LinITX Consumer Terms & Conditions
Consumer Terms & Conditions
MULTITHREAD CONSULTANTS LIMITED TRADING AS LinITX.com
CONSUMER TERMS OF SALE (the "Conditions")
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND
RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE.
You should print off these Conditions for future reference. Please understand that if you refuse to accept these Conditions, you will not be able to order any goods on this website.
1. Format of the Contract
1.1 These terms of sale apply to all goods supplied to you as a consumer by MultiThread Consultants Limited whose registered office is at 8 Williamsport Way, Lion Barn Estate, Needham Market, Suffolk, UK, IP6 8RW, registered in England and Wales No. 2274702 (the "Supplier" or "We" or "Us").
1.2 No contract exists between you and Us for the sale of any goods until We have received and accepted your order and we have received payment in full (in cleared funds), or (if earlier) we have delivered the goods to you. Once We do so, there is a binding legal contract between us.
1.3 By way of clarification, each order or acceptance of a quotation for goods by you from Us shall be deemed to be an offer by you to buy goods subject to these Conditions. An acknowledgement of your order will be sent to you via e-mail when you place your order. However, acceptance of your offer to buy the goods will not take place until after your payment is taken and We have sent you an e-mail accepting your offer or (if earlier) We have delivered the goods to you. It is at this point that a binding legal contract is created and any contract is subject to these Conditions and referred to herein as an "Agreement".
1.4 As a Consumer, our Agreement with you is subject to your right of cancellation (see below). A "Consumer" means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession.
1.5 We may change these Conditions without notice to you in relation to future sales.
1.6 Each Agreement shall be subject to these Conditions to the exclusion of all other terms and conditions (including any terms and conditions which you purport to apply under any purchase order, confirmation of order, specification or other document). No terms and conditions endorsed on,
delivered with or contained in your purchase order, confirmation of order, specification or other document shall form part of the Agreement simply as a result of such documents being referred to in the Agreement.
2. Availability of our goods and your status
2.1 The goods advertised on our website are only advertised to people resident in the Serviced Countries listed at http://linitx.com/info.php?info=shippingreturns. We do not accept orders from Customers outside of those countries. Some restrictions are placed on the extent to which We accept orders from certain countries. Please review our Serviced Countries website page before ordering goods from us.
2.2 By placing an order through our website, you warrant that:-
(a) you are legally capable of entering into legally binding contracts;
(b) you are at least 18 years old;
(c) you are resident in one of the Serviced Countries; and
(d) you are accessing our website from one of the Serviced Countries.
2.3 Please note that in some cases, We accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.
3. Description and price of the goods
3.1 The quality, description and price of the goods you order will be as shown on our acknowledgement of order. All information on the website at the time you place your order is for the sole purpose of giving an approximate idea of the goods described thereon.
3.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, We will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
3.3 Every effort is made to ensure that prices shown on our website are accurate at the time you place your order. If an error is found, We will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If We do not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel, We will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
3.4 In addition to the price, you may be required to pay a delivery charge for the goods.
4.1 Payment for the goods and delivery charges can be made by any method shown on our website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be of the essence. The price for the goods shall be exclusive of any value added tax and all costs or charges in relation to packaging, loading, unloading, carriage and insurance, all of which amounts the Buyer shall pay in addition when it is due to pay for the goods.
4.2 There will be no delivery of your goods until We receive the price in cleared funds.
4.3 Payments shall be made by you without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by Us to you.
5.1 The goods you order will be delivered to the address you give to Us when you place your order provided that We confirm that We can deliver to such address.
5.2 We will use our best efforts to process orders placed before 2.00 pm on a working day on that day. Delivery shall be made as per the requested delivery option provided no additional security checks are required and all stock items are available. A working day is any day other than weekends and bank or other UK public holidays. Time for delivery shall not be of the essence. The goods may be delivered by Us in advance of the quoted delivery date.
5.3 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under our control) then without prejudice to any other right or remedy available to Us, We may:
5.3.1 store the goods until actual delivery and charge you for its reasonable costs (including insurance) of storage; or
5.3.2 sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.5.4 If you fail to take delivery because you have cancelled the Agreement under the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 We shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods, less any expenses incurred for failed delivery.
5.5 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. Subject to the other provisions of these Conditions, We shall not be liable for any direct, indirect or consequential loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the goods (even if caused by our negligence), nor shall any delay entitle you to terminate or rescind the Agreement unless such a delay exceeds 180 days. In this case, We will inform you as soon as possible.
5.6 On receipt of your order, you will be asked to sign stating that the goods have been received in good condition. If you are unable to check the contents of the package containing the goods at that moment in time please sign for the parcel as "UNCHECKED". Failure to do this may affect any warranty claims that you make thereafter. It is your responsibility to inspect all goods and report to Us if there is any shortfall or defects in the goods that We have delivered to you.
6. Import and Export Duties
6.1 For goods which are exported to non-EU countries you are liable for any import duties and taxes that may be incurred. Please note that We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. If you fail to accept the goods by refusing to pay import duties or taxes which are due then you will be charged for any additional shipping costs incurred in returning the goods to Us in addition to charges that may be levied under Clause 3.4.
6.2 Please also note that you must comply with all applicable laws and regulations for the country for which the goods are destined including obtaining all necessary export licences. We will not be liable for any breach by you of such laws.
7.1 Unless Clause 7.2 applies, the goods remain at our risk until they come into the physical possession of either you or someone identified by you to take possession of them.
7.2 Where you have commissioned a specific carrier who was not offered by us to deliver the goods, risk will pass once the goods are delivered to that carrier and responsibility for damage to the goods in transit and insuring the goods in transit is your responsibility.
7.3 Ownership of the goods shall not pass to you until We have received in full (in cash or cleared funds) all sums due to it in respect of:
7.3.1 the goods, and
7.3.2 all other sums which are or which become due to Us from you on any account.
7.4 We shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from Us.
8. Your right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the "Regulations")
8.1 If you live in a country which is a member of European Union, you may use your rights under the Regulations to cancel your contract with Us:
8.1.1 Right to Cancel: You have the right to cancel any contract within 14 days from the day on which you acquire (or a third party indicated by you acquires) physical possession of the goods.
8.1.2 Exercising Right to Cancel: To exercise your right to cancel you must inform us of your decision to cancel by sending an email to email@example.com with the subject line "CANCELLATION" or by sending a letter to our address at 8 Williamsport Way, Lion Barn Estate, Needham Market, Suffolk, UK, IP6 8RW. You may, use the following model cancellation form, but it is not obligatory:
To: 8 Williamsport Way, Lion Barn Estate, Needham Market, Suffolk, UK, IP6 8RW
I hereby give notice that I cancel my contract of sale of the following goods [PLEASE INSERT DETAILS OF YOUR ORDER]
Ordered on [PLEASE GIVE DATE OF YOUR ORDER]/ Received on [PLEASE GIVE DATE OF RECEIPT]
Name of Consumer: [PLEASE INSERT YOUR NAME]
Address of Consumer: [PLEASE INSERT YOUR ADDRES]
Signature of Consumer: [PLEASE PROVIDE YOUR SIGNATURE IF THIS FORM IS ON PAPER]
Date: [PLEASE INSERT THE DATE]
8.1.3 Cancellation Deadline: To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
8.1.4 Effect of Cancellation: If you cancel your contract, we will reimburse to you all payments received from you, including the costs of delivery of the goods to you (except for supplementary costs arising if you chose a type of delivery other than the least expensive type of delivery).
8.1.5 Reimbursement: We will make reimbursements to you without undue delay and not later than: (i) 14 days after the day we receive back the goods supplied; or (ii) (if earlier) 14 days after you provide evidence that you have returned the goods. We will make the reimbursement to you using the same method of payment as you used for the initial transaction, unless we have expressly agreed otherwise. In any event, you will not incur
any fees as a result of the reimbursement.
8.1.6 Return of the goods: You shall send back the goods, or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract to us. The deadline is met if you send the goods before the period of 14 days has expired. You will have to bear the direct costs of returning the goods. We may withhold reimbursement until we have received the goods
back or you have supplied evidence of having sent the goods back, whichever is the earliest.
8.1.7 Diminished Value of the goods: You are only liable for any diminished value of the Products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Items not received in satisfactory condition will be charged up to 15% of the item's value as a re-stocking fee, this will be deducted from your refund.
8.2 You do not have the right to cancel an Agreement if the order is for goods which are made to your specifications and are personalised.
8.3 Where We are supplying You with digital content not on a tangible medium you will have the option to receive the digital content immediately and in doing so you will waive your right to cancel the contract under Clause 8.1.1.
8.4 Where We are supplying you with services You shall have the right to cancel the contract within the cancellation period under Clause 8.1.1 unless upon your request all or part of the services have been performed before the end of the cancellation period in which case We shall be entitled to be paid for all services performed up until that date.
9.1 Where We are not the manufacturer of the goods, We shall endeavour to transfer to you the benefit of any warranty or guarantee given to Us.
9.2 All goods supplied by Us are warranted for 12 months from the date of supply (unless otherwise stated). The goods shall:
(a) be of satisfactory quality within the meaning of the Sale of Goods Act 1979;
(b) be reasonably fit for any particular purpose for which the goods are being bought if you have made known that purpose to us in writing and We have confirmed in writing that it is reasonable for you to rely on our skill and judgment.
This warranty does not affect your statutory rights as a Consumer.
9.3 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by Us, failure to follow our instructions, or any alteration or repair carried out without our approval.
9.4 If the goods supplied to you are damaged on delivery, you should notify Us in writing via the e-mail address or fax number shown below within 7 days. We would ask that you exercise such right using our returns procedure set out at
9.5 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify Us in writing via the e-mail address or fax number shown below, as soon as possible, but in any event within 7 days of the date you discovered or ought to have discovered the damage, defect or complaint.
9.6 We shall not be liable for a breach of any of the warranties in Clause 9.2 unless:
(a) you give Us written notice of the defect, and, if the defect is as a result of damage intransit to the carrier, within 7 days of the time when you discover or ought to have discovered the defect; and
(b) We are given a reasonable opportunity after receiving the notice of examining suchgoods and you (if asked to do so by Us) return such goods to our place of business at our cost for the examination to take place there.
9.7 We shall not be liable for a breach of any of the warranties in Clause 9.2 if:
(a) you make any further use of such goods after giving such notice; or
(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 goods or (if there arenone) good trade practice; or
(c) you alter or repair such goods without our written consent.
9.8 Subject to Clauses 9.6 and 9.7, if any of the goods do not conform with any of the warranties in Clause 9.2 We shall, at our option, repair or replace such goods (or the defective part) or refund the price of such goods at the pro rata Agreement rate provided that, if We so request, you shall, at our expense, return the goods or the part of such goods which is defective to Us.
9.9 If We comply with Clause 9.8 We shall have no further liability for a breach of any of the warranties in Clause 9.2 in respect of such goods.
10. Limitation of Liability
10.1 Subject to Clauses 3 and 9, the following provisions set out our entire financial liability (including any liabilities for the acts or omissions of our employees, agents and sub-contractors) Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the price paid for the goods.
10.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
10.3 Nothing in these Conditions excludes or limits our liability for death or personal injury caused by our negligence or fraudulent misrepresentation or any other matter for which liability cannot be excluded or limited under law.
10.4 You acknowledge that in relation to the goods and services provided by Us that such goods and services (and in particular the provision of training by Us) has not been designed to meet Your individual requirements and that it is therefore your responsibility to ensure that such goods and services meet your requirements. We shall not be liable for any failure of the goods and services to provide any particular facility or function.
10.5 You acknowledge that in relation to the provision of training that such services may be cancelled due to unforeseen circumstances. In such circumstances we shall use reasonable endeavours to engage a replacement to provide training or to provide analternative venue where appropriate. However, if we are not able to provide the training our liability shall be limited to the cost of the training to You, we shall not be liable for any direct or indirect losses you incur for example in relation to your travel expenses and the cost of any subsistence or accommodation, whether such costs were foreseeable or not.
11. Intellectual Property and Data Protection
11.1 We (or our suppliers) retain all intellectual property rights in all goods we supply to You. We may litigate, negotiate and settle all claims in relation to any such intellectual property rights if the litigation is directly related to goods supplied to You.
11.3 We will take all reasonable precautions to keep your details and the details of your order and payment secure and in accordance with the Data Protection Act 1998.
12. Force Majeure
We reserve the right to defer the date of delivery or to cancel an Agreement or reduce the volume of goods you order (without liability to you) if We are prevented from or delayed in the carrying on of our business due to circumstances beyond our reasonable control. If the circumstances in question continue for a continuous period in excess of 180 days, you shall be entitled to give Us notice in writing to terminate the Agreement.
13. Written Communications and Notices
13.1 Applicable laws require that some of the information or communications We send to you should be in writing. When using our website, you accept that communication with Us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that We provide to you electronically comply with any legal requirement that such communications be in writing. This Clause does not affect your statutory rights.
13.2 All notices given under or in connection with the Agreement shall be in writing and shall be sent to the address of the recipient set out in this Agreement or such other address as the recipient may designate by notice given in accordance with the provisions of this clause. Any such notice may be delivered personally by hand (including by commercial courier) or by first class pre-paid letter (or by air-mail if overseas) or by
facsimile transmission, and shall be deemed to have been served, if by hand, when delivered; if by first class post, 48 hours after posting; (if by air-mail, five days from the date of posting) and if by facsimile transmission or e-mail, when successfully despatched in full.
14.1 The agreement was originally drafted in the English language and has been translated into other languages including French, Italian and Finnish. If you are reading and relying on the Agreement and it is in any other language other than English language, then the English language text shall prevail.
14.2 Any notice given under or in connection with the agreement shall be in the English language. All other documents provided under or in connection with the Agreement shallbe in the English language, or accompanied by a certified English translation. If such document is translated into any other language, the English language text shall prevail unless the document is a constitutional, statutory or other official document.
Each of our rights or remedies under the Agreement is without prejudice to any other of our rights or remedies whether under the Agreement or not. If any provision of the Agreement is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Agreement and the remainder of such provision shall continue in full force and effect. If We fail or delay in enforcing or partially enforcing any provision of the Agreement this shall not be construed as a waiver of any of its rights under the Agreement. Any waiver by Us of any breach of, or any default under, any provision of the Agreement by you shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Agreement.
16. Applicable Law/Jurisdiction
The formation, existence, performance, validity and all aspects of the Agreement will be subject to English law and the English courts will have exclusive jurisdiction in respect of any dispute arising from the Agreement.
MultiThread Consultants Limited
8 Williamsport Way
Lion Barn Estate
Fax: +44 1449 724 241
firstname.lastname@example.org - All Enquiries