 |
for http://www.lewest.com
http://www.le-west.co.uk
http://www.lewest.co.uk
These are the terms and conditions for
the http://www.lewest.com, http://www.lewest.co.uk and http://www.le-west.co.uk
websites controlled and operated by
L.E. West Limited, whose full contact details are set out below.
QUICK LINKS:
Terms of Use
Terms and Conditions of Trading
Privacy Policy
Disclaimer and Warning
Trademark Notice
Operational Rules
Copyright Notice
Contact Details
Terms of Use
1. Use of Website on these Conditions
All use of the websites
http://www.lewest.com,
http://www.lewest.co.uk and http://www.le-west.co.uk (herein
after the 'Website’)
and the purchase of any of our products/ services from L.E. West
Limited are on the terms and conditions
below.
If you do not agree to these conditions cease use of the Website
immediately and do not order any products/ services from us.
You may print and keep a copy of these terms. They are a legal
agreement between L.E. West Limited and you “the User” and
can only be modified with L.E. West Limited’s consent.
L.E. West Limited reserves the right to change the terms at its
discretion
by changing them on the Website.
2. Accuracy of Information and Disclaimer
L.E. West Limited (‘we’; ‘us’; ‘our’)
do our best to ensure all information about our products/ services
on the Website is accurate.
If you find any inaccurate information on the Website please
let us know and we will correct it, where we agree, as soon
as practicable.
You should independently verify any information about our products/
services before relying upon it.
We make no representations that any information or descriptions
relating to our products/ services is accurate and up to
date or complete and accept no liability for any loss or
damage
caused by inaccurate information.
Although we hope this Website will be of interest to users, we accept
no liability and offer no warranties in relation to it and its content;
to the fullest extent such liability can be excluded by law.
3. Copyright on the Website
The Website contains copyright material,
trade names and other proprietary information, including, but not
limited to, text, software, photos,
graphics and may in future include video, graphics, music and
sound. The entire contents of the Website are protected by copyright
law.
We, or our licensors, own copyright and/or database right in
the selection, co-ordination, arrangement and enhancement of such
content,
as well as in the content original to it. You may not modify,
publish, transmit, participate in the transfer or sale, create derivative
works, or in any way exploit, any of the content, in whole or
in
part except as provided in these Terms. See the
Copyright notice below.
L.E. West™ and our logos on this Website are trade names
of L.E. West Limited. You may not use those names without our consent.
We may provide hypertext links to other websites which are operated
by other people. Using such a link means you are leaving our
Website and we take no responsibility for, and give no warranties,
guarantees
or representations in respect of linked sites.
4. Our Liability
Where we provide information on this Website free
of any access charge, the information is provided ‘as is’ and
we do not accept any liability on it.
Where we provide products/ services for which we charge, we accept
liability for direct loss arising from our not having used reasonable
skill and care in the provision of providing such a product/
service to you. This liability shall be limited to the price you
have paid
us for the products/ services.
In no event shall we be liable to you for, in the case of non-chargeable
services any direct, and for both chargeable and non-chargeable
services any indirect or consequential loss, loss of profit,
revenue or good
will arising from your use of the Website or information on
the Website. Subject as provided below, all terms implied by law
are excluded.
We only accept liability for death or personal injury caused
by negligence or responsibility for fraudulent misrepresentation
that
cannot, under
English law, be excluded.
We are a distributor (and not a publisher) of content supplied
by some manufacturers of the products that we sell. Any
descriptions, advice, statements, services, offers, or other information
or content expressed or made available by third parties,
including information
providers, or users, are those of the authors or distributors
and not necessarily of L.E. West Limited. We do not necessarily
endorse
nor are we responsible for the accuracy or reliability
of
any description, advice or statement made on the Website.
The information on the Website is not intended to address
your particular requirements. Such information does not
constitute any form of advice,
recommendation or product endorsement by L.E. West Limited
and is not intended to be relied upon by you in making
(or refraining
from
making) any specific purchase and/or purchasing decision,
or
other, decisions. You should take your own advice.
Warning
Although L.E. West & Co Limited hope this website will
be of interest to users of the products/ services that it offers,
L.E.
West & Co Limited accept no liability and offer no warranties
in relation to it and its content, to the fullest extent such liability
can be excluded by law.
All use of this website is subject to English law and jurisdiction
and is subject to our Terms and Conditions of Use and Terms
and Conditions of Trading.
Users of this website should use their
own judgement and obtain their own professional advice where required.
5. Barring from the Website
We reserve the right to bar users from
the Website, on a permanent or temporary basis at our discretion.
Any such user shall be notified
and must not then attempt to use the Website under any other
name or through any other user.
6. Chargeable Services
When you click to signify you wish to purchase
a product from us, you enter into a contract with L.E. West Limited.
All
chargeable products/ services are clearly marked as chargeable
on the Website and the price is shown. You must provide payment
in advance.
You must be 18 years.
We reserve the right to reject any order at
our discretion without giving any reason to you.
Our liability for
our products/ services ordered by you is set out in paragraph 4
and otherwise in these Terms.
Where you purchase goods or services
having been directed from the Website through a link to a third
party website,
any contract
you
may choose to form with them, or use of their website
is a matter between you and them. We do not accept any liability
for the
quality or type of services or goods provided by those
whom we mention
on our Website or to whom we have linked our Website.
Our terms and conditions specific to your purchasing
goods from us are set out below in Terms and Conditions
of Trading.
7. Legal Jurisdiction and Dispute Resolution
English law shall apply
to these terms, notwithstanding the jurisdiction where you are
based. You irrevocably agree that the courts of England
shall have exclusive jurisdiction to settle any dispute which
may arise out of, under, or in connection with these Terms and for
those purposes irrevocably submit all disputes to the jurisdiction
of the English courts. The place of performance shall be England.
We
make no warranty or guarantee that the Website or information available
over it complies with laws other than those of England.
8. General
Any formal legal notices should be sent to us at the address
at the end of these Terms by email confirmed by post.
Failure by
us to enforce a right does not result in waiver of such right.
You
may not assign or transfer your rights under this agreement.
Nothing
in these Terms is intended to, nor shall it, confer any benefit
on a third party whether under the Contracts (Rights
of Third Parties)
Act 1999 or otherwise.
We may amend these Terms at any time
by posting a variation on the Website. Further Information and Contact Details
Further information on these conditions or any queries on them can
be obtained from:
| Telephone: |
(+44) (0) 20 8532 7777 |
| Facsimile: |
(+44) (0) 20 8594 0324 |
| E-mail: |
admin@lewest.com |
| Address: |
L.E. West Limited
Unit 18
The IO Centre
River Road
Barking
IG11 ODR
England |
L.E. West Limited is a company registered in England & Wales,
company registration number 00498721.
TERMS AND CONDITIONS OF TRADING
LE West Limited
These Terms and Conditions of Trading apply
to all purchases of the goods/services (“Goods”) between
us/we/our (“LE West Limited”) and you/your/buyer/purchaser
(“the Customer”) with the exception of your simply
browsing our website for which separate terms and conditions
apply.
1. Product Specifications
1.1 We have a policy of continuous
product development and reserve the right to amend the specification
of products without prior notice.
1.2 Goods supplied may differ
as a consequence from those on display or advertised. Unless
agreed with you, the goods supplied will be of equivalent
value, functionality and appearance. Any significant variations
will
be highlighted to you and in the event that they are not
satisfactory you will be entitled to return the goods within
the timescale
specified in section 7.1.
1.3 We may withdraw the sale or
distribution of any goods generally supplied by us without
prior notice, or
liability, to you.
1.4 We promise that for any goods that
you purchase from us, that: (1) we have the right to sell the
goods
to you; (2) the goods will correspond with the description
we have given to you; and (3) the goods will be of satisfactory
quality. We also promise that any service we provide to you
will
be provided with reasonable skill and care.
2. Prices
2.1 All advertised prices EXCLUDE VAT AND CARRIAGE COSTS. All products
will have VAT and carriage costs added to the final invoice
total
upon submission of your order, where appropriate, at the
prevailing rate and are subject to any promotional offer or
discount that
we may offer from time to time.
2.2 Goods may be subject to
additional taxes if they are being exported outside the UK.
Our advertised
prices do not incorporate any such taxes or duties. You are
advised to make your own enquiries in respect of this.
3. Information
3.1 We will not accept liability for any extra costs incurred
by
you as a result of your providing us any incorrect or incomplete
information which results in delays in our fulfilling your
order.
3.2 You accept that it is your responsibility to ensure
the accuracy
of your order and to ensure that the goods meet your requirements.
3.3 You are responsible for ensuring that you comply with all
applicable laws, rules and regulations for purchasing goods
from us. You
also agree to comply with any manufacture’s instructions
supplied with the goods in respect of their storage, applicability
and use and certify that you are legally entitled to receive,
use and dispense said items and/or goods
3.5 Where goods are
taken outside the UK, you agree to comply with any regulations
or legislation
governing the importation of the goods into the country or
destination and for the payment of any other duties and/or
taxes on them.
4.
Payments
4.1 Until a credit account is approved by L E West
Ltd payment must be made “Pro Forma” at the time
of your order. L E West Ltd reserves the right to cancel
your order if
payment is not received within 15 business days. Goods will
not be shipped until payment is 100% received.
4.2 All goods
remain
the property of L E West Ltd until paid for in full. L E
West Ltd reserves the right to reclaim unpaid goods at anytime.
4.3 Credit accounts will be established at the sole discretion
of L E West Ltd. To have your account reviewed for credit
account
status please contact sales@le-west.co.uk
4.4 Credit account
customers will be required to provide payment win full within
15 working days of the final invoice date.
4.5 In the event
that credit account customers do not pay the full amount
of your invoice
or we have any difficulty in obtaining payment from you we
reserve the right to cancel your order and reclaim the goods,
less an
administration fee of 15% of the total order (including VAT)_+
100% of shipping costs. but at no times shall the admin fee
be less than £25 + VAT.
4.6 Where payment is made by
credit, charge or debit card, the transaction will be handled
for you
by our card processors to whom you will pay a handling charge
of 2.5% of the transaction amount. The balance of the transaction
amount will be paid to LE West Limited for the products.
The total amount payable by all customers, regardless of
the method
of payment (whether by cash, cheque or debit card), will
be the same.
4.7 If payment is made by bank transfer, the
total invoice
amount must be deposited and all transfer fees paid by customer.
4.8 Orders under £150 GBP shall only be accepted at
the discretion of LE West Ltd on a case by case basis. Furthermore,
L E West reserves the right to apply an administration fee
of
their choosing to any order under £150 GBP. Customer
will be notified of the amount of said administration fee
prior to
acceptance of order. If customer does not approve of the
fee their order will be cancelled.
4.9 All transactions,
invoices
and payments shall be carried out in GBP (£’s)
only. Please note that where alternate currencies (EURO and
USD$) are
shown, they are supplied as informational estimates only-
all transactions will be carried out in GBP and converted
at the
prevailing rate for the day of the transaction.
5. Delivery
5.1 Your estimated delivery date which will be communicated to
you by e-mail will become the target delivery date unless
otherwise
advised by us in writing.
5.2 Whilst L E West Ltd will make
reasonable endeavours to meet the delivery date requested,
third parties
(Fed-Ex, DHL, Royal Mail, etc…) will be contracted
to execute delivery and thus delivery date shall be considered
an ESTIMATE
ONLY and you should not rely on them for time sensitive items.
5.3 Any changes made to the content of your order may have an
impact on your delivery date. We may therefore be unable
to deliver
your goods on your confirmed delivery date should changes
occur and if so, a new delivery date will be given.
5.4 If
you are unable,
for whatever reason, to take delivery of your goods on the
confirmed delivery date, we reserve the right to charge you
for any subsequent
attempts to deliver. Alternatively your goods may be held
by the local postal office or courier’s office for
your collection.
5.5 If you cancel your order within 3 days
of the delivery date,
we reserve the right to charge an administration fee of £25
+VAT to cover any costs incurred by us.
5.6 If we or our couriers
accidentally damage goods in the course of delivery then
our liability for that damage is limited to the replacement
of the
goods or the value thereof.
5.7 We or our couriers will not
be liable for any consequential loss or damage arising out
of the
late or non-delivery of goods, and time of delivery is not
of the essence of this agreement.
5.8 Risk of damage or loss
of
the goods shall pass to you on dispatch and title in the
goods shall pass to you upon our receiving full payment in
respect
of them.
5.9 L E West Ltd shall not be liable for any delay
or non-performance of any of its obligations caused by an
event
or circumstances beyond its control including but not limited
to: weather disruptions, war, riots, strikes, or acts of
God.
5.10 L E West Ltd will only agree to provide specific
standards
of packaging and specific labelling of the Goods ordered
(whether to enable the importation into a non-United Kingdom
jurisdiction
or otherwise) if:
5.10.1 You have obtained L E West’s
consent to complying with such standards and requirements
prior to submitting
your order; and
5.10.2 Upon submitting your order you pay
in accordance with Clause 4.1 above, such charges as are
notified
to you by
L E West in connection with complying with such standards
and requirements. |
|
6. Returns and Refunds
6.1 Save for pharmaceutical
goods, if you decide within 7 days of the date on which you receive
your goods that you do not wish to retain them, you should contact
L E West Ltd immediately to apply for return approval. L E West
Ltd reserves the right to accept or reject return requests for
any reason at its sole discretion.
6.2 If your return is approved,
you will be required to return your goods to us at your own
expense, in their original condition and packaging with your
sales invoice,
and you will be refunded the sums you have paid to us less
any postal/ courier fees that we have paid to deliver the goods
to
you, plus an administration/restocking fee of 15% of the total
order (including VAT)_but no less than £25 + VAT.
6.3 Goods
that we specifically order in for you, or goods which have a
limited expiry date of less than 3 months, goods which must be
kept refrigerated or other special storage conditions apply may
not be returned nor will we provide any refund unless they are
defective. If customer believes said goods are defective then
they are instructed to contact L E West Ltd immediately (no more
than 7 days upon receipt of goods) to apply for a return.
6.4 Upon receipt of goods approved for return, L E West Ltd will
examine the goods and determine if a refund or replacement is
warranted. L E West Ltd reserves the right to accept or reject
a refund or replacement request for any reason and at its sole
discretion.
6.5 Pharmaceutical goods shall not be accepted for
return under any circumstance.
7 Guarantees
7.1 L E West Ltd will
use all reasonable endeavours to obtain for you the benefit of
any warranty or guarantee given to L E West Ltd by the manufacturers
of your Goods ordered.
7.2 Goods ordered are NOT sold as being
fit for any particular use or purpose.
7.3 These guarantees do
not cover fair wear and tear; neglect; abuse or misuse of the
goods; use of goods outside the UK territory, loss or damage
due to your failure to store the goods following the special
instructions given on any packaging or advisory note that accompanies
them, damage due to fire, smoke, water, lightning, sunlight,
weather, rusting, corrosion, infestation by animals or boring
insects, theft or explosion; accidental damage or consequential
loss.
7.4 Goods will be despatched to you with a reasonable amount
of time prior to the expiry of any “use by” dates
on the goods. Unless there is a delay as a result of a fault
on our part, we cannot accept any liability for any delays
in delivering goods to you and delivering them with a reasonable
amount of time remaining on any use by date on the goods.
8 Claims/
Liability
8.1 If we deliver incorrect or damaged items you should
contact us immediately at the address given below. In any event
within 3 days of the date you receive them.
8.2 Where possible
and at our sole discretion, we will arrange to repair or replace
defective goods. Should a particular type of product be no longer
available, it will be replaced with a product that most closely
matches it.
8.3 Save as set out in these terms and conditions,
we exclude all other express or implied terms, conditions,
warranties, representations or endorsements whatsoever with
regard to the
goods, our website or any information or service provided through
our website. We will do our best to ensure that all materials
and information published on our website are accurate, but
please note that all materials and information on our website
are provided
on an ‘as is’ basis. L E West Ltd accepts no responsibility
for the use of the aforementioned advice or materials. Customers
are strongly encouraged to seek additional medical, product
and professional advice elsewhere.
8.4 We will not be liable for
any consequential loss or damage arising out of defective, damaged
or wrongly delivered goods over and above the value of the goods
themselves. This does not affect your statutory rights.
8.5 You
agree to indemnify L E West Ltd against any loss or damage suffered
by L E West Ltd as a result of any claims brought against L E
West Ltd by any third party (including without limitation individuals
to whom you supply the Goods) for:
8.5.1 any loss, injury or damage
caused by your Goods or their use;
8.5.2 any loss, injury or damage
in any way connected with this Contract provided that this
Clause will not require you to indemnify L E West Ltd against
any liability
for L E West Ltd’s own negligence.
9. General
9.1 We may
assign, novate or subcontract any or all of our rights and obligations
under these terms and conditions at any time.
9.2 We may alter
these terms and conditions from time to time and post the new
version on our website, following which all use of our website
and the ordering of goods/services from us will be governed by
that version. You must check the terms and conditions on the
website regularly.
9.3 These terms and conditions together with
the website terms, privacy policy, any order form and payment
method instructions, if any, are the whole agreement between
you and us. You acknowledge that you have not entered into this
agreement in reliance upon any warranty or representation made
by us any other person and you waive any rights to damages/rescission
you may have for misrepresentation (other than a fraudulent misrepresentation)
that is not contained in the website terms, these terms and conditions,
privacy policy, order form and payment method instructions.
9.4 If any provision or term of these terms and conditions shall
become or be declared illegal, invalid or unenforceable for any
reason whatsoever, such term or provision shall be divisible
from the other terms and conditions and shall be deemed to be
deleted from them.
9.5 LE West Limited shall not be held liable for
any failure to perform any of its obligation to you, due to
causes beyond our reasonable control.
9.6 Failure by either party to
exercise any right or remedy under this agreement does not constitute
a waiver of that right or remedy.
9.7 LE West Limited is a registered
data controller in accordance with the Data Protection Act
1998 (“the Act”). We process your personal data
in accordance with the Act. Please refer to our website for
further details.
9.8 These terms and conditions shall be governed and construed
in accordance with the laws of England & Wales and you agree
to abide by the jurisdiction of the same.
L.E. West Limited, Unit
18, The IO Centre, River Road, Barking IG11 ODR England
Telephone:
(+44) (0) 20 8532 7777
Facsimile: (+44) (0) 20 8594 0324
E-mail:
admin@le-west.co.uk
L.E. West Limited is a company registered
in England & Wales,
company registration number 00498721. |
Privacy Policy
Your right to privacy is important to L.E. West Limited (‘we’, ‘our’, ‘us’’).
We are keen to strike a fair balance between your personal privacy
and ensuring you obtain full value from the Internet and other products/
services we may be able to market to you.
We have applied for registration with the Information Commissioner
under the Data Protection Act 1998 (the ‘Act’). We will
ensure that we comply with all protection the Act affords to you.
Further information on the Act is available at www.informationcommissioner.gov.uk
Applying for an Account Online
In some areas of our website, we ask
you to provide information that will enable us to enhance your
use of our website or to correspond/
reply to you after you place an order with us or raise a query.
This would also include where you subscribe to our online newsletters
or provide feedback to us through contact form or when you complete
any online survey we may offer from time to time. When you do
so, we ask you to give us your name, e-mail address and other personal
information that will be needed to supply the products/ services
to you. In relation to any online newsletters that we provide
to
you, you can ‘unsubscribe’ at any time.
We may use
your personal data for future e-mail mailings, notification
of new products or new versions, general correspondence regarding
the products/ services and correspondence which may relate to
you.
If you would rather not receive future marketing e-mails from
us please inform us by e-mail at admin@le-west.co.uk
The information
you provide will be kept confidential and will be used only to
support your customer relationship with us. We
do not
disclose or sell your information outside our corporate group
except if we sell the whole or part of our business.
Ordering Online
Making sure you can buy safely online is a priority
for us and we have made strenuous efforts to ensure that our online
shopping
store security is one of our highest priorities and we have devoted
a great deal of effort to ensure that our online security measures
help to safeguard your information.
We hope that once you understand
the measures we take to help ensure secure transactions and privacy,
and the steps you can
take yourself,
you will be as happy about the safety of your online transaction
and order information as we are.
We have no desire to infringe
your privacy while using our website and we will never provide
your personal information to anyone
else except if we sell our business in whole or in part.
Cookies
We use cookies (defined below) for collecting user information
from the website and to enhance the user experience. Our database
system
also require cookie identification to interact with you. We will
not collect any information about you except that required for
system administration of the web server and otherwise as described
above.
Cookies
A cookie is a message given to a web browser by a web server.
The message is then stored by the browser in a text file called
cookie.txt. Each time the browser requests a page from the server,
this message
is sent back. A cookie’s main objective is to identify users
and personalise their visit by customising web pages for them,
for example by welcoming them by name next time they visit the
same website. A website using cookies will usually invite you to
provide personal information such as your name, e-mail address
and interests.
Further Information
For further information from us on data protection
and privacy contact:
| Telephone: |
(+44) (0) 20 8532 7777 |
| Facsimile: |
(+44) (0) 20 8594 0324 |
| E-mail: |
admin@lewest.com |
| Address: |
L.E. West Limited
Unit 18
The IO Centre
River Road
Barking
IG11 ODR
England |
Information on the Data Protection Act 1998 is also on the Information
Commissioner’s website at www.dataprotection.gov.uk
Use of
this website is subject to our Terms and Conditions.
L.E. West Limited
is a company registered in England & Wales,
company registration number 00498721.
Privacy Policy of L.E. West
Limited
2005
Trade Mark Notice
The trade marks and logos (the ‘Trade Marks’) used and
displayed on this website are registered and unregistered trademarks
of L.E. West Limited and others and may not be used in any advertising
or other publicity materials in relation to the distribution of any
information or materials obtained from this website without the prior
written consent of the Trade Mark owner.
L.E. West™ is a Trade
Mark of L.E. West Limited in the United Kingdom and other countries.
Further Information
For Trade Mark enquiries contact:
| Telephone: |
(+44) (0) 20 8532 7777 |
| Facsimile: |
(+44) (0) 20 8594 0324 |
| E-mail: |
admin@lewest.com |
| Address: |
L.E. West Limited
Unit 18
The IO Centre
River Road
Barking
IG11 ODR
England |
Disclaimer and Warning
Although L.E. West & Co Limited hope this website will be of
interest to users of the products/ services that it offers, L.E.
West & Co Limited accept no liability and offer no warranties
in relation to it and its content, to the fullest extent such liability
can be excluded by law.
All use of this website is subject to English
law and jurisdiction and is subject to our Terms and Conditions
(insert link).
Users of this website should use their own judgement
and obtain their own professional advice where required.
Operational Rules
You (User/Customer) must comply with these operational rules to
use www.lewest.com and www.le-west.co.uk.
1. SECURITY
1.1 You are responsible for all the actions of any and
all users assigned to your account on this Website.
1.2 The security of all passwords given to you and your additional
users to access the Website and place orders is your responsibility.
1.3 L E West Ltd holds records of all your orders, which will be maintained
for your own forecasts. These will be kept confidential.
Copyright Notice
- The material on this website is protected by copyright and/or
database right throughout the world and unless otherwise stated
is owned by L.E. West Limited or its licensors.
- This material does
not constitute medical or other professional advice,
nor is it intended to be comprehensive. At best the material
may only provide a summary and/or review of aspects of the subject matter
published.
- You may read, print and download material from
this website for private non-commercial use, or for the purposes
of purchasing the goods
on offer. This permission does not extend to that material which is
protected by copyright belonging to a third party.
- You may
not commercialise or otherwise copy (in the course of business)
the material without our permission.
- Distribution and reselling
the material is strictly prohibited.
- L.E. West
Limited does not accept any responsibility for any material provided
by way of hypertext link whether ‘to’ or ‘from’ this
website. Such links are provided ‘as is’ with
no warranty (whether express or implied) for the information
provided
within
such links. See also our Disclaimer and Warning and
Privacy Policy.
- In any event use of this website is
subject to our Terms and Conditions.
| Telephone: |
(+44) (0) 20 8532 7777 |
| Facsimile: |
(+44) (0) 20 8594 0324 |
| E-mail: |
admin@lewest.com |
| Address: |
L.E. West Limited
Unit 18
The IO Centre
River Road
Barking
IG11 ODR
England |
L.E. West Limited
Terms and Conditions and Legal Notices
for http://www.lewest.com
http://www.le-west.co.uk
copyright 2005
All Rights Reserved
|
