OUR TERMS

 

1.  THESE TERMS 

 

1.1  These are the terms and conditions on which we supply products to you.  Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

 

1.2   Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

 

•                You are an individual.

•                You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

Provisions specific to consumers only are in blue.  Provisions specific to businesses only are in green.

 

1.3.    If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation [or negligent misstatement] based on any statement in this agreement.

 

1.4  In ordering goods from us, you agree that you are buying those goods for use by your business and by placing an order with us you warrant that you are not in the business of selling or supplying any of the type of goods that you purchase from us.

 

2.  INFORMATION ABOUT US AND HOW TO CONTACT US 

 

2.1  Local Business Support Limited a company registered in England and Wales. Our company registration number is 7091589 and our registered office is at 59 Glenavon Road, London E15 4DE.  Our registered VAT number is 984020818.

 

2.2  You can contact us by:

 

Telephone on 0844 879 7538

                  Email to admin@lbs-shop.com

Writing to us at Our Head Office Address:  Local Business Support, Unit 44, 64 Orchard Place, Docklands, London E14 0JW

OR VISITING OUR CONTACT PAGE

 

2.3  If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

 

2.4  ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

 

 

3.  OUR CONTRACT WITH YOU 

 

3.1  Our acceptance of your order will take place when we email you your confirmation of your order, at which point a contract will come into existence between you and us.

 

3.2  If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.  We will refuse an order, or stop processing any order if we become aware of, or suspect that you are acting as a dealer in or a supplier of the type of goods that you are purchasing from us.

 

3.3  We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

 

3.4  Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK, or deliver our goods to outside of the UK.  We do not deliver to any PO addresses.

 

4.  OUR PRODUCTS 

 

4.1  The images of the products on our website and any of our brochures or catalogues are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

 

4.2  The packaging of the product may vary from that shown in images on our website, brochures or catalogues.

 

4.3  If we are making the product to your specific requirements, you are responsible for ensuring that the information you give us are correct.

 

5.  YOUR RIGHTS TO MAKE CHANGES

 

If you wish to make a change to the product you have ordered, please contact us within 7 days of receipt of goods. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.  If you are a consumer, this does not affect your cooling off rights (see clause 8.3)

 

6.  OUR RIGHTS TO MAKE CHANGES 

 

6.1  We may change the product:

 

(a)  to reflect changes in relevant laws and regulatory requirements;

 

(b)  to implement minor technical adjustments and improvements, for example to address a security threat;

 

6.2  In addition, where you have ordered goods that are not in stock, or are no longer available, we reserve the right to supply you with comparable product but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received:

 

7.  PROVIDING THE PRODUCTS 

 

7.1  The costs of delivery will be as displayed to you on our website.

 

7.2  During the order process we will let you know when we will provide the products to you. We aim to deliver them to you as soon as reasonably possible but delivery will be dependent upon the type of goods that you order:

 

  • Stock products (those products that we hold in stock and are delivered by us to you) - we aim to deliver our stock products by the next working day, subject to stock. 
  • Non-stock products (those products that are not held in stock and are delivered directly by the manufacturer to you) – we will contact you with an estimated delivery date.
  • Furniture products - these products can take up to 15 working days to be delivered. Some manufactures can take up to 4-6 weeks.

 

7.3  If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

 

7.4 All of our products require a signature on delivery.  If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

 

7.5  If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 10.2 will apply.

 

7.6  The product will be your responsibility from the time we deliver the product to the address you gave us.

 

7.7  You own a product which is goods once we have received payment in full.

 

7.8  For all furniture and large goods, our carrier is only insured to deliver the product to the ground floor of the delivery address so you should ensure that you are able to accept delivery at that point.  Additionally, it is your responsibility to ensure that there is sufficient access to the Delivery Location (for example, sufficient door widths) to enable delivery of the Product. Please inform us of any access issues at the time you place the order.

 

7.9  Where we have agreed to assemble the product at the deliver address, you must ensure that there is sufficient access (see clause 7.8), that the area where the product is to be assembled is cleared, and that there is sufficient room available for the product to be assembled.

 

7.10 If we are not able to deliver the whole of the order at one time due to operational reasons or shortage of stock, we will deliver the order in instalments. We will not charge you extra delivery costs for this.

 

8.  YOUR RIGHTS TO END THE CONTRACT 

 

8.1  Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:

 

(a)  If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see Clause 12. if you are a consumer and Clause 13. if you are a business;

 

(b)  If you want to end the contract because of something we have done or have told you we are going to do, see Clause 8.2;

 

(c)  If you are a consumer and have just changed your mind about the product, see Clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions [and you will have to pay the costs of return of any goods];

 

(d)  In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see Clause 8.8.

 

8.2  If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided.  The reasons are:

 

(a)  we have told you about an upcoming change to the product or these terms which you do not agree to (see Clause 6.2);

 

(b)  we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

 

(c)  there is a risk that supply of the products may be significantly delayed because of events outside our control;

 

(d)  you have a legal right to end the contract because of something we have done wrong.

 

8.3   Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

 

8.5   When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:

 

  1. any product that has been made specifically to your requirements;
  2. products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
  3. sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them.
  4. Any catering products that are not returnable e.g. food and drink.

 

8.6  If you are a consumer you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.

 

8.7  If you are a business, you have 7 working days starting from the date that you ordered the goods to cancel stock products and obtain a full refund.  You cannot cancel any order that has been delivered to you in respect of any drink items, tea, coffee, biscuits or other catering supplies. You cannot cancel any order for office furniture.  You cannot cancel any order for non-stock products. Where, at our absolute discretion we allow you cancel non-stock products, we will we will charge you a 30% re-stocking fee. This is not chargeable if a mistake was made on our part.  

 

8.8  Even if we are not at fault and you are not a consumer who has a right to change their mind (see Clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered, and paid for. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you (subject to clause 8.7) for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you reasonable compensation for the net costs we will incur as a result of your ending the contract.

 

9.  HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND) 

 

  1.  To end the contract with us, please let us know by doing one of the following:

 

  1. Email us at admin@lbs-shop.com;
  2. Print off the form below and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.

 

9.2  If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. Please call customer services on 0844 879 75380 for a return label or to arrange collection. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract. If you are a business customer, you must send off the goods to us within 10 days. 

 

 

 

9.3  We will pay the costs of return:

 

(a)  if the products are faulty or misdescribed;

 

(b)  if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or

 

In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.

 

9.4  If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.

 

9.5  If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

 

9.6  If you are exercising your right to change your mind we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.  This means if you have broken any seal to the goods, mishandled the goods or damaged the goods.  If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. Goods must be returned to us in a re-sellable condition.

 

(b)  The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within [3-5] days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

 

9.7  We will make any refunds due to you as soon as possible.

 

9.7.1 If you are a consumer exercising your right to change your mind then:

 

(a)  Your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see Clause 9.2.

 

(b)  In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

 

9.7.2  If you are a business, your refund will be made within 14 days of our receiving the goods back from you.

 

10.  OUR RIGHTS TO END THE CONTRACT 

 

10.1  We may end the contract for a product at any time by writing to you if:

 

  1. you do not make any payment to us when it is due and you still do not make payment within 3 days of us reminding you that payment is due;

 

  1. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, any information or measurements for specific products;

 

  1. you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.

 

  1. you do not, within a reasonable time, allow us access to assemble a product.

 

10.2  If we end the contract in the situations set out in Clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

 

11.  IF THERE IS A PROBLEM WITH THE PRODUCT 

 

If you have any questions or complaints about the product, please contact us by phone, email, in writing or by using our contact us page – please see Clause 2.2 for all of our contact details.

 

12.  YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER 

 

12.1   If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. This means that the goods have to be of satisfactory quality and fit for their general purpose. Nothing in these terms will affect your legal rights.

 

12.2  If you wish to exercise your legal rights to reject products you must either allow us to collect them from you or post them back to us. We will pay the costs of postage or collection. Please call customer services or email us for a return label or to arrange collection. 

 

13.  YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A BUSINESS 

 

13.1  If you are a business customer we warrant that on delivery any products which are goods shall conform to their description, be free from material defects, be of satisfactory quality and fit for their general purpose.

 

13.2  Subject to Clause 13.3, if:

 

(a)  you give us notice in writing within 10 days of receiving the product that it does not comply with the warranty set out in Clause 13.1;

 

(b)  we are given a reasonable opportunity of examining such product; and

 

(c)  you return such product to us at our cost,

 

we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.

 

13.3  We will not be liable for a product’s failure to comply Clause 13.1 if:

 

(a)  you make any further use of such product after giving a notice in accordance with Clause 13.2(a);

 

(b)  the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;

 

(c)  the defect arises as a result of us following any drawing, design or specification supplied by the Customer;

 

(d)  you alter or repair the product without our written consent; or

 

(e)  the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

 

13.4  Except as provided in this Clause 13, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in Clause 13.1.

 

13.5  These terms shall apply to any repaired or replacement products supplied by us under Clause 13.2.

 

14.  PRICE AND PAYMENT 

 

14.1  The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 14.3 for what happens if we discover an error in the price of the product you order.

 

14.2  If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

 

14.3.  It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

 

14.4  We accept payment with debit and credit cards as listed on the website.  Unless we have agreed a credit account with you, all goods must be paid for at the time of submitting your order.  We will charge in full once the order has been placed and accepted by LBS.  If we have agreed a credit account with you, then all payments must be made within 30 days of the date of invoice.

 

14.5  If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

 

14.6  If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of Lloyds from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

 

14.7  If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

 

15.  OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER 

 

15.1  We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

 

15.2  We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, and for defective products under the Consumer Protection Act 1987

 

15.5  If you are a consumer we only supply the products for to you for domestic and private use and therefore we will not be responsible for any business losses that you suffer.  If you use the products for any commercial or business purpose our liability to you will be limited as set out in Clause 16.

 

16.  OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS 

 

16.1  Nothing in these terms shall limit or exclude our liability for:

 

(a)  death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

 

(b)  fraud or fraudulent misrepresentation;

 

(c)  breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.

 

16.2  Except to the extent expressly stated in Clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

 

16.3  Subject to Clause 16.1:

 

(a)  we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

 

(b)  our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.

 

17.  HOW WE MAY USE YOUR PERSONAL INFORMATION 

 

17.1  We will use the personal information you provide to us:

 

(a)  to supply the products to you;

 

(b)  to process your payment for the products; and

 

(c)  if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

 

17.2  We may pass your personal information to credit reference agencies. Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.

 

17.3  We will only give your personal information to other third parties where the law either requires or allows us to do so.

 

18.  OTHER IMPORTANT TERMS 

 

18.1  We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

 

18.2  You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if.

 

18.3  This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

 

18.4  If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

 

18.5  If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

 

18.6  These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.

 

18.7  Alternative dispute resolution if you are a consumer. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider.  We are not a member of any ADR entity.   In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

 

Download our Model Cancellation form here then send it to us:

 

Local Business Support, Unit 44, 64 Orchard Place, Docklands, London E14 0JW

 

Or

 

Email to customerservices@lbsofficesolutions.co.uk

 

(Only complete and return this form if you wish to withdraw from your contract)

 

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