TRADING TERMS AND CONDITIONS
INTRODUCTION
1.1 By clicking on the " Accept" button at the bottom
of these Terms and Conditions you agree to be legally bound
by these Terms and Conditions. OR By opening an account with
and/or trading with Langstane Press you agreed to be legally
bound by these Terms and Conditions
1.2 The website and our catalogues are designed to assist
you in your ordering of Langstane Press products ("the
Products"). Our website and catalogues describe the Products
in more detail, but manufacturers may make changes to the
specification of the Products at any time. 1.3 We make no
warranty, express or implied that making the Products available
in any particular jurisdiction outside the UK is permitted
under any law or regulation. Accordingly, if making the Products
available in your jurisdiction or to you (by reason of nationality,
residence or otherwise) is prohibited, those Products are
not offered for sale to you. You accept that if you are resident
outside the UK, you must satisfy yourself that you are lawfully
able to purchase the Products. To the extent permitted by
applicable law, we accept no liability, for any costs, losses
or damages resulting from or related to the purchase or attempted
purchase of the Products by persons in jurisdictions outside
the UK or who are nominees of or trustees for citizens, residents
or nationals of other countries.
2
BUYING PRODUCTS
2.1 All orders for Products will be deemed to be an offer
by you to purchase a Product under these Terms and Conditions
which govern the Contract between us ("the Contract")
to the exclusion of all other terms and conditions and all
Products are offered subject to availability. Acknowledgement
of receipt of order shall not constitute acceptance of an
order unless acceptance is expressly stated in the acknowledgement.
2.2 No variation of these Terms and Conditions shall be binding
unless agreed in writing between our authorised representatives
and you. Our employees or agents are not authorised to make
any representations concerning the Products unless confirmed
by us in writing.
2.3 Printing or processing by us in accordance with your instructions
is also governed by the Print Terms and Conditions, which
are available from our premises at 1 Links Place Aberdeen
AB11 5DY and will be sent to you with any quotation for such
services.
2.4 Manufacturers recommended retail prices are displayed
in our catalogues and on our website. Our pricing structure
is as agreed with and notified to you. The price of any Product
is the price in force at the date and time of your order.
We may change the price of any Product before you place an
order. We will inform you if a Product's price is higher than
that stated in your order and you may cancel the order and
decide whether or not to order the Product at the current
price. All prices are subject to the addition of Value Added
Tax at the rate prevailing on the date of the invoice. The
amount of any invoice becomes due at the time of presentation
and is payable nett not later than the 20th day of the month
following the date of the invoice.
2.5 We are entitled to refuse any order placed by you. If
the Product you ordered is unavailable, we may provide to
you a substitute of an equivalent quality and price without
notice. ("Substitute Product").
2.6 You undertake that all details you provide to us for the
purpose of purchasing Products will be correct. We reserve
the right to obtain validation of your credit, debit or purchasing
card details before providing you with any Products. Time
of payment shall be of the essence of the Contract.
2.7 You are responsible for complying with any legislation
or regulations governing the import and export of the Products
into the country of destination and/or the payment of any
applicable duties.
2.8 No order, which has been accepted by us, may be cancelled
by you except with our written agreement and on terms that
you will indemnify us in full against all loss (including
loss of profit), costs (including the cost of all labour and
material used), damages, charges and expenses incurred by
us as a result of the cancellation.
3 RETURNS
3.1 No goods can be accepted for return without prior agreement.
3.2 Returned goods may be subject to a handling charge at
your expense.
3.3 Any goods returned must be in original unmarked condition
and packaging. Packaging that has been defaced, written on,
damaged or marked in any way cannot be accepted for return.
3.4 Goods ordered specially on your behalf are strictly non-returnable
and non-refundable.
3.5 If:
3.5.1 the Product delivered is not a Substitute Product and
is not what you ordered;
or 3.5.2 the Product delivered is not fit for purpose. we
will, at our option, deliver to you a replacement Product
or refund to you the price paid.
3.6 Any claim by you which is based on any defect in the quality
or condition of the Products or their failure to correspond
with specification should be notified to us within 7 working
days of delivery or (where the defect or failure was not apparent
on reasonable inspection) within a reasonable time after discovery
of the defect or failure. If delivery is not refused, and
you do not notify us accordingly, you will not be entitled
to reject the Products and we shall have no liability for
such defect or failure, and you will be bound to pay the price
as if the Products had been delivered in accordance with the
Contract.
3.7 Where any valid claim in respect of any of the Products
which is based on any defect in the quality or condition of
the Products or their failure to meet specification is notified
to us in accordance with these conditions, we shall be entitled
to replace the Products (or the part in question) free of
charge or, at our sole discretion, refund to you the price
of the Products (or a proportionate part of the price), but
we shall have no further liability to you.
3.8 If you have any complaints, you should direct them to
us by email:
sales@langstane.co.uk
or by post at 1 Links Place Aberdeen AB11 5DY.
4 DELIVERY
4.1 Delivery of the Products shall be made by us delivering
the Products to your address for delivery in the United Kingdom.
Risk of damage, breakage or loss of the Products shall pass
to you on delivery.
4.2 Any dates quoted for delivery of the Products are approximate
only and we shall not be liable for any delay in delivery
of the Products howsoever caused.
4.3 Delivery is normally free of charge, but we reserve the
right from time to time to impose delivery or insurance charges,
which will be notified to you when your order is accepted.
4.4 Where the Products are to be delivered in instalments,
each delivery shall constitute a separate Contract and failure
by us to deliver any one or more of the instalments in accordance
with these Terms and Conditions or any claim by you in respect
of any one or more instalments shall not entitle you to treat
the Contract as a whole as repudiated.
4.5 If we fail to deliver the Products for any reason other
than any cause beyond our reasonable control or your fault,
and we are accordingly liable to you, our liability shall
be limited to the excess (if any) of the cost to you (in the
cheapest available market) of similar products to replace
those not delivered, over the price of the Products.
4.6 If you fail to take delivery of the Products or fail to
give us adequate delivery instructions at the time stated
for delivery (otherwise than by reason of any cause beyond
your reasonable control or by reason of our fault) then, without
prejudice to any other right or remedy available to us, we
may:
4.6.1 store the Products until actual delivery and charge
you for the reasonable costs (including insurance) of storage;
or 4.6.2 sell the Products at the best price readily obtainable
and (after deducting all reasonable storage and selling expenses)
account to you for the excess over the price under the Contract
or charge you for any shortfall below the price under the
Contract.
4.7 Any notification of shortages or damaged Products must
reach us within seven days from delivery.
5 INFORMATION YOU PROVIDE
5.1 The following applies to any information you provide to
us, for example during any account opening or ordering process:
5.1.1 You authorise us to use, store or otherwise process
any personal information which relates to and identifies you,
including but not limited to your name and address, to the
extent reasonably necessary to provide the services which
are available through our website by us or our sub-contractors.
If you obtain or choose to buy Products through our website
then we may collect information about your buying behaviour
and if you send us personal correspondence such as e-mails
or letters then we may collect this information into a file
specific to you (together, the various purposes shall be known
as "the Purposes"). All such information collected
by us shall be referred to in these terms and conditions as
"Personal Information".
5.1.2 You must ensure that the Personal Information you provide
is accurate and complete and that all ordering or registration
details (where applicable) contain your correct name, address
and other requested details. For more information about how
we deal with your Personal Information, please read our Privacy
Policy.
5.2 By accepting these Terms and Conditions, you agree to
the processing and disclosure of the Personal Information
for the Purposes. You also agree that the Purposes may be
amended to include other uses or disclosures of Personal Information
following notification to you by means of a notice on our
website, which you should check regularly. If you would like
to review or modify any part of your Personal Information
then you should e-mail us at
sales@langstane.co.uk
or write to us at 1 Links Place Aberdeen AB11 5DY.
6 WARRANTY AND LIABILITY
6.1 All descriptions, illustrations, sizes, weights and capacities
within the catalogues and website are given as a guide only
and Products will not necessarily conform in absolute detail.
6.2 Goods are sold subject to title not passing until full
payment has been received by us.
6.3 In relation to the purchase of Products, we accept no
liability for any indirect or consequential loss or damage,
or for any loss of data, profit, revenue or business (whether
direct or indirect), however caused, even if foreseeable.
6.4 In circumstances where you suffer loss or damage arising
out of or in connection with the viewing, use or performance
of our website or its contents, we accept no liability for
this loss or damage whether due to inaccuracy, error, omission
or any other cause and whether on our part or on the part
of our servants, agents or any other person.
6.5 If we are liable to you for any reason, our liability
will be limited to the amount paid by you for the Product
concerned. This limit does not apply to any liability we may
have for death or personal injury resulting from our negligence.
6.6 If you are ordering on-line, you are responsible for ensuring
that your computer system meets all relevant technical specifications
necessary to use our website and is compatible with our website.
We do not guarantee or warrant that any material available
for downloading from our website will be free from infection,
viruses and/or other code that has contaminating or destructive
properties. You are responsible for implementing sufficient
procedures and virus checks (including anti-virus and other
security checks) to satisfy your particular requirements for
the accuracy of data input and output.
6.7 Subject as expressly provided in these Terms and Conditions,
and except where Products are sold to a person dealing as
a consumer (within the meaning of the Unfair Contract Terms
Act 1977), all warranties, representations, endorsement, conditions
or other terms implied by statute or common law are excluded
to the fullest extent permitted by law.
6.8 We shall not be liable to you or be deemed to be in breach
of the Contract by reason of any delay in performing, or any
failure to perform, any of our obligations in relation to
the Products, if the delay or failure was due to any cause
beyond our reasonable control including (but without limitation)
strikes, lockouts or other industrial actions or trade disputes.
6.9 We shall not be liable for and you shall indemnify and
hold us harmless against any claim by or loss or damage to
any third party or third party's property directly or indirectly
occasioned by or arising from the use or possession of the
Products.
6.10 Your right to set off any sums due by you on whatever
basis against sums due by us is specifically excluded.
6.11 The limitations and exclusions in this Clause 6 only
apply to the extent permitted by applicable law.
7 GENERAL
7.1 We may assign, novate or sub-contract any or all of our
rights and obligations under these Terms and Conditions at
any time.
7.2 We may alter these Terms and Conditions from time to time
and make the new version available on our website and/or by
other means.
7.3 These Terms and Conditions together with [the privacy
policy, security policy,] any order form and payment etc.,
method instructions, if any, are the whole agreement between
you and us. You acknowledge that you have not entered into
this Contract in reliance upon any warranty or representation
made by us or any other person and you waive any rights to
damages/ recission you may have for misrepresentation (other
than a fraudulent misrepresentation) that is not contained
in the Terms and Conditions, privacy policy, order form and
payment method instructions etc.
7.4 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.
7.5 These Terms and Conditions, your use of our website and
any Contract formed by us are governed by Scots law and you
submit to the non-exclusive jurisdiction of the Scottish court.
7.6 Neither of us will be held liable for any failure to perform
any obligation to the other due to causes beyond your or our
respective reasonable control.
7.7 Failure by either party to exercise any right or remedy
under this Contract does not constitute a waiver of that right
or remedy.
8 NOTICES
8.1 All notices shall be given:
8.1.1 to us by e-mail at
sales@langstane.co.uk
or by post at 1 Links Place Aberdeen AB11 5DY ;
or 8.1.2 to you at either the e-mail or postal address you
provide during any ordering process. Notices will be deemed
received when an e-mail is received in full (or else on the
next business day if it is received on a weekend or a public
holiday in the place of receipt) or 3 days after the date
of posting.
[Please click on the "Accept" button to confirm
your acceptance of these Terms and Conditions or the "Decline"
button to exit from the website.]
WEBSITE TERMS AND CONDITIONS
Purpose of the Site
The purpose of this site is to provide you with information
on Langstane Press and our products. If you wish to order
products on-line you will enter a part of the site to which
our Trading Terms and Conditions also apply. The Trading Terms
and Conditions govern the provision of our products and services.
Neither the information nor any opinion expressed on this
part of site is an offer to provide any product or service.
By communicating with Langstane Press electronically or using
any part of this site, you are legally bound by these Website
Terms & Conditions.
Use of Site
We have made reasonable efforts to ensure the accuracy, currency,
completeness and electronic integrity of this site and the
information published on it. However, we cannot accept liability
for any loss of any kind incurred as a result of reliance
on the information provided in this site or any other website
which can be accessed by a link from this site, or the functioning
of this site. The contents of this site are subject to change
without notice.
We exclude to the fullest extent permitted by law all liability
for any claims, penalties, losses, damages, costs or expenses
arising from the use of, or inability to use, this site or
from any unauthorised access to or alteration of the site.
This site is established in the United Kingdom and is directed
to United Kingdom residents only. Scottish law governs these
Terms and Conditions and your use of this site. By accessing
this site you agree to submit to the exclusive jurisdiction
of the Scottish Courts in relation to any claim or dispute
arising out of or connected with your use of the site.
This site may not be linked with another site without the
express written consent of Langstane Press. Users of this
site are authorised only to view and download a single copy
of the material for general information purposes and are reminded
that this site's contents and constituent parts are protected
by copyright, trademark and other laws.
Supply of Information
E-mail is not a confidential or secure form of communication
and is susceptible to delay, non-delivery and can be intercepted
by third parties. Any information sent by e-mail is done so
at your own risk. Any information e-mailed to us may be emailed
on to the appropriate Langstane Press department. For details
on how information supplied when ordering products on line
is protected please read our
Security Policy.
Data Protection
You understand and agree that the information you supply online
will become part of the database held by Langstane Press as
a Data Controller in accordance with the Data Protection Act
1998 ("DPA"). The information supplied by you will
be used for research and marketing purposes and may be updated
by you at any time by contacting Langstane Press at 1 Links
Place Aberdeen AB11 5DY. Information about you will not be
supplied to anyone unless we believe it is lawful to do so
under the DPA. For more information on how we use your information,
please read our Privacy Policy.
You have the right under the DPA to request a copy of the
personal data, which Langstane Press holds about you on its
records. The fee for this service is £10.00. For further
information please contact Langstane Press at 1 Links Place
Aberdeen AB11 5DY.
Langstane
Press is a company registered in Scotland with company number
62202.
VAT no. GB 296 55 25 18.
[Please
click on the "Accept" button to confirm your acceptance
of these Terms and Conditions or the "Decline" button
to exit from the website.]
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