0844 209 1966

Lektropacks Ltd – Terms & Conditions

These Terms and Conditions are the standard terms that apply to the purchase of all Goods from Lektropacks Ltd, a company registered in England under number 04470667, of Unit 7, Shepperton Business Park, Govett Avenue, Shepperton, Middlesex, TW17 8BA, whose registered office address is at Sundial House, 98 High Street, Woking, Surrey, GU21 4SU, hereinafter known as “the Company”.

Please read these Terms and Conditions carefully and ensure that you understand them – you will need to agree that you have read and accepted them before ordering any Goods from us.  If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to order Goods from us directly or through our Website.  

1.    Definitions and Interpretation 
1.1    In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
    “Contract” means the contract formed as detailed in clause 3, which shall incorporate, and be subject to, these Terms and Conditions;
    “Consumer” means an individual consumer (as defined in the Consumer Rights Act 2015).  Consumers may only purchase Goods through our Website if they are at least 18 years of age;
    “Customer” means the Consumer or business ordering the Goods. Where the person ordering the Goods is an individual doing so on behalf of a business, that person confirms they have the authority to contractually bind and enter into the Contract on behalf of that business and the business shall be the Customer in the context of this Contract;
    “Goods” means the goods sold by us through our Website;
    “Order” means your order for the Goods;
    “Order Confirmation” means our acceptance and confirmation of your Order; and
    “Website” means www.lekhome.co.uk for Consumers and www.lektropacks.co.uk for business customers.
1.2    Unless the context otherwise requires, each reference in these Terms and Conditions to: 
1.2.1    “we”, “us” and “our” is a reference to the Company and includes our employees and agents;
1.2.2    “you” and “your” is a reference to the Customer;
1.2.3    “writing” and “written” includes emails and faxes;
1.2.4    a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
1.2.5    “these Terms and Conditions” is a reference to these Terms & Conditions as amended or supplemented at the relevant time;
1.2.6    a clause is a reference to a clause of these Terms and Conditions; and
1.2.7    a “Party” or the “Parties” refer to the parties to these Terms and Conditions.
1.3    The headings used in these Terms and Conditions are for convenience only and shall have no effect upon their interpretation.
1.4    Words imparting the singular number shall include the plural and vice versa.  References to any gender shall include the other gender.

2.    Access to and Use of Our Website
2.1    Access to our Website is free of charge.  It is your responsibility to make any and all arrangements necessary in order to access it.
2.2    Access to our Website is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue our Website (or any part of it) at any time and without notice.  We will not be liable to you in any way if our Website (or any part of it) is unavailable at any time and for any period.
2.3    Use of our Website is subject to our Website Terms of Use.  Please ensure that you have read them carefully and that you understand them.

3.    Orders – How Contracts Are Formed 
3.1    Business Customers are required to register online by completing a Trade Application Form before any Order can be placed.  When we receive your completed Trade Application Form, we will verify whether or not you qualify for trade pricing (to be decided at our sole discretion).  If we do decide that you qualify for trade pricing, we will email you to advise of this.  Logging in via the Website will then show any agreed trade prices.  Business Customers are also entitled to apply for a credit account by contacting us. Any such credit is strictly subject to clause 5.9.
3.2    Consumers can log-in via the Website by submitting certain personal information and creating a password.
3.3    Sharing of accounts is not permitted unless we expressly authorise it in writing.  You are required to keep your account details confidential and must not reveal your username or password to anyone.  If you use a shared computer, it is recommended that you do not save your account details in your internet browser.  We also recommend that the password you choose is strong and secure, containing a combination of letters and numbers, and is changed regularly.
3.4    Our Website will guide you through the ordering process.  Before submitting your Order to us you will be given the opportunity to review and amend it.  Please ensure that you have checked your Order carefully before submitting it.
3.5    No part of our Website constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that we may, at our sole discretion, accept.  Our acknowledgement of receipt of your Order does not mean that we have accepted it.  Our acceptance is indicated by us sending you an Order Confirmation by email, subject to clause 4.3.  Only once we have sent you this Order Confirmation will there be a legally binding Contract between you and us. 
3.6    Order Confirmations will contain the following information:
3.6.1    Confirmation of the Goods ordered;
3.6.2    Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
3.6.3    A link to the delivery options on our Website, which will outline your estimated delivery date
3.7    If we, for any reason, do not accept or cannot fulfil your Order, no payment will be taken under normal circumstances.  If we have taken payment, any such sums will be refunded to you as soon as possible and in any event within 14 days.

4.    Goods and Availability
4.1    We make all reasonable efforts to ensure that all descriptions and illustrations of Goods available from us correspond to the actual Goods.  Please note, however, the images on our Website are for illustrative purposes only.  There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions. 
4.2    Please note that sub-clause 4.1 does not exclude our responsibility for mistakes due to negligence on our part and refers only to minor variations of the correct Goods, not to different Goods altogether.  Please refer to clause 8 if you receive incorrect Goods.
4.3    We neither represent nor warrant that Goods will be available.  Stock indications are not provided on our Website. 

5.    Pricing and Payment
5.1    We make all reasonable efforts to ensure that all prices shown on our Website are correct at the time of going online.  We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.  All pricing information is reviewed and updated regularly.  Changes in price will not affect any Order that you have already placed (please note sub-clause 5.4 regarding VAT, however).
5.2    All prices are checked by us when we process your Order.  In the unlikely event that we have shown incorrect pricing information, we will contact you by email (or by phone, with a follow up email) before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed.  We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it).  We will not proceed with processing your Order until you respond.  If we do not receive a response from you within 7 days, we will treat your Order as cancelled and will notify you of this in writing.
5.3    If the price of Goods changes between your Order being placed and us processing that Order and taking payment, you will be charged the price shown on our Website at the time of placing your Order.  
5.4    All prices include VAT on our Consumer Website and exclude VAT on our business sales Website.  If the VAT rate changes between your Order being placed and us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
5.5    Delivery charges are not included in the price of Goods.  Delivery options and related charges will be presented to you as part of the order process.
5.6    Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process.
5.7    All payments made via the Website will go through an online payment gateway provider such as PayPal.  No credit or debit card information is provided to us and completion of the transaction will be subject to you agreeing to this payment gateway’s terms and conditions.  A separate contractual relationship is created between you and the payment gateway provider and we cannot be held liable for any errors, actions, omissions, or incorrect charges that may be made by such third party.
5.8    Alternatively, you can pay using a credit or debit card over the telephone or in person.   Once the payment has been processed, we will securely and immediately destroy any payment information given to us.
5.9    We may, at our sole discretion, offer to invoice business Customers with approved credit accounts and such business Customers will be given the option to pay up front or to add the Order to their credit account.  Any credit limit we offer may be revoked at any time.  All invoices are payable within 30 days from the date of invoice, or otherwise in accordance with the agreed credit terms, without set-off, retention or deduction.  Payment shall be made on the due date notwithstanding that delivery may not have taken place and/or that the property in the Goods may not have passed to the business Customer.  The time for payment shall be of the essence of the Contract and we reserve the right to charge interest on late payments at the rate of 8% per annum above the Bank of England base lending rate from the due date for payment until the actual date of payment, whether before or after judgment.

6.    Delivery, Risk and Ownership
6.1    All Goods purchased through our Website will normally be delivered within 30 calendar days of the date of our Order Confirmation unless otherwise agreed (subject to delays caused by events outside of our control - see clause 13) or unless the Goods are being shipped outside of the United Kingdom.
6.2    The cut-off time for same-day dispatch is 3pm on a working day, subject to stock availability.
6.3    In the unlikely event that we fail to deliver the Goods within 30 calendar days of our Order Confirmation (except as details in clause 6.1), you may cancel your Order immediately if we have refused to deliver your Goods or if you told us when ordering the Goods that delivery within that time period was essential.
6.4    If you do not wish to cancel under sub-clause 6.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date.  If we fail to meet the new deadline, you may then cancel your Order.
6.5    You may cancel all or part of your Order under sub-clauses 6.3 or 6.4.  Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you.  Please note that if any cancelled Goods are delivered to you, you must return them to us.  We will bear the cost of returning the cancelled Goods. 
6.6    Delivery shall be deemed complete once we have delivered the Goods to the address provided in your Order.
6.7    If we are unable to deliver the Goods on the delivery date (if, for example, no one is available at your address to receive the Goods) the courier will leave a note informing you that the Goods have been returned to our premises, requesting that you contact us to arrange re-delivery.  The re-delivery will be chargeable and we may also charge for storage.
6.8    We may, at our discretion, decline to deliver the Goods to the Customer’s chosen delivery address if we deem it to be unsuitable for any reason (for example, to a communal address or PO Box).  In this event, we will contact the Customer and the provisions of clause 6.7 above will apply.
6.9    The risk in the Goods shall remain with us until they come into your physical possession.
6.10    Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).

7.    International Customers:  If Goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your Goods reach their destination and the delivery may incur severe delays at customs.  We are not responsible for such charges or delays and if you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures.  As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase complies with the laws of the country into which they are being imported.  Please be aware that Goods may be inspected on arrival for customs purposes and we cannot guarantee that the packaging of your Goods will be free of signs of tampering.  Please also be aware that UK consumer protection laws may not apply.

8.    Consumers Only - Faulty, Damaged or Incorrect Goods
8.1    By law, we must provide Goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, and that match any samples or models that you have seen or examined (unless we have made you aware of any differences).  If any digital content is included in the Goods, that digital content must also conform.  If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact us as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for a refund, repair or replacement.
8.2    If the packaging is damaged on delivery, please do not sign for the Goods and please contact us within 72 hours of delivery so we can investigate the issue with the courier company. 
8.3    Beginning on the day that you receive the Goods (and ownership of them) Consumer Customers have a 30 calendar day right to reject the Goods and to receive a full refund if they do not conform as stated above.  Alternatively, you may request a repair of the Goods or a replacement.  
8.4    To return Goods to us for any reason under this clause 8, please contact us to arrange for a return.  You will need to return the Goods together with any accessories supplied with them (i.e. leads, power supply, manuals etc.) together with the original packaging where possible.  If you no longer have the original packaging, please ensure you have well protected the Goods (i.e. protected the corners, cushion with multiple layers of bubble wrap and ensure the Goods cannot move around in the new packaging).  
8.5    On receipt of the returned Goods, if we prove them to be faulty, damaged or incorrect, we will carry out the repair or replacement within a reasonable time and will reimburse you for the postage costs in returning the Goods to us.
8.6    In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, we may instead offer you a full refund, including all delivery costs paid by you when the Goods were originally purchased.  Refunds will be issued within 14 days of the day on which we agree that you are entitled to the refund.
8.7    If you request a repair or replacement during the 30 calendar day rejection period, that period will be suspended while we carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods.  
8.8    Please note that you will not be eligible to claim under this clause 8 if: 
8.8.1    we informed you of the fault(s), damage or other problems with the Goods before you purchased them (and it is because of the same issue that you now wish to return them); 
8.8.2    you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to us and the problem has resulted from your use of the Goods for that purpose; or 
8.8.3    the problem is the result of normal wear and tear, misuse or intentional or careless damage.  
8.9    Please also note that you may not return Goods to us under this clause 8 merely because you have changed your mind.  If you are a consumer in the European Union you have a legal right to a 14 calendar day cooling off period within which you can return Goods for this reason.  Please refer to clause 9 for more details.
    
9.    Consumers Only - Cancelling and Returning Goods if You Change Your Mind
9.1    If you are a Consumer in the European Union, you have a legal right to a “cooling off” period within which you can cancel the Contract for any reason.  This period begins once your Order is complete and we have sent you your Order Confirmation, i.e. when the Contract between you and us is formed.
9.2    If the Goods are being delivered to you in a single instalment (whether single or multiple items), the cooling off period ends 14 calendar days after the day on which you receive the Goods.
9.3    If the Goods are being delivered in separate instalments on separate days, the cooling off period ends 14 calendar days after the day on which you receive the final instalment of Goods.
9.4    If you wish to exercise your right to cancel under this clause 9, you must inform us of your decision within the cooling off period.  You may do so in any way you wish, however for your convenience we offer a cancellation form on our Website and will include a link to it with the Order Confirmation.  Cancellation by email or by post is effective from the date on which you send us your message.  Please note that the cooling off period lasts for whole calendar days.  If, for example, you send us an email or letter by 23:59 on the final day of the cooling off period, your cancellation will be valid and accepted.  
9.5    Please note that you may lose your legal right to cancel under this clause 9 if the Goods consist of sealed audio or video recordings (e.g. CD or DVD) or sealed computer software and you have unsealed the Goods after receiving them.
9.6    Please ensure that you return Goods to us no more than 14 calendar days after the day on which you have informed us that you wish to cancel under this clause 9.
9.7    You may return Goods to us in person during our business hours of 9am – 5pm or you may return them by post or another suitable delivery service of your choice to our returns address provided with the Goods.  Please note that you must bear the costs of returning Goods to us if cancelling under this clause 9. 
9.8    Refunds under this clause 9 will be issued to you within 14 calendar days of the following:
9.8.1    The day on which we receive the Goods back; or
9.8.2    The day on which you inform us (supplying evidence) that you have sent the Goods back (if this is earlier than the day under sub-Clause 9.8.1); or
9.8.3    If we have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform us that you wish to cancel the Contract.
9.9    Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them.  “Excessive handling” means any more handling than is reasonably required to ascertain the nature and characteristics of the Goods in question (e.g. no more than would be permitted in a shop).  Please note that if we issue a refund before we have received the Goods and have had a chance to inspect them, we may subsequently charge you an appropriate sum if we find that the Goods have been handled in a way that would otherwise entitle us to reduce your refund.
9.10    Refunds under this clause 9 will be made using the same payment method that you used when ordering the Goods unless you specifically request that we make a refund using a different method.

10.    Business Customers Only - Cancellation
10.1    No Order which has been accepted by us may be cancelled by a business Customer except with our agreement in writing on the terms that the Customer shall indemnify us in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, restocking, charges and expenses incurred by us as a result of such cancellation.
10.2    If, on delivery, you are not satisfied with the Goods and wish to return them, you may do so only provided:
10.2.1    you inspect the Goods on delivery.  Where the Goods cannot be examined the delivery note or such other note as appropriate shall be marked “not examined”.
10.2.2    you first contact your account manager and our technical support department, who will issue you with an RMA number;
10.2.3    you inform us that you wish to return the Goods within 72 hours of delivery;
10.2.4    the Goods remain in their original condition (as delivered); 
10.2.5    the Goods are returned at your risk and you agree to bear the cost of delivery to us; and
10.2.6    you indemnify us against any cost incurred by us in rectifying any deterioration of the Goods caused by incorrect storage or use while in your possession.
10.3    If, on receipt, the Goods are proven by us to be damaged or defective, and you comply with clause 10.2 above, we may refund the cost of delivery at our discretion.
10.4    All Goods must be returned to us under this clause 10 in their original condition, in their original, un-opened packaging, accompanied by proof of purchase.
10.5    Replacement of the Goods (or the defective part thereof), or any credit or refund offered at our discretion, shall be issued to you only upon the receipt of the Goods in accordance with this clause 10. 
10.6    If the Goods are not returned in the original packaging, we will charge or deduct a small fee from the refund or credit as applicable.
10.7    If you require an advance replacement and we agree to this, you will be required to pay for the advance replacement up front and we will credit or refund this to you only once we receive the original Goods, provided our technical support department have confirmed the Goods were damaged or defective.  The original Goods must be returned to us within 30 days (or 45 days if the delivery address was outside of the UK).  In sending an advance replacement, we are not admitting any liability for any defect or otherwise.
10.8    We may cancel any Order and/or suspend further deliveries, terminate your account and charge interest in accordance with clause 5.9 if:
10.8.1    you fail to perform or observe any of your obligations under the Contract or if you are otherwise in breach of the Contract;
10.8.2    you become subject to an administration order or enter into a voluntary arrangement or (being an individual or firm) become bankrupt or (being a company) go into liquidation;
10.8.3    an encumbrancer takes possession, or a receiver is appointed, of any of your property or assets;
10.8.4    you cease, or threaten to cease, to carry on business; or
10.8.5    we reasonably apprehend that any of the events mentioned above is about to occur in relation to you and we notify you accordingly.
10.9    If sub-clause 10.8 applies then, without prejudice to any other right or remedy available to us, payment for any Goods that have been delivered but not paid for shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.  We shall be entitled at any time to require you to deliver up to us any Goods in which we retain ownership and, if you fail to do so forthwith, to enter upon any premises of yours or any third party during normal business hours where the Goods are stored and repossess them.

11.    Guarantees
11.1    Where we are the manufacturer of the Goods, we guarantee that for a period of 2 years from the date of delivery, the Goods will be free from material defects.  This guarantee is subject to the exceptions listed in sub-clause 
11.2    Our guarantee does not apply to any defects in the Goods caused by:
11.2.1    Normal wear and tear;
11.2.2    Deliberate damage and/or misuse of the Goods;
11.2.3    Accidental damage;
11.2.4    Failure to use the Goods in accordance with their instructions (where applicable); or
11.2.5    The alteration or repair of the Goods by you or any third party that is not authorised by us.
11.3    Our guarantee exists in addition to your legal rights as a consumer, where applicable (that the Goods match their description, that they are of satisfactory quality and that they are fit for purpose).  For Goods that do not match their description, are not of satisfactory quality, or are not fit for purpose, please refer to clause 8.  More information on your rights as a consumer can be obtained from your local Citizens’ Advice Bureau or Trading Standards Office.
11.4    Where we are not the manufacturer of the Goods, the Goods are provided with a manufacturer’s guarantee.  For further details and terms, please refer to the manufacturer’s guarantee documentation supplied with the Goods.
11.5    The manufacturer’s guarantee exists in addition to your legal rights as a consumer, where applicable, in accordance with clause 11.3. 

12.    Our Liability
12.1    We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence.  Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.
12.2    Under no circumstances will we be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
12.3    Nothing in these Terms and Conditions seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
12.4    Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer, where applicable.  For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
12.5    For business Customers only, our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the total price paid for the Goods.  All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.

13.    Events Outside of Our Control (Force Majeure):  We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond our reasonable control.

14.    Intellectual Property
14.1    We, or the manufacturer of the Goods, own and reserve all copyright, intellectual property and any other rights (if any) which may subsist in the Goods and any other document, drawing, specification or other information provided to you.  
14.2    You may not, under any circumstances, copy, alter, modify or adapt the Goods or reverse engineer, decompile, disassemble, modify or create derivative works from them.

15.    Contact Details, Complaints and Feedback
15.1    We always welcome feedback from our customers and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint.
15.2    All complaints are handled in accordance with our complaints handling policy and procedure.
15.3    If you wish to contact us with general questions or complaints, you may contact us using the contact details on our Website.
15.4    If you are a consumer in the EU and you have a dispute, you can use the EU Online Dispute Resolution platform to try to resolve it. The link is: https://webgate.ec.europa.eu/odr/main/?event=main.home.show

16.    How We Use Your Personal Information (Data Protection)
16.1    All personal information that we may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
16.2    We may use your personal information to:
16.2.1    Provide our Goods and services to you;
16.2.2    Process your Order (including payment) for the Goods; and
16.2.3    Send you our newsletter and inform you of new products and/or services available from us (if you opt or have previously opted to receive it).  You may request that we stop sending you this information at any time.
16.3    We will not pass on your personal information to any third parties without first obtaining your express permission.

17.    Other Important Terms
17.1    We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (if, for example, we sell our business).  If this occurs, you will be informed by us in writing.  Your rights under these Terms and Conditions will not be affected and our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
17.2    You may transfer (assign) the benefit of the guarantee in clause 11 to anyone purchasing the Goods from you.  You may not assign any of your other obligations and rights, without our express written permission.
17.3    The Contract is between you and us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions. 
17.4    If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions.  The remainder of these Terms and Conditions shall be valid and enforceable.
17.5    No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
17.6    We may revise these Terms and Conditions from time to time.  If we change these Terms and Conditions as they relate to your Order, we will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.  If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 14 days of your cancellation.

18.    Law and Jurisdiction
18.1    These Terms and Conditions, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the laws of England and Wales and where you are a consumer within the EU, any other mandatory EU law concerning your rights as a consumer.
18.2    Any disputes concerning these Terms and Conditions, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales (except as detailed in clause 18.1).

 

Lektropacks Ltd – Website Terms of Use

 

1.    Introduction
Welcome to Lektropacks Ltd.  Please read this policy carefully.  It applies between you, the user of this Website and us, Lektropacks Ltd, the owners and providers of this Website.  These terms and conditions govern your use of this Website; by using this Website, you accept these Website Terms of Use in full. If you disagree with these Terms of Use or any part of them, you must not use this Website. 

In this policy the following terms shall have the following meanings:
“User”, “You” and “Your” means any party that accesses the Website that is not employed by us and acting in the course of their employment; and
“We/Us/Our” means Lektropacks Ltd, a company registered in England under number 04470667, of Unit 7, Shepperton Business Park, Govett Avenue, Shepperton, Middlesex, TW17 8BA, whose registered office address is at Sundial House, 98 High Street, Woking, Surrey, GU21 4SU;
“Website” means the website that you are currently using (www.lekhome.com and/or www.lektropacks.co.uk) and any sub-domains of these sites unless expressly excluded by their own terms and conditions.

2.    License to use the Website
Unless otherwise stated, we or our licensors own the intellectual property rights in the Website and the material on the Website. Subject to the licence below, all these intellectual property rights are reserved.
You may view, download for caching purposes only and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use. 

You must not:
a)    republish material from this Website (including republication on another website); 
b)    sell, rent or sub-license material from the Website; 
c)    show any material from the Website in public or for a commercial purpose; 
d)    reproduce, duplicate, copy or otherwise exploit material on this Website for a commercial purpose; 
e)    edit or otherwise modify any material on the Website; or 
f)    redistribute or use material from this Website except for content specifically and expressly made available for use or redistribution.

3.    Acceptable use
You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to this Website without our express written consent.
You must not use this Website to transmit or send unsolicited commercial communications.
You must not use this Website for any purposes related to marketing without our express written consent. 

4.    Restricted access
Access to certain areas of this Website is restricted. We reserve the right to restrict access to other areas of this Website, or indeed this entire Website, at our discretion.  
When creating an account, you must keep any username and password confidential.  Please refer to our Terms and Conditions for further information regarding accounts.

5.    User content
In these Website Terms of Use, “your user content” means material (including, without limitation, text, images, audio, video material and audio-visual material) that you submit to this Website, in response to marketing communications and when following us on social media for whatever purpose.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you, us or a third party (in each case under any applicable law). 
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to this Website, or stored on our servers, or hosted or published upon this Website.
Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, this Website.

6.    Links
This Website may also include links to other websites.  These links are provided for your convenience, to provide further information.  They do not signify that we endorse the website(s).  We have no responsibility for the content of the linked website(s).
You may not create a link to this Website from another website or document without our prior written consent.

7.    No warranties
We do not warrant the completeness or accuracy of the information published on this Website; nor do we commit to ensuring that the Website remains available or that the material on the Website is kept up-to-date.
Whilst every effort is made to keep the Website up and running smoothly, we do however exclude any liability to you should the Website and/or any of the associated resources not be available to you at any particular time.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this Website and its use (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

8.    Limitations and exclusions of liability
Nothing in these terms of use will: 
a)    limit or exclude our or your liability for death or personal injury resulting from negligence; 
b)    limit or exclude our or your liability for fraud or fraudulent misrepresentation; 
c)    limit any of our or your liabilities in any way that is not permitted under applicable law; or 
d)    exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this section and elsewhere in these terms of use: 
a)    are subject to the preceding paragraph; and 
b)    govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

As all information on the Website is provided free-of-charge, we will not be liable for any loss or damage of any nature whatsoever.  For details of our liability for goods purchased from the Website, please refer to our Terms and Conditions.

We will not be liable for any injury, loss or expense howsoever arising from your implementation and use of any of the subject matter taken from our Website.  We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.  We will not be liable to you in respect of any loss or corruption of any data, database or software.  We will not be liable to you in respect of any special, indirect or consequential loss or damage.

9.    Indemnity
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use.

10.    Breaches of these terms of use
Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.

11.    Variation
We may revise these Website Terms of Use from time-to-time.  Revised terms of use will apply to the use of our Website from the date of the publication of the revised terms of use on our Website.  Please check this page regularly to ensure you are familiar with the current version.

12.    Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Website Terms of Use without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Website Terms of Use.  

13.    Severability
If a provision of these Website Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 

14.    Exclusion of third party rights
These Website Terms of Use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party.  The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

15.    Entire agreement
These Website Terms of Use, together with our Terms and Conditions, Privacy Policy and Disclaimer constitute the entire agreement between you and us in relation to your use of our Website, and supersede all previous agreements in respect of your use of this Website.

16.    Law and jurisdiction
These Website Terms of Use will be governed by and construed in accordance with English law, and any disputes relating to these Website Terms of Use will be subject to the jurisdiction of the courts of England and Wales.  Where you are a consumer within the EU, any other mandatory EU law concerning your rights as a consumer will also apply.

17.    Our details
If you have any questions about these Website Terms of Use, please write to us by email at sales@lektropacks.co.uk.