Terms & Conditions
LINCOLN WELDING SUPPLIES LTD
GENERAL TERMS AND CONDITIONS
This is an important section of the Lincoln Welding Supplies Ltd. (“The Company”/”We”) site explaining the terms and conditions you are agreeing to when you use and/or shop from the company's website.
These terms and Conditions do not affect your statutory rights
1. Use of the Website
1.1 The Lincolnwelding.co.uk website (“the Site”) is provided to you free of charge for your personal use subject to these Terms and Conditions. By using the Site you agree to be bound by these Terms and Conditions.
1.2 The materials on this Site are directed solely at customers who access this Site from the United Kingdom. The Company does not represent that any product referred to in the materials on this Site is appropriate for use, or available, outside the United Kingdom. Those who choose to access this Site from locations outside the United Kingdom are responsible for compliance with local laws if and to the extent local laws are applicable.
2. The Contract between Us
2.1 Once we have received your order we will confirm that your order has been received by sending a confirmation e-mail to you at the e-mail address you provide on your order form. This e-mail is an acknowledgement of your order.
2.2 Your order is an offer to buy from us. We must receive payment of the whole of the price for the goods that you order from us (“the Item/Items”) including any delivery charge before your order can be processed. Nothing that we do or say will amount to any acceptance of that offer until we actually despatch an Item to you, at which point a legally binding contract will be made between us. At any point up until then, we may decline to supply an Item to you. If we decline to supply an Item to you and you have already paid for it, we will give you a full refund of any amount already paid for that Item in accordance with our refund policy in Section 6 below. After your order has been despatched, you cannot amend your order (but please see our Cancellation Policy in Section 5 below). Where Items are despatched separately, our acceptance of the order in respect of each Item takes place when that item is despatched.
2.3 All orders are subject to availability. If your order cannot be fulfilled, you will be offered an alternative or given a full refund. We accept payment by most major credit or debit cards. All credit and debit card holders are subject to validation checks and authorised by the card issuer. If the issuer of your payment card refuses to authorise payment to us we will not be liable for any delay or non-delivery. We will tell you if your payment details cannot be authorised and may invite you to pay by another method. We also reserve the right to conduct further security checks if we deem this to be appropriate and necessary. We do not take payment from your card until the item that you have ordered is shipped, but please note that our Bank will allocate that payment to us, ready for us to collect it. If the amount appears to have been taken from your account, please ensure that it is a completed payment before contacting us. First orders will be sent to the billing address and will not be sent to a delivery address.
2.4 We reserve the right to refuse to sell an Item, if we feel that the product or the price for such product has been put on to the website in error. Please note that products, prices and offers in our store may differ from those featured on this Site and vice versa.
2.5 If we do not have the exact stock item to send, we will, in certain circumstances, send an exact same functioning item, but from a different supplier. This does not affect your statutory rights. Items which are not in stock will be sent as soon as they become available to us and an expected delivery date will be sent by us to you, but this is an approximate time and not a binding agreement for delivery.
2.6 You undertake that all details you provide to us for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the Item or Items ordered. You must choose a user name and password on completion of registration. You are responsible for all actions taken under that user name and password and shall only use the Site under your own user name and password. You must make every effort to keep your password safe and you should not disclose it to anyone. If it is compromised, you must change it. You may not transfer or sell your user name to anyone, nor permit, either directly or indirectly, anyone to use your user name or password. If there are any changes to the details supplied by you, it is your responsibility to inform us as soon as possible.
2.7 It is a crime to use a false name or a known invalid credit or debit card to order. Anyone caught wilfully entering into an erroneous or fictitious order will be prosecuted to the fullest extent of the law. We track the electronic “fingerprints” of every order placed on the Site to enable us and all legitimate crime prevention prosecution authorities to trace individual users engaging in criminal activities on the Site.
3. Descriptions, Prices and Product Information
3.1 We have taken care to describe and show Items as accurately as possible. Despite this, variation in Items may occur. If there is anything which you do not understand, or if you wish to obtain further information, please contact us by e-mail at firstname.lastname@example.org.
3.2 We take great care to ensure prices are accurate. All prices are plus VAT where appropriate. If, by mistake, we have underpriced an Item, we will not be liable to supply that Item to you at the stated price, provided that we notify you before we despatch the Item to you. In those circumstances, we will notify the correct price to you so that you can decide whether or not you wish to order the Item at that price. If you decide not to order the Item, we will give you a full refund on any amount already paid for that Item in accordance with our refund policy in Section 6 below.
3.3 All prices are plus VAT payable at checkout unless otherwise stated.
3.4 The price of an Item does not include the delivery charge, which will depend on the delivery method you choose. The rate applicable for the delivery charge will be calculated at the date you place your order. For more information on delivery arrangements, see Section 4 below.
3.5 If for any reason we are unable to supply a particular Item, we will not be liable to you except to ensure that you are not charged for that Item.
3.6 To ensure availability of all our products, customers may be limited to a maximum number of Items.
3.7 The Company has made every effort to reproduce colours on the Site as accurately as possible. However, different computers reproduce colours in slightly different ways, and so exact colour matches are not possible over the internet. This means that when you order products from the Site, colours may differ from what you see on the screen. If you are not satisfied with the colour of the Item you have ordered, please see our refund policy in Section 6 below.
3.8 The Company reserves the right to make a 10% restocking charge for any Items which are returned whether pursuant to Clauses 5 or 6 below or otherwise. The Company also reserves the right to make a charge if it has to collect Items from your premises. Your statutory rights are not affected.
4.1 Delivery will be made to the address specified when you complete your order. We use a variety of delivery methods, depending on the size of the Item you order and the speed with which you wish to receive it. Whilst we make every effort to deliver all your Items within 30 days of the date of your order, we shall not be liable if we fail to do so in part or in full due to circumstances beyond our control. We shall contact you to let you know if we are having any problems getting an Item to you within that time. Sometimes a signature is required at delivery. By placing an order you are authorising us to accept signature from another person on your behalf if you need to sign for an Item and you are not present at the time of delivery.
4.2 When an Item is delivered, risk of damage to or loss of the Item passes to you.
5. Cancellation of Order
5.1 You have the right to cancel your order up to 7 days following the receipt of an Item by contacting us on 0114 2446688. If the Item(s) have not been despatched, we will cancel the order and we will refund payment in accordance with our refund policy in Section 6 below. If the Item(s) have been despatched to you and we are unable to stop the delivery, you can refuse to sign for the delivery so that the Item(s) are returned to us and we will refund in accordance with our refund policy in Section 6 below.
5.2 You cannot cancel your contract:
a) If you have used the Item(s);
b) If you have taken any product out of the sealed package in which it was delivered to you;
c) If the Item(s) were made to your individual specification or personalised at your instruction.
6. Returns and Refunds
6.1 Non-faulty Items
You must within 7 days of receipt let us know by contacting us on 0114 2446688 if you wish to return an Item. You are required to take reasonable care of Items - this is a duty that you agree to. You are requested to return an item with its original packaging to ensure it is not damaged on the return journey to us. You will be responsible for all postage and packing costs applicable in relation to the return of an Item, if outside the 7 day cooling off period. If an Item is returned undamaged with its original packaging, we will offer you a refund. If you do not return an Item within 7 days of delivery, you will be deemed to have accepted the Item. We will issue a refund to you within 30 days of cancellation of the order.
6.2 Faulty Items
6.2.1 Some, but not all, Items are sold with 12 months warranties. If you have any problems with your purchase we can offer help and assistance. Please call the sales office on 0114 2446688. If we arrange for an Item to be repaired, please also send a copy of the invoice which accompanied delivery. Failure to show that you have purchased the Item from us may result in the repair becoming chargeable. If a repair is chargeable, we will tell you in advance. Repair turnaround time is dependent on the relevant manufacturer’s current workload. We will not accept any claims for losses you suffer during this time.
6.2.2 If a fault is caused by accident, misuse or negligence, or it occurs outside the warranty period, the Company shall not be liable and it will not be covered by the manufacturer’s warranty. Service estimates for an Item not covered by the manufacturer’s warranty will be chargeable to you. An estimate will be e-mailed (or sent to you by post if we do not have an e-mail address for you) and confirmation of acceptance is required within 10 days. Where such acceptance is not received, the Item will be returned not repaired and a charge may be payable.
7. Trade Marks and Copyright
7.1 All brand names, product and service names and titles and copyrights used in this Site are trademarks, trade names, service marks or copyrights of their respective holders. No permission is given by the Company for their use by any person other than the said holders and such use may constitute an infringement of the holders’ rights.
7.2 All designs, text, graphics and their selection and arrangement on this Site are the copyright of the Company. Permission is granted to users to electronically copy or print portions of this Site for their own personal, non-commercial use. Any other use of materials on this Site without the Company’s prior written consent is strictly prohibited. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without written permission from the Company.
7.3 No licence is granted to you in these Terms and Conditions to use any trade mark of the Company.
7.4 You may not use the Site for any of the following purposes:
a) Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable materials;
b) Transmitting material that encourages conduct that constitutes a criminal offence results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
c) Gaining unauthorised access to other computer systems;
d) Interfering with any other persons use or enjoyment of the Site;
e) Breaching any laws concerning the use of public telecommunications networks;
f) Interfering with or disrupting networks or websites connected to the Site;
g) Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
8. Reviews, Comments, Communication and Other Content
8.1 Registered users of this Site may post reviews, comments and other content, send communications and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. We reserve the right (but not the obligation) to remove or edit any content.
8.2 You acknowledge that any review, feedback or rating that you leave may be published and agree that it may be displayed for as long as we consider appropriate.
8.3 You agree to indemnity and hold us harmless against any claim or action brought by any third party, arising out of or in connection with any feedback, reviews, comments, communications and other content posted by you on the Site, including the violation of their privacy or intellectual property rights.
8.4 You grant us a non-exclusive, royalty free, perpetual, worldwide licence to use or edit any reviews, comments, communications and other content posted by you. We reserve the right to publish, edit or remove any such reviews, comments, communications or other content without notifying you and without your consent.
8.5 You represent and warrant that you own or otherwise control all of the rights to the content that you post and that, as at the date that the content or material is submitted to the Site:
a) The content and material is accurate;
b) Use of the content and material you supply does not breach any of our terms, policies or guidelines and will not cause injury to any person or entity;
c) The content and material is not defamatory.
8.6 It is not possible for us to be aware of the contents of reviews, comments, communications and other content posted by users of the Site. Accordingly, we operate a “notice and take down” policy. If you believe that any part of any review, comment, communications and/or other content is defamatory, please notify us immediately so that we can take action accordingly.
9. The Company’s Liability
9.1 We have taken every care in the preparation of the content of the Site. However, we cannot guarantee uninterrupted and totally reliable access to the Site, and so therefore cannot guarantee that the information will always be completely up to date and free of mistakes. If a fault occurs in the service, you should report it to us either by telephone on 0114 2446688 or by e-mail at email@example.com and we will attempt to correct the fault as soon as we reasonably can. Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. The Company will attempt to restore the service as soon as it reasonably can.
9.2 To the extent permitted by applicable law, the Company disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on the Site and the Company will not accept any liability for any loss or damage arising as a result of problems with access.
9.3 The Site may provide content from other internet sites or resources and while the Company tries to ensure that the material included on the Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. The Company will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site. If the Company is informed of any inaccuracies of the material on the Site, we will attempt to correct the inaccuracies as soon as we reasonably can. In particular, we disclaim all liabilities in connection with the following:
a) Incompatibility of the Site with any of your equipment, software or telecommunication links;
b) Technical problems including errors or interruptions of the Site;
c) Unsuitability, unreliability or inaccuracy of the Site; and
d) Inadequacy of the Site to meet your requirements.
9.4 To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss or privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Site.
9.5 Nothing in these Terms and Conditions shall exclude the Company’s liability for personal injury or death caused by its negligence.
10.1 We reserve the right to alter these Terms and Conditions from time to time by posting new terms and conditions on this Site.
10.2 These Terms and Conditions shall be governed by and construed in accordance with the laws of England and any disputes will be decided only by the English Courts.
10.3 You may not assign, sub-licence or otherwise transfer any of your rights under these Terms and Conditions.
10.4 If any provision of these Terms and Conditions is found to be invalid by any Court of competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
10.5 The Company shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.
10.6 A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of the third party which exists or is available apart from that Act.
10.7 We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.
11. Company Details
The Company Site is owned and operated by Lincoln Welding Supplies Limited, Company Number 2964978 whose registered office is at Kay Johnson Gee, Griffin Court, 201 Chapel Street, Salford, Manchester, M 3 5EQ, U.K. Our VAT registration number is GB 598654176. If you have any queries, please contact us on 0114 2446688 or by e-mail at firstname.lastname@example.org.We will endeavour to respond to your e-mail enquiry within 24 hours of receipt.