods and process any returns. We use your information to enable us to provide you with the Goods or services you have ordered from us or otherwise in connection with your relationship with us. We may also use the information you provide to us to improve the content and appearance of our Website or catalogues. With a view to understanding our customers better, and where you have indicated that you would like us to, we will retain the information about yourself you provide us with and details of any purchases you have made to enable us to offer products and services that are likely to interest you. You can opt out of receiving future information from the Company by checking the appropriate box on the online order screen or by informing the Company direct by telephone, in writing or by email as set out in Clause 10.5.
12. Jurisdiction
12.1 The Website is controlled and operated in the UK. These Terms and all matters connected with any order you place in our Website or the Contract are governed by English law and you agree to submit to the exclusive jurisdiction of the English courts in relation to all matters connected with or arising out of the Website or any order you place on the Website.
13. Force Majeure
13.1 The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 28 Working Days, the Buyer shall be entitled to give notice in writing to the Company to terminate the Contract.
14. General
14.1 Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.
14.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
14.3 Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract. 14.4 Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
14.5 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
14.6 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
14.7 You will be subject to the policies and these Terms which are in force at the time that you order products from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the confirmation of dispatch of the Goods (in which case we have the right to assume that you have accepted the change to the Terms, unless a Consumer notifies us to the contrary within 7 Working Days of receipt of the delivery of the Goods).
