Terms and Conditions of Sale
1. Your Account
Please carefully read these Terms and Conditions before purchasing any Lescott Stewart products on the Website. By purchasing Lescott Stewart products on the Website, you agree to be bound by these Terms and Conditions.
Lescott Stewart reserves the right to refuse access to the Website, terminate accounts, remove or edit content, or cancel orders at its discretion. If we cancel an order, it will be without charge to you.
2. Our Contract
When you place an order to purchase a product from the Website, we will send you an email confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send an email to you confirming that we have accepted the order (the ‘Order Confirmation Email’).
We will endeavour to deliver all products you have ordered within the time period specified on your Order Confirmation Email
If your order has not been received within our specified timescales as further set out below, in the first instance please check with your local mail delivery office to see that they are not holding your parcel. If they confirm that they do not have your products, please contact us and we will do our best to assist.
You can only return Lescott Stewart products that have been purchased directly through this Website. Lescott Stewart products purchased at a retail store or from other websites must be returned to the original store or site from which they were purchased.
If for any reason you are not happy with your Lescott Stewart products, please follow our Delivery, Returns and Exchanges Policy, so that we can assist you in the exchange or refund of your order. Lescott Stewart reserves the right to reject the return of products that are not returned in accordance with our Returns and Exchanges Policy Procedure. Our returns policy does not affect your statutory rights.
A. Returns or Exchange
You may exchange or return new, unworn or unused products within fourteen (14) days from the date on which the goods were shipped to you. Where you wish to exchange a product, please note that you may be required to pay an additional sum where the replacement product is more expensive that the original item purchased.
Please note: your right to exchange or return products is separate from your statutory right to cancel your order under the Distance Selling Regulations (see below).
a) There is no delivery cost if you are returning goods for exchange or return.
b) We will not refund the original delivery charge in the case of exchanges or returns.
Please note: you will only be reimbursed the original delivery charge where you exercise your statutory right to cancel within the 7 working day period beginning after the day of receipt of the goods under the Distance Selling Regulations – see Statutory Right to Cancel below.
c) In the case of returns, you will only be refunded the value of the goods ordered.
This Returns Procedure does not affect your statutory right to cancel or any of your other statutory rights.
B. Statutory Right to Cancel
In addition to our Returns or Exchange Procedure, under the Distance Selling Regulations you also have seven (7) working days (beginning the day after receipt of the goods) to cancel your purchase order.
a) Where you exercise your statutory right to cancel, we will provide a full refund on the price paid for the goods and the original delivery charge.
b) Where you fail to return the product(s) in question or you send them at our expense, or if our appointed courier collects the goods from you, we reserve the right to charge you for the direct costs incurred by us in collecting or returning the goods (other than where the goods have been sent to you in error or where such goods are faulty in which case, such costs shall be at our expense).
Where you exercise your right to cancel within 7 (seven) working days, you should return the goods to us as soon as reasonably practicable. Please note: if we have provided any services as part of the purchase (e.g. products made to order or gift wrapping) and we have begun to provide these services before you have exercised your right to cancel, we shall not reimburse the costs of such services.
How do I exercise my statutory right to cancel?
In order to exercise your right to cancel, please send an email to email@example.com.
Your email will be deemed to have been received by us on the date you send it (provided it is sent to the correct address and it is sufficiently clear that you are exercising your right to cancel). Please try and keep the confirmation the email to demonstrate the date when you sent it.
6. Conditions for All Returns, Exchanges or Statutory Right to Cancel
All goods must be returned to us unused, together with all original packaging (please note you have a duty to take reasonable care of returned goods and any refund may be withheld or a charge incurred if you fail to take such care and damage the goods). Please make sure that your return package is packed and sealed securely (in or with the original packaging if possible). Packages must be returned with the freight prepaid. We recommend the use of an insured parcel service, such as Royal Mail Special Delivery.
With your purchase of Lescott Stewart products, you will receive a Delivery Note and Returns Form. To return items you must email us at firstname.lastname@example.org to get an authorisation number and the returns address. Once you have these simply fill out your Returns Form as instructed, include the Returns Form in the package (including your Delivery Note number) then post it back to us.
If there are any discrepancies with your order, you must notify us as soon as possible. If you have been shipped the incorrect goods then please do accept our apologies. Please follow the Returns Procedure and on receipt of your order, we will reimburse the cost of returning them to us. Any replacements will be sent to you at no extra cost to yourself.
Please note that the return postage refund will be sent by cheque. Please allow up to thirty (30) days for your refund to be processed.
8. Feedback and Complaints Policy
We welcome any comments about our service, so that we can improve what we are doing. Our aim is to deal with any problems quickly and fairly. If you have reason to complain about our service, please e-mail our Customer Services Team (email@example.com) stating clearly that you are making a complaint. Our aim is to respond to your complaint within seven (7) working days, either resolving the complaint, or with a timescale for resolution.
9. Pricing and availability
All prices are quoted in Pounds Sterling and are inclusive of VAT unless otherwise specified. All item prices are exclusive of delivery charges. We list availability information for products sold by us on the Website, including on each product information page. Beyond what we say on that page or otherwise on the Website, we cannot be more specific about availability. Please note that shipping dates are estimates only. Unless otherwise stated, dispatch dates are not guaranteed and should not be relied upon. As we process your order, we will inform you by email if any products you order are subsequently found to be unavailable.
Despite our best efforts, a small number of the products on the Website may be mis-priced. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping the products or cancel your order and notify you of such cancellation.
10. Disclaimer and limitation of liability
This Website is provided by Lescott Stewart on an "as is” and "as available” basis. Lescott Stewart makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, or products included on this Website. It is expressly agreed by you that your use of this Website is at your sole risk.
Lescott Stewart disclaims all warranties, express or implied, including, but not limited to, implied warranties of saleability and fitness for purpose to the fullest extent permissible by applicable law. Lescott Stewart does not warrant that this Website, its servers, or e-mail by us are free of viruses or other harmful components. Lescott Stewart will not be liable for any damages of any kind arising from the use of this Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
11. Electronic communications
When you visit the Website or send emails to us, you are communicating with us electronically. We will communicate with you by email or by posting notices on the Website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Any dispute relating in any way to your visit to the Website or to products you purchase through the Website may be submitted to the courts of England and Wales, except that, to the extent you have in any manner violated or threatened to violate Lescott Stewart’ intellectual property rights, Lescott Stewart may seek injunctive or other appropriate relief in any court in any country in the world, and you consent to exclusive jurisdiction of such courts.
14. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our Website, policies, and these Terms and Conditions of Sale at any time. Your usage of the Website and your orders will be subject to the policies and Terms and Conditions of Sale in force at the time that you use the Website or that you order products from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of the provisions of these Terms and Conditions of Sale are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remaining conditions.
15. Events beyond our reasonable control
Lescott Stewart will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
18. Governing law and jurisdiction
Your use of the Website, any purchase by you on the Website of any products and these conditions will be governed by and construed in accordance with the laws of England and Wales and will be deemed to have occurred in England. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.
Your statutory rights are not affected by these terms and conditions
19. Our details
The Website is owned by Lescott Stewart, Lescott Stewart Limited, 20 Cavendish Court, Oakhill Close, Edgbaston, B17 8DE
▪ Company registration number: 7747698
▪ Company registration address: 20 Cavendish Court, Oakhill Close, Edgbaston, B17 8DE
▪ V.A.T. Registration number: GB 125 3193 35
▪ Registered: England and Wales
© 2012 Lescott Stewart Limited. All Rights Reserved.
Terms of Website Use
Information About Us
www.lescott-stewart.co.uk is a site operated by Lescott Stewart ("We"). We are registered in England and Wales under company number 7747698 and have our registered office at 20 Cavendish Court, Oakhill Close, Edgbaston, B17 8DE. Our main trading address is 20 Cavendish Court, Oakhill Close, Edgbaston, B17 8DE, England. Our VAT number is GB 125 3193 35.
ACCESSING OUR SITE
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Reliance on Information Posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
Our Site Changes Regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
The Internet is by its nature an unreliable medium. Consequently you accept that this Website is offered on an ‘as is basis’ and ‘as available basis’. Whilst Lescott Stewart takes all reasonable steps to ensure that the Website is properly functioning at all times, Lescott Stewart does not warrant that this Website will be un-interrupted, timely, secure or error free, that defects will be corrected or that this Website or the server that makes it available are free of software viruses or bugs or other defects.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information About You and Your Visits to Our Site
Transactions Concluded Through Our Site
Contracts for the supply of GOODS formed through our site or as a result of visits made by you are governed by our terms and conditions of sale.
UPLOADING MATERIAL TO OUR SITE
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, create derivative works from, distribute and disclose to third parties any such material for any purpose. By submitting Material to this Website you warrant that you have the right to make it available to Lescott Stewart, the Material is not defamatory and the Material does not infringe any law or rights or interests of any 3rd party in any country of the world, in particular that the Material does not plagarise or infringe on the rights of third parties including copyright, trade mark, trade secret, privacy, personal publicity or proprietary rights. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.
You agree to indemnify Lescott Stewart against all legal fees, damages and other expenses that may be incurred by Lescott Stewart as a result of your breach of the above warranty. You also agree to waive any moral rights in the Material for the purposes of its submission to and publication on the Website and the other purposes specified above.
Viruses, Hacking and Other Offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Linking to Our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards.
If you wish to make any use of material on our site other than that set out above, please address your request to firstname.lastname@example.org.
Links from Our Site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Jurisdiction and Applicable Law
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
Lescott Stewart, and LS, are registered trademarks of Lescott Stewart Limited.
If you have any concerns about material which appears on our site, please contact email@example.com.
Thank you for visiting our site.