TERMS & CONDITIONS
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything just phone us on 0208 500 0202
1. These Terms and Conditions will apply to the purchase of the goods by you (the customer or you). We are Lynx Dry Cleaning Supplies Ltd a company registered in England and Wales under number 6702006 whose registered office is at units 1, 2 & 9, 2-8 Roebuck Road, Hainault Business Park Essex, IG6 3UE with email address [email protected]; telephone number 0208 5000 202 ; (the supplier or us or we).
2. These are terms on which we will sell all goods to you. By ordering any of the goods, you agree to be bound by these Terms and Conditions. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked “I Accept”. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the goods.
5. Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the other order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way which is accessible for the future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
8. Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out by the company.
10. Website means our website www.lynxdcs.com on which the Goods are advertised.
11. The description of the Goods is as set out in the Website, catalogue, brochures or other form of advertisements. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
12. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
13. All goods which appear to be on the Website are subject to availability.
14. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirements. We will notify you of these changes.
16. We may contact you by e-mail or other electronic communication methods and by pre-paid post and you expressly agree to do this
Best of Sale
17. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
18. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
19. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order confirmation). You must ensure that the Order confirmation is complete and accurate and inform us immediately of any errors by ringing 02085000202
. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order, you agree to us giving you confirmation of the contract by means of email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
20. Any quotations are valid for a maximum period of 7 days from its date, unless we expressly withdraw it at an earlier time
21. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered unless the variation is agreed by the customer and the Supplier in writing.
22. We intend that these Terms and Conditions apply only to a Contract entered in by you as a consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you e.g. by giving you rights as a business.
Price and payment
23. The price of the Goods and any additional delivery or other charges are set out on the Website at the date of the Order or such other price as we may agree in writing.
24. Process and charges exclude VAT at the rate applicable at the time of the Order.
25. You must pay by submitting your credit or debit card details with your Order so we can take immediately or otherwise before the delivery of the goods
26. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered.
27. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a) We have refused to deliver the Goods or if delivery on time is essential considering all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b) After we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period
28. If you treat the Contract at an end, we will (in addition to the other remedies) promptly return all payments made under Contract
29. If you were entitled to treat the Contract at an end, but you do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you.
30. We do not deliver to addresses outside England and Wales, Scotland, Northern Ireland, the isle of Man and Channel Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them and you will have to arrange courier from our address units 1, 2 & 9, 2-8 Roebuck Road, Hainault Business Park Essex, IG6 3UE.
31. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subjects to the above provisions and provided you are not liable for extra charges.
32. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
33. The goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them and sign.
Risk and Title
34. Risk of damage to, or loss of any Goods will pass to you when the Goods are delivered to you.
35. You do not own the Goods until we have received payments in full. If full payments are overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and cancellation
36. You can withdraw the Order by telling us before the contract is made, if you simply wish to change your mind and without giving us a reason and without incurring any liability.
37. You can cancel the Contract except for any personalised Goods (the returns right) by telling us no later than 14 calendar days from the day the Contract was entered into, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to any of our businesses premises the Goods in undamaged condition at your own expense. Then we must without delay refund to you the price for those Goods which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is not concerning any defective goods. This Returns Right is different and separate from the Cancellation Rights below.
38. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply to a contract for the following goods (with no others) in the following circumstance:
a. Foodstuffs, beverages or other goods intended for current consumption in the household and which are on frequent and regular rounds to your resident or workplace;
b. Goods that are made to your specifications or are clearly personalised
c. Goods which are liable to deteriorate or expire rapidly
39. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
a. In the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery
Right to cancel
40. Subject as stated in these Terms and conditions, you can cancel this contract within 14 days without giving any reason
41. The cancellation period will expire after 14 days from the day which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (ie subscriptions), as the right to cancel will be 14 days after the first delivery
42. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (e.g. a letter sent by post or email). You can use attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model.
43. You can submit a cancellation through any clear statement of the Customer’s decision to cancel the Contract via email address [email protected]. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (e.g. by email) without delay.
44. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Deduction for Goods supplied
45. We may take a deduction from the reimbursement for loss in the value of any Goods supplied, if the loss is the result of unnecessary handling by you (i.e. handling the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods: e.g. It goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
46. If we have not offered to collect the Goods with the exception of customers outside of our delivery area, we will make the reimbursement without undue delay, and not later than:
a. 14 days after we receive back from you any Goods supplied, or
b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
49. If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel the Contract.
50. We will make the reimbursement using the same means of payments as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees because of the reimbursement.
51. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at units 1,2 & 9, 2-8 Roebuck Road, Hainault Business Park, Essex, IG6 3UE without delay and in any event not later than 14 days from the day on which you communicate to us cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
52. For the purposes of these Cancellation Rights, these words have the following meanings
a. Distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which contract is concluded;
b. Sales contract means a contract under which a trader transfer or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay including any contract that has both goods and services as its object.
Conformity and Guarantee
53. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation
54. Upon delivery, the Goods will:
a. Be of satisfactory quality;
b. Be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely; on our skill and judgement) and be fit for any purpose held out by us or set out in the Contract; and
c. Conform to their description
55. It is not a failure to conform if the failure has its origin in your materials
56. We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods, Detail of the guarantee, the duration and territorial scope of the guarantee are set out in the manufacturer’s guarantee provided with the Goods. This Guarantee will take effect at the time the Goods are delivered, and will not reduce legal rights.
57. We will provide the following after-sales services: [email protected]
Successors and our sub-contractors
58. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
59. In the event of any failure by a party because of something beyond its reasonable control:
a. The party will advise the other party as soon as reasonably practicable; and
b. The party’s obligations will be suspended so far as is reasonable, provided that the party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel below.
60. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject due to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to the Customer’s business, trade, craft and/or profession which would not be suffered by a Consumer – because of the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing law, jurisdiction and complaints
61. The Contract (including any non-contractual matters) is governed by the law of England and Wales
62. Disputes can be submitted to the justification of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland
63. We deal with complaints in the following way: E-mail at [email protected]