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Terms & Conditions

Thelenticulargallery.co.uk is a site operated by Lentico Ltd

We are registered in England and Wales under company number 08821630 and with our registered office at Units 1-3lg, Dajen Business Park, Second Avenue, CHATHAM ME4 5AU

Our main trading address is:Units 1-3lg, Dajen Business Park, Second Avenue, CHATHAM ME4 5AU

Our VAT number is: GB 183995058

To contact us, please see our Contact Us page.

Terms of Use

The terms of use on which you may make use of our website Thelenticulargallery.co.uk (our site), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.

These Terms will apply to any contract between us for the sale of Goods to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Goods from our site.  Please note that by ordering any of our Goods, you agree to be bound by these Terms and the other documents expressly referred to in it.

If you refuse to accept these Terms, you will not be able to order any Goods from our site.

You should print a copy of these Terms or save them to your computer for future reference.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

Changes to these terms

We may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Other applicable terms

These terms of use refer to the following additional terms, which also apply to your use of our site:

How we use your personal information

We only use your personal information in accordance our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.

Our Privacy Policy, which also contains our cookie policy, sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

If you purchase goods from our site, our Terms and conditions of supply will apply to the sales. (See Purchasing)

Purchasing

By purchasing goods from us you enter a legally binding contract with us on the following terms. You should read and understand these terms because they affect your rights and liabilities.

These terms describe the basis for purchase by you and sale by us of the Goods described on this web site.

Your Status

By placing an order through our site, you warrant that:

  • You are legally capable of entering into binding contracts;
  • You are at least 18 years old; 

If you are a consumer
This clause only applies if you are a consumer.

As a consumer, you have legal rights in relation to Goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

If you are a business customer
This clause only applies if you are a business.

If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Goods.

These Terms and our Privacy Policy, constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of the us which is not set out in these Terms or our Privacy Policy.

Definitions and Interpretation

In these terms the following words have the following meanings.

Contract

How the contract is formed between you and us

For the steps you need to take to place on order on our site, please see our Home page.

Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

After you place an order, you will receive an e-mail from us acknowledging that we have received your order.  However, please note that this does not mean that your order has been accepted.  Our acceptance of your order will take place as described below;

We will confirm our acceptance to you by sending you an e-mail that confirms that the Goods have been despatched (Despatch Confirmation).  The Contract between us will only be formed when we send you the Despatch Confirmation.

If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 12.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Goods, we will refund you the full amount as soon as possible.

The contract for the sale and purchase of the Goods.

Delivery Area

We deliver to worldwide

Details of the order: Our Goods

The quantity, quality and description of the Goods will be those set out in your order (if accepted by us).  Orders are accepted at our sole discretion but are normally accepted if the Goods are available, the order reflects current pricing, you are based in the Delivery Area and your credit or account card is authorised for the transaction. The Goods that can be ordered via our Web Site are available for sale outside the United Kingdom.

Any drawings, photographs, descriptions or advertising we issue, and any photographs, descriptions or illustrations contained on our site, are issued or published solely to provide you with an approximate idea of the Goods they describe. They do not form part of the Contract between you and us or any other contract between you and use for the sale of the Goods.

The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display the colours and Goods accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Goods. Your Goods may vary slightly from those images.

The packaging of the Goods may vary from that shown on images on our site.

The materials used to produce the Goods may vary from time to time from that stated on our site but any substitute materials used will be of a comparable quality to the original materials.  

All Goods shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.

Our right to vary these terms

We may revise these Terms from time to time in the following circumstances:  

  • changes in how we accept payment from you; 
  • changes in relevant laws and regulatory requirements; and
  • changes in how we deliver Goods to you.

Every time you order Goods from us, the Terms in force at that time will apply to the Contract between you and us, you should therefore review them before each purchase.

Your consumer right of return and refund

This clause only applies if you are a consumer.

If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep the Goods, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.

Your legal right to cancel a Contract starts from the date of the Despatch Confirmation, which is when the Contract between us is formed. If the Goods have already been delivered to you, you have a period of 14 (fourteen) working days in which you may cancel, starting from the day after the day you receive the Goods. Working days means that Saturdays, Sundays or public holidays are not included in this period.

To cancel a contract you must inform us in writing by email to sales@lentico.co.uk to tell us. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.

However, this cancellation right does not apply in the case of:

  • any Goods made to your specification or clearly personalised

You must return the Goods to us as soon as reasonably practicable; in the same condition in which you received them and at your own cost and risk.

You have a legal obligation to keep the Goods in your possession and to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

Details of your legal right to cancel and an explanation of how to exercise it are provided in the Despatch Confirmation.

Once we have received and inspected the returned Product(s) we will process your refund as soon as possible and in any case within 14 days of the day you have given notice of your cancellation provided the Product(s) have been returned to us in the same condition as delivery.  In this case we will refund the price of the Product in full, including the cost of sending the item to you up to our cheapest delivery method (we will not refund premium delivery surcharges).  We recommend that you return all items to us via recorded delivery as we will not be liable for any damage or loss whilst in transit.

If you return a Product to us outside of the 14 day period because you claim it is defective or mis-described, we will examine the returned Product and if you are entitled we will notify you of our intentions to either repair, replace or refund via email within a reasonable period of time.  We will usually process your repair, replacement or refund as soon as possible and, in any case, within 30 days of receiving the defective Product.  In these cases we will refund the cost of the Product, the delivery to you and up to £100.00 of the cost of return to us (proof of carriage cost will be required).

Refunds to you will be made using the same payment method you originally used when purchasing the Product(s).

As a consumer, you will always have legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by the returns policy or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

Postage and Packaging

Postage and Packaging is charged on all orders unless otherwise stated

Payment terms

We will charge your credit/debit card account for payment upon receipt of order unless delivery cannot be fulfilled within 30 days. Items with a lead-time greater than 30 days will be charged up to 7 days prior to despatch. We accept no liability if a delivery is delayed because you did not give us the right payment details. If it is not possible to obtain full payment for the Goods from your account on delivery of the Goods to you, we can cancel the Contract or suspend any further deliveries to you. This does not affect any other rights we may have.  We will take all reasonable care to keep all information connected with your order secure but we cannot be held liable for any loss that you may suffer if a third party obtains unauthorised access to any data, including credit and account details you provide when accessing or ordering from this Web Site, unless this is solely due to our negligence.

Delivery

We will deliver the Goods to the address you specify for delivery in your order.  If payment is made by card, Goods must be sent to the address as shown on the cards statement.  It is important that this address is accurate. It is a condition that all orders despatched will require a signature on delivery. We will never leave items unless they have been signed for, unless you have specified a clear request to the courier company for them to leave in your designated safe place, at which point you accept full responsibility for the Goods/Product at that point. We cannot accept any liability for any loss or damage to the Goods once they have been delivered and signed for. We will aim to deliver the Goods by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you to arrange an alternative time.

Risk and ownership

Risk of damage to or loss of the Goods passes to you at the time of delivery to you or, if you fail to take delivery at the agreed time, the time when we tried to deliver.  You will only own the Goods once they have been successfully delivered and when we have received cleared payment in full.

Pricing

Our Product(s) to you will be charged at the price displayed on the website. If however a Product(s) is priced incorrectly, we will inform you of the correct price before proceeding with the Contract.  We are under no obligation to provide Product(s) to you at the incorrect price.  All prices include VAT where applicable, but exclude delivery costs, which will be added to the total amount due as set out in our delivery information page.

Prices can change at any time but will not affect orders which have already been placed and accepted.

How to pay

You can pay for Goods using a debit card or credit card supported through our Stripe payment platform. Payment for the Goods and all applicable delivery charges is in advance. We will charge your debit card or credit card account before processing and producing your order.

Warranties

We aim to provide high quality Goods to our customers. Goods are covered by the manufacturers guarantee. Although we aim to provide our customers with high quality Goods and takes all reasonable steps to ensure you are pleased with your purchase, unless otherwise stated our Goods are covered only by the manufacturer’s guarantee.

Our liability if you are a business
This clause 14 only applies if you are a business customer.

We only supply the Goods for internal or promotional use by your business, and you agree not to use the Goods for any re-sale purposes, unless we have entered into a separate business agreement

Nothing in these Terms limit or exclude our liability for:

  • death or personal injury caused by our negligence;
  • fraud or fraudulent misrepresentation;
  • breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
  • defective Goods under the Consumer Protection Act 1987.

We will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

  • any loss of profits, sales, business, or revenue;
  • loss or corruption of data, information or software;
  • loss of business opportunity;
  • loss of anticipated savings;
  • loss of goodwill; or
  • any indirect or consequential loss.

Our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Goods.

Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.

Our liability if you are a consumer
This clause only applies if you are a consumer.

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

We only supply the Goods for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We do not in any way exclude or limit our liability for:

  • death or personal injury caused by our negligence;
  • fraud or fraudulent misrepresentation;
  • any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
  • any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
  • defective Goods under the Consumer Protection Act 1987.

Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below:

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

  • we will contact you as soon as reasonably possible to notify you; and
  • our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

Communications between us

If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

Other important terms

We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Goods through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Copyright © 2021 The Lenticular Gallery.
All Rights Reserved.
Company No: 06979129 - VAT Reg No: GB978762645

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