Terms & Conditions of Sale
Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. Please retain a copy of these terms and conditions and your order for future reference.
1.1. In these terms and conditions:
the Company, LyncStore is a trading name of Nexus Open Systems Ltd. (registered in England under number 3603046).
we, us and our refer to Nexus Open Systems Limited;
you and your refer to the purchase of any Products from us;
Contract means the contract between you and us for the sale by us to you of Products as detailed in clause 5;
Products mean any goods or services you order from us;
Order means an order placed by you for the purchase of Products by clicking "Buy Now" on the checkout page on our website entitled checkout which gives details of the Products you wish to order from us, and
consumer means any natural person who, when placing an order with us, is acting for purposes which are outside his or her trade business or profession.
2. Information about us
2.1. We operate the website www.lyncstore.co.uk. We are Nexus Open Systems Limited, a company registered in England and Wales under company number 3603046 and have our registered office at Vale House, Pynes Hill, Exeter, Devon EX2 5AZ. Our VAT number is 723 2216 73.
3. Your status
By placing an order through our site, you warrant that:
3.1.1. you are legally capable of entering into binding contracts;
3.1.2. you are at least 18 years old;
3.1.3. you are resident in the UK; and
3.1.4. you are accessing our site from that country.
4. Links to other websites
4.1. We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. If you would like information about your legal rights you should contact your local trading standards or citizens advice bureaux. We will notify you when a third party is involved in a transaction, and we may disclose your personal information related to that transaction to the third party seller.
5. How the contract is formed between you and us
5.1. After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that we are not obliged to accept your order. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the Product has been despatched (Despatch Confirmation). The contract between us (Contract) will only be formed when we send you the Despatch Confirmation.
5.2. The Contract will relate only to those Products whose despatch we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Despatch Confirmation.
6. Description of the goods
6.1. We make every effort to ensure that prices and descriptions of Products shown on our website are accurate at the time you place your order. We have made all reasonable efforts to accurately display the colours and designs of the Products. You acknowledge and accept that sizes, colours, shapes and patterns shown on the website are approximate only.
7. Availability and delivery
7.1. We will deliver the Products that you order to the delivery address you give when you place your order.
7.2. We will endeavour to deliver the Products by the delivery date set out in the Despatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Despatch Confirmation, unless there are exceptional circumstances.
7.3. If there is no one available to accept the delivery when our courier arrives, the courier will usually keep the Products for up to three days and you can arrange for a new delivery date. After three days we may treat the order as cancelled by you. In this case we may refund the price of the Products, but we shall be entitled to keep the amount you paid for delivery.
7.4. If you give us an incorrect or incomplete delivery address and as a result we try but are not able to make the delivery, we may treat the order as cancelled by you. In this case we may refund the price of the Products, but we shall be entitled to keep the amount you paid for delivery.
8. Risk and title
8.1. The Products will be your responsibility from the time of delivery.
8.2. Ownership of the Products will only pass to you when we receive full payment of all sums due from you to us, including delivery charges.
9. Price and payment
9.1. The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
9.2. Product prices exclude VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
9.3. Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Despatch Confirmation.
9.4. Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error, we do not have to provide the Products to you at the incorrect price and reserve the right to rectify the price accordingly.
9.5. Payment for all Products must be by Visa, Visa Debit, MasterCard, Visa Electron and PayPal. We will not charge your credit or debit card until we despatch your order.
10. Faulty Products
10.1. In these terms and conditions, Faulty Products means any Product that we supply to you that do not conform to the Contract. Faulty Products does not include any Products that are faulty due to fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than in accordance with their intended use, failure to follow the manufacturer's or our instructions, or any alteration or repair carried out without the prior approval of us or the manufacturer.
10.2. You should contact us on 01392 686111 or firstname.lastname@example.org as soon as possible if you discover that your Products are Faulty Products.
10.3. If you find that your Products are Faulty Products on arrival, then you are entitled at our option to a repair, replacement or refund. Please note that for some Products it may be disproportionately costly to repair those Products, and so where this is the case, then we will give you a replacement or refund.
10.4. If your Products become Faulty after delivery, we will always instruct you to contact the manufacturer directly for a warranty repair or replacement. This is often the quickest way to have a dispute resolved. Alternatively you can contact us directly if the Faulty Products do not conform to the Contract made between us.
10.5. If you discover that your Products are visibly damaged on arrival, you should either write on the delivery note that the packaging is damaged, or refuse to accept delivery. Please contact us within seven days with details of the damage. Once we have received the damaged goods back, we will then replace them.
10.6. Where you return Faulty Products to us please ensure that you follow the requirements in clause 14.
10.7. If you return the Products because you think that they are Faulty Products, we may charge you the cost of all transport and our actual costs and expenses in the event that the Products are not in fact Faulty Products.
11. Cancelling your order (customers acting as a consumer)
11.1. Clause 11 shall only apply to customers acting as a consumer.
11.2. If you have ordered Products from us, but then simply decide to cancel your order, then you are entitled to cancel the Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 13 below). Please note that you may not cancel a Contract for any audio or video recordings or computer software which has been unsealed by you, save where a fault is discovered which could not have been discovered otherwise than by unsealing the goods.
11.3. To cancel a Contract, you must inform us in writing. You must also return the Products to us as soon as reasonably practical, and at your own cost. You have a legal obligation to take reasonable care of the Products 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. When returning products you are responsible for all shipping and insurance costs.
11.4. Where you return Products to us please ensure that you follow the requirements in clause 15.
11.5. Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Despatch Confirmation. This provision does not affect your other statutory rights as a consumer.
12. Our refunds policy (customers acting as a consumer)
12.1. Clause 12 shall only apply to customers acting as a consumer.
12.2. If you return a Product to us:
12.2.1. because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 12.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. You will be responsible for the cost of returning the item to us.
12.2.2. for any other reason (for instance, because you have notified us in accordance with clause 23 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via email within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
12.3. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
13. Cancellation and refund (business customers)
13.1. Clause 13 shall only apply to business customers.
13.2. You may make a request to cancel your order at any time before receiving your Despatch Confirmation (providing the Products have not been shipped or are awaiting shipment). To cancel your order you must contact us at email@example.com or on 01392 686111.
13.3. You may cancel the Contract by informing us in writing within 24 hours beginning on the day after you receive the Products. Products must be returned in the original packaging without any damage in order to receive a refund. You are responsible for all shipping and insurance costs of returning the Products. Delivery costs are not refundable.
13.4. You will not have any right to cancel a Contract if the order is for computer software which has been unsealed by you, save where a fault is discovered which could not have been discovered otherwise than by unsealing the goods.
13.5. Where you return Products to us please ensure that you follow the requirements in clause 14.
14. Returning Products to us
14.1. If you're returning Products to us it's important that it is packaged correctly so that it does not get damaged during transit. You should package the item in its original packaging (assuming that you have the packaging and it is still intact). Where it's not possible to use the original packaging, please ensure that the Products are sufficiently packaged and cushioned to protect against any reasonable shocks, puncturing, scratching or damage that may occur during carriage, handing and/or sorting.
15. Our liability (customer acting as a consumer)
15.1. Clause 15 shall only apply to customer acting as a consumer.
15.2. We shall not be liable to you for any loss or damage:
15.2.1. where there is no breach of a legal duty owed to you by us or our employers or agents;
15.2.2. where such loss or damage is not reasonably foreseeable to us when we accept your order, or
15.2.3. to the extent that any increase in loss or damage results from breach by you of any term of the Contract.
15.3. Our maximum liability to you under the Contract shall not exceed the total value of the relevant Products. In no circumstance shall our liability to you exceed twice the value of the Contract.
15.4. Nothing in these terms and conditions excludes or limits our liability for death or personal injury caused by our negligence or fraudulent misrepresentation or for any other liability what we are not permitted by law to exclude or limit.
15.5. These terms and conditions do not affect you statutory rights.
16. Our liability (business customers)
16.1. Clause 16 shall only apply to business customers.
16.2. Subject to clause 16.4, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.
16.3. Subject to clause 16.4, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
16.3.1. loss of income or revenue;
16.3.2. loss of business;
16.3.3. loss of profits;
16.3.4. loss of anticipated savings;
16.3.5. loss of data; or
16.3.6. waste of management or office time.
However, this clause 16.3 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories (16.3.1) to (16.3.6) inclusive of this clause 16.3.
16.4. Nothing in these terms and conditions excludes or limits our liability for death or personal injury caused by our negligence or fraudulent misrepresentation or for any other liability what we are not permitted by law to exclude or limit.
All notices given by you to us must be given to Nexus Open Systems Limited at Vale House, Pynes Hill, Exeter, Devon EX2 5AZ. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause 21.2 below. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email 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 email, that such email was sent to the specified email address of the addressee.
18. Transfer of rights and obligations
18.1. The contract between you and us is binding on you and us and on our respective successors and assignees.
18.2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
18.3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
19. Entire agreement (customers acting as a consumer)
19.1. Clause 19 shall only apply to customers acting as a consumer.
19.2. We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
20. Entire agreement (business customers)
20.1. Clause 20 shall only apply to business customers.
20.2. These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
20.3. We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
20.4. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
20.5. Nothing in this clause limits or excludes any liability for fraud.
21.1. We shall not be liable or responsible for or be deemed to be in breach of this Contract for any delays or failures in performance of this Contract which result from circumstances beyond our control.
21.2. Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email 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 condition does not affect your statutory rights.
21.3. A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
21.4. If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
21.5. We may change these terms and conditions at any time. Any changes will apply to any orders that you place after the time that we update the terms and conditions of our website. The changes will not apply to any order that you place before we make the changes on our website.
21.7. These terms and conditions and the Contract will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.