Terms and Conditions
TERMS AND CONDITIONS OF SALE OF OUR PRODUCTS
THESE TERMS OF SALE
- Why you should read them. Please read these Terms of Sale carefully before you submit your order to us online or via any other method (e.g. telephone or email). These Terms of Sale tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. By placing an order for any of our products, you agree to be bound by these Terms of Sale. If you place an order through our website, you will be asked to tick a box on the final page of the checkout section to confirm that you accept these Terms of Sale before you can proceed with your order.
Consumer or business customer. Please note that if you are buying our products for your personal use (i.e. not in the course of or for the purposes of your business), you will be a consumer and will have extra statutory rights including relating to cancellation and delivery. Nothing in these Terms of Sale shall or is intended to affect any such statutory rights that you may have as a consumer. These extra rights are highlighted in these Terms of Sale.
INFORMATION ABOUT US
- Who we are. We are Lionstrike Limited (trading as Lionstrike), a company registered in England and Wales with company number 10160428 whose registered office is at 52 Latchmere Road, Kingston upon Thames, Surrey, KT2 5TW. Our registered VAT number is GB324349705.
- How to contact us. You can contact us by email at email@example.com
- How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
"Writing" includes emails. When we use the words "writing" or "written" in these Terms of Sale, this includes emails.
OUR CONTRACT WITH YOU
- How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
- Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
Orders from Different Countries. Our website is solely for the promotion of our products in the UK, Europe, USA and Canada. Unfortunately, we do not accept orders from OR deliver to addresses outside of these territories.
- Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
- YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see paragraph 8 – Your right to end the contract).
OUR RIGHTS TO MAKE CHANGES
- Minor changes to the products. We may change the product: (a) to reflect changes in relevant laws and regulatory requirements; and (b) to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
More significant changes to the products and these Terms of Sale. If we wish to make more significant changes to these Terms of Sale or the product, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
PROVIDING THE PRODUCTS
- Delivery costs. The costs of delivery will be as displayed to you on our website.
When we will provide the products.
- During the order process we will let you know when we will provide the products to you.
- If you are a consumer, we will deliver the products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
- We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
- If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
- If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and paragraph 2 will apply.
Your legal rights as a consumer if we deliver goods late.
- If you are a consumer, you have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
- we have refused to deliver the goods;
- delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- you told us before we accepted your order that delivery within the delivery deadline was essential.
- If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under paragraph 7.7(a), you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
- If you do choose to treat the contract as at an end for late delivery under paragraph 7.7(a) or (b), you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that, we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you must post them back to us. We will pay the costs of postage.
- If you are a consumer, you have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
- When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you (or a carrier organised by you) collect it from us.
- When you own goods. You own a product which is goods once we have received payment in full.
What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and paragraph 2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
YOUR RIGHTS TO END THE CONTRACT
You can always end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see paragraph 11;
- If you want to end the contract because of something we have done or have told you we are going to do, see paragraph 2;
- If you are buying the product as a consumer (i.e. not in the course of your business) and you have just changed your mind about the product, see paragraph 3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
- In all other cases (if we are not at fault and there is no right to change your mind), see paragraph 8.4.
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
- we have told you about an upcoming change to the product or these Terms of Sale to which you do not agree (see paragraph 2);
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than four weeks; or
- you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see paragraph 7.7).
If you are a consumer, exercising your right to change your mind (Consumer Contracts Regulations 2013).
- If you are a consumer, you have a legal right to change your mind within 14 days and receive a refund for most products bought online, subject to paragraph 8.4 below. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Terms of Sale.
- When you don't have the right to change your mind. You do not have a right to change your mind in respect of perishable products or customised, tailor-made, personalised or bespoke products. You will also not have a right to return any product if it has been used and is not able to be resold.
How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered. You have 14 days after the day you receive the products, unless:
- Your products are split into several deliveries over different days. In this case you have until 14 days after the day you receive the last delivery to change your mind about the products.
- Your products are for regular delivery over a set period. In this case you have until 14 days after the day you receive the first delivery of the products.
- Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind as a consumer (see paragraph 8.3), you can still end the contract before the goods are delivered, but you will be in breach of contract and will have to pay us compensation for any monetary loss that we suffer.
- You can always end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with it, how we are performing and when you decide to end the contract:
HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- Email. Email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- Online. Complete the Contact US form on our website, https://www.lionstrike.net/pages/contact-us
- Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person or post them back to us at 52 Latchmere Road, Kingston upon Thames, Surrey KT2 5TW at your own cost unless one of the circumstances in paragraph 9.3 applies. If you are a consumer and exercising your right to change your mind, you must send off the goods within 14 days of telling us you wish to end the contract.
When we will pay the costs of return. We will pay the costs of return:
- if the products are faulty or misdescribed; or
- if you are ending the contract because we have told you of an upcoming significant change to the product or these Terms of Sale, an error in pricing or description, a significant delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
- Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
- How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
Deductions from refunds if you are a consumer and exercising your right to change your mind. If you are exercising your right to change your mind as per paragraph 8.3:
- We may reduce your refund of the price (excluding delivery costs) 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 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.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
- When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind as a consumer (see paragraph 8.3) then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see paragraph 9.2.
OUR RIGHTS TO END THE CONTRACT
We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within seven days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
- you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
- You must compensate us if you break the contract. If we end the contract in the situations set out in paragraph 1, we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the costs we will incur as a result of your breaking the contract.
We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will refund any sums you have paid in advance for products which will not be provided.
- We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
IF THERE IS A PROBLEM WITH THE PRODUCT
- How to tell us about problems. If you have any questions or complaints about the product, please contact us by email at email@example.com.
- Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Please refer to the box below for a summary of your key legal rights in relation to the product if you are a consumer. Nothing in these Terms of Sale will affect your legal rights.
Summary of your key legal rights if you are a consumer
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. Taking into account the expected lifespan of your product, your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months (assuming that your goods are reasonably expected to last that long): if your goods are faulty and can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) If your goods do not last a reasonable length of time (taking into account how long it is reasonable to have expected the goods to last) you may be entitled to some money back.
See also paragraph 8.3 - Exercising your right to change your mind (Consumer Contracts Regulations 2013).
- Your obligation to return faulty products. If you wish to exercise your legal rights to reject products you must either return them in person or post them back to us. We will pay the costs of postage.
PRICE AND PAYMENT
- Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take reasonable care to ensure that the price of the product advised to you is correct. However please see paragraph 3 for what happens if we discover an error in the price of the product you order.
- We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
- What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
When you must pay and how you must pay. We accept payment with VISA, Mastercard and other credit and debit cards listed on our checkout pages.. Unless otherwise agreed, you must pay for the products [upon placing your order OR before we dispatch them.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
If you are a consumer, the following paragraphs 13.1 to 13.4 shall apply:
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for: (a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; (b) breach of your legal rights in relation to the products (including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; and of satisfactory quality); and (c) defective products under the Consumer Protection Act 1987.
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms of Sale, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- We are not liable for any loss or damage caused by anything outside of our control. We will not be deemed to be in breach of contract or of these Terms of Sale as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, breakdown of equipment, road traffic problems.
- We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If you are a business customer, the following paragraph 13.5 shall apply in addition to paragraphs 13.1 to 13.4:
Subject to paragraph 13.1, if you are a business customer:
- we shall not be liable to you, whether in contract, in tort (including negligence), for breach of statutory duty, or otherwise, for any loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated saving, loss of use or corruption of software, data or information, loss of or damage to goodwill, or any indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.
HOW WE MAY USE YOUR PERSONAL INFORMATION
OTHER IMPORTANT TERMS OF SALE
- We may transfer this contract to someone else. We may transfer our rights and obligations under these Terms of Sale to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
- You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms of Sale to another person if we agree to this in writing.
- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its Terms of Sale.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms of Sale 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.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms of Sale, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
- Which laws apply to this contract and where you may bring legal proceedings. These Terms of Sale are governed by English law and you can only bring legal proceedings in respect of the products in the English courts.
(Complete and return this form only if you wish to withdraw from the contract)
To: LIONSTRIKE LIMITED, 52 LATCHMERE ROAD, KINGSTON UPON THAMES, SURREY KT2 5TW (firstname.lastname@example.org)
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate