Terms conditions and privacy
Terms conditions and privacy
TERMS AND CONDITIONS WEBSITE SELLING CONSUMER GOODS AND SERVICES.
1.1. This document (together with any documents referred to within) tells you the terms and conditions upon which we sell and supply the goods and services (the ‘Products’) listed on this website (the ‘Website’) to you.
1.2. Before confirming your order please:
1.2.1. Read through these terms and conditions (the ‘Conditions’) and in particular our cancellations and returns policy at clause 12 and limitation of our liability and your indemnity at clause 16
1.2.2. Print a copy for future reference.
1.3. By ordering any of the Products listed on this Website, you agree to be legally bound by these Conditions. You will be unable to proceed with your purchase if you do not accept these terms and conditions as may be modified or amended and posted on this Website from time to time.
1.4. We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions.
2. ABOUT US
2.1. This Website is owned and operated by Lunatek Consultancy Ltd, a limited company registered in England and Wales under company number: 08776789 having our registered office at Lunatek, 3 Southfield Avenue, Paignton, TQ3 1LJ. Our VAT Number is: 182838476.
2.1.1 On occasion Lunatek Consultancy Ltd act as a fulfilment service / delivery agent for the Companies mentioned in 2.1.5, please note if your order was made directly with one of the companies listed in 2.1.5, specifically your payment or order on account was with them, your purchase contract will be with the selling Company, (the Company that sold or provided those goods) and not the fulfilment / delivery service. please check your point of sale / order or invoice to clarify who sold you the product or service and refer to our contact us page for more information.
2.1.2 http://romanhoard.com.co.uk https://www.lunatek.co.uk http://Cybersheriff.co.uk http://www.renaissancewaxes.com/ http://metaldetectorrepairs.com are websites owned or managed by Lunatek Consultancy Ltd if purchases are made on these other websites the terms and conditions shown here and accessibly via the links on the websites above apply.
Please note we provide hosting services, websites registered by us may be hosted on behalf of our clients and as such we cannot be held liable for the content posted by third partys, if you see any transgressions in any form by our clients please email [email protected]
2.1.3 The Lunatek® trademark owner accepts no liability however caused for the services provided sold or marketed by the companies listed in 2.1.5 under it license agreement but reserves the right to remove the trademark license if a breach proven and upheld all trademark enquires should be addressed directly to the trademark owner, address provided upon request.
2.1.4 If you have made a purchase or receive services from one of the following companies listed in 2.1.5 please refer to the terms and conditions of sale / contract provided by the Company concerned.
2.1.5 The Lunatek® Trademark are licensed to the following Companies registered in the UK.
Lunatek Consultancy Ltd
3.1. You agree that email and other electronic communications can be used as a long-distance means of communication and 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.
3.2. We will contact you by email or provide you with information by posting notices on our Website.
4. OVERSEAS ORDERS
4.1. Our Website is only intended for use by customers resident in England, Wales, Scotland and Northern Ireland (the United Kingdom).
4.2. We may, in our sole discretion, accept orders for goods from individuals located outside the United Kingdom and ship them overseas. We may also agree to provide our services if you are resident in the European Economic Area (EEA), subject to reserving a right to amend the specifications or standards of the services offered on the Website and/or these Conditions or to refuse to accept an order for our services from you, if it will put an excessive strain on our business or if we have an objective reason for doing so. If we accept your order, you will be liable to pay for all and any additional costs that we incur in order to facilitate your order, such as (without limitation) extra shipping or postage costs. You will have an opportunity to cancel your order in case the additional costs are not acceptable.
4.3. If we agree to supply any Products ordered from the Website for delivery outside the United Kingdom they may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to our price including VAT and the cost of delivery (in the case of goods). Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before placing your order.
4.4. Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
4.5. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
5.1. When registering on the Website you must choose a username and password. You are responsible for all actions taken under your chosen username and password.
5.2. By registering on the Website you undertake:
5.2.1. That all the details you provide to us for the purpose of registering on the Website and purchasing the Products are true, accurate, current and complete in all respects
5.2.2. To notify us immediately of any changes to the information provided on registration or to your personal information
5.2.3. That you are over 18 or if under 18 you have a parent or guardian’s permission to register with and purchase the Products from this Website in conjunction with and under their supervision
5.2.4. To only use the Website using your own username and password
5.2.5. To make every effort to keep your password safe
5.2.6. Not to disclose your password to anyone
5.2.7. To change your password immediately upon discovering that it has been compromised
5.2.8. To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them
5.3. You authorise us to transmit your name, address and other personal information supplied by you (including updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.
5.4. We reserve the right to terminate an agreement formed with you pursuant to clause 9 below and to suspend or terminate your access to the Website immediately and without notice to you if:
5.4.1. You fail to make any payment to us when due
5.4.2. You breach these Conditions (repeatedly or otherwise)
5.4.3. You are impersonating any other person or entity
5.4.4. When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity
5.4.5. We suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website
6. ELIGIBILITY TO PURCHASE FROM THE WEBSITE
6.1. To be eligible to purchase the Products on this Website and lawfully enter into and form contracts with us, you must:
6.1.1. Be 18 years of age or over
6.1.2. Be legally capable of entering into a binding contract
6.1.3. Provide full details of an address in the United Kingdom or the European Economic Area (if you reside in the EEA) for the performance or delivery of the Products
6.2. If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.
7.1. The prices of the Products are quoted on the Website.
7.2. Prices quoted for delivery (in the case of goods) and for performance (in the case of services) are for the United Kingdom unless otherwise specified.
7.3. Unless otherwise stated, the prices quoted exclude VAT and delivery costs (in the case of goods), which will be added to the total amount due from you at their current rate. Details of our delivery charges can be located on our Website.
7.4. We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of the Products to reflect any increase in the cost to us due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before delivery of the goods and/or we have commenced providing the services.
8.1. Payment can be made by any major credit or debit card or through an electronic payment account as explained on the order form.
8.2. By placing an order, you consent to payment being charged to your debit/credit card account or electronic payment account as provided on the order form.
8.3. Payment will be debited and cleared from your account before the dispatch of the goods or provision of the service to you.
8.4. When you pay for your order by card, we carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.
8.5. By accepting these Conditions you:
8.5.1. Undertake that all the details you provide to us for the purpose of purchasing the Products are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the Products ordered
8.5.2. Undertake that any and all Products ordered by you are for your own private or domestic use only and not for resale
8.5.3. Authorise us to transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention
8.6. We shall contact you should any problems occur with the authorisation of your card.
8.7. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our Website.
8.8 Further identification may be requested, Driving licence, Passport and delivery address, good will not be dispatched unless your detail match.
8.9 3D secure processing is used by default for all credit card and Debit Cards, this confirms you have purchased the goods and authorised the transaction, all chargebacks will be investigated and defended, 3D secure identifies you as making the purchase!
9. ORDER PROCESS AND FORMATION OF A CONTRACT
9.1. All orders are subject to acceptance and availability. If any Products ordered are not available, you will be notified by email and you will have the option either to wait until the item is available or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary.
9.2. Any order placed by you constitutes an offer to purchase the Products from us. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.
9.3. You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.
9.4. You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Products ordered by you from the Website.
9.5. A contract between you and us (the ‘Contract’) incorporating these Conditions will only subsist after we have debited your payment card and have confirmed that we have dispatched the goods and/or shall be providing the requested service and, where appropriate, have made it available to be downloaded. We will send you an email to confirm this (a ‘Confirmation Notice’). The Confirmation Notice will amount to an acceptance of your offer to buy the Products from us. The Contract will only be formed when we send you the Confirmation Notice (whether or not you receive it).
9.6. Where we agree to supply Products to you permanently or on an ongoing (continuous) basis, such as by subscription, they shall be provided for a minimum fixed period of time (the ‘Minimum Duration’). The length of the Minimum Duration will depend on which package or product you have selected to purchase and is provided on the Website.
9.7. The Contract will relate only to the Products stated in the Confirmation Notice. We will not be obliged to supply any other Products which may have been part of your order until we have sent you a separate Confirmation Notice relating to it.
9.8. You must check that the details contained in the Confirmation Notice are correct and you should print out and keep a copy of it.
9.9. You will be subject to the version of our policies and Conditions in force at the time that you order the Products from us, unless:
9.9.1. Any change to those policies or these Conditions is required to be made by law or governmental authority
9.9.2. We notify you of any change to our policies or these Conditions before we send you the Confirmation Notice, in which case, we are entitled to assume that you have accepted it, unless we receive written notification from you to the contrary within seven working days of receipt of the Confirmation Notice
10 . DELIVERY
10.1. The Products will be delivered to you at the address you provided during the order process which must be the address that is the billing address of your payment card. We may where appropriate and at our option, deliver all or part of the services, to the email address you supplied on registration or such other email address that we agree to use to communicate with you.
10.2. We employ professional carriers. Nevertheless, you must examine the goods on arrival. If you are asked for your signature on delivery, you must examine the goods before signing for it.
10.3. All goods must be signed for by an adult aged 18 years or over on delivery.
10.4. Any dates quoted for delivering the goods and/or completing performance of the service are approximate only. If no date is specified then it will take place within 30 days or a reasonable time of the date of the Confirmation Notice, unless there are exceptional circumstances.
10.5. We shall not be liable for any delay in delivering the goods and/or completing performance of the service, however caused.
10.6. The Products may be sent to you in instalments.
10.7. For Christmas deliveries, we recommend that you check our Website for the last date of delivery.
10.8 Goods delivery, Our standard terms of delivery of goods is 48 Hours, United Kingdom, Europe please allow upto 4 days, confirmation of dispatch and tracking can be provided
10.9 Service and goods delivery, (repair and replacement ) items requiring repair and service are actioned in order or receipt, standard diagnosis repair and return is 7- 14 days throughout Europe.
You will be updated at all times in respect to your order and service through our service system.
All Items are delivered via tracked couriers and will require a signature.
11. RISK AND TITLE
11.1. The goods will be at your risk from the time of delivery.
11.2. Ownership of the goods will only pass to you when we receive full payment of all sums due in respect of them including VAT and the cost of delivery (in the case of goods).
11.3 Loss of goods by courier, are limited by and subject to the sum insured and are subject to the cover provided by the courier of postal service, Lunatek consultancy Ltd cannot be held liable for the loss of goods by the courier or postal service, we will aid you to the best of our ability in obtaining the goods that have been lost.
For serviced and repaired items, insurance is usually not provided, if insurance is required please advise us and we will quote for an insured service, isnurance is optional and purchased at the buyers discretion.
12. CANCELLING YOUR CONTRACT AND RETURNS12.1. Cancelling before receiving a Confirmation Notice
12.1.1. You may cancel your order for the Products at any time prior to receiving a Confirmation Notice from us so long as you contact us in writing. You can send us a cancellation notice by sending an email to [email protected] or a letter to Lunatek Consultancy Ltd,3 Southfield Avenue, Paignton, TQ3 1LJ. Your cancellation notice must quote your name, address, the name or a description of the Products and your order reference number.
12.2. Cancellation after receiving a Confirmation Notice
12.2.1. You are entitled to cancel your Contract at any time prior to receiving the goods so long as you provide us with written notice or, if you have received the goods, so long as you provide us with written notice at anytime within 7 working days starting from the day after you received the goods. You can send your cancellation notice by email to [email protected],uk or a letter to Lunatek, 3 Southfield Avenue, Paignton, TQ3 1LJ. Your cancellation notice must quote your name, address, the name or a description of the goods and your order reference number.
12.2.2. Upon receiving your cancellation notice, we will contact you and provide details of where you must return the goods and other relevant instructions. You must then immediately return the goods to us at your own cost and risk. We reserve the right, at our option, to collect the goods from you. If we wish to collect the goods we will notify you of when they will be collected by us. We will charge you for the cost of collecting the goods and will deduct this from any sum owed by us to you.
12.2.3. The goods must be returned to us in the same condition in which you received them until such time as the goods are either collected by us or delivered back to us by you. You must return the goods with its original packaging and the original invoice. You have a legal obligation to take reasonable care of the goods whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
Services (not including ongoing services)
12.2.4. You are entitled to cancel your Contract and obtain a refund within 7 working days from the date of the Confirmation Notice. This also applies, where appropriate and subject to clause 12.4, to items that are available to be downloaded. However, you will no longer have a right to cancel if, with your agreement, we have already commenced providing the services to you before this period of time expires we shall be deemed to have already commenced providing the services.
12.2.5. You may notify us of your wish to cancel by sending us a cancellation notice to [email protected] or a letter to 3 Southfield Avenue, Paignton, TQ3 1LJ. Your cancellation notice must quote your name, address, the name or a description of the Products and services and your order reference number ticket number, you must clearly detail the word CANCEL in BOLD letters.
12.2.6. Upon receiving your cancellation notice, we will contact you providing any necessary instructions which you will be required to follow.
12.2.7. So long as you have complied with your obligations under this clause, we will refund the purchase price but not the cost of delivery (if any) to you by crediting the payment card you used to purchase the Products.
12.3. Cancelling ongoing services
12.3.1. Some of the services that we provide are available for either a fixed period or unspecified period of time (such as Social media management, website hosting, IT service and support, printer / copier service and support). In this clause these services are referred to respectively as ‘Ongoing Fixed Term Services’ and ‘Ongoing Non-Fixed Term Services’.
12.3.2. You are entitled to cancel your Contract for any Recurrent Fixed Term Services and Recurrent Non-Fixed Term Services that you have purchased and obtain a refund within 7 working days from the date of the Confirmation Notice. This also applies, where appropriate, and subject to clause 12.4, to items that are available to be downloaded.
12.3.3. You will no longer have a right to cancel any Ongoing Fixed Term Services if, with your agreement, we have already commenced providing this service to you within 7 working days from the date of the Confirmation Notice. We shall be deemed to have already commenced providing the Ongoing Fixed Term Services, in circumstances where you have already downloaded products or materials that we made available to you from the Website.
12.3.4. In these circumstances you cannot cancel the Contract for any Ongoing Fixed Term Services until the end of the Minimum Duration (even where the Minimum Duration is more than one year) and you will not be entitled to a refund.
12.3.5. Although you may notify us of your intention to cancel an Ongoing Fixed Term Services at any time, such notice will only take effect after the Minimum Duration has elapsed. You may notify us of your wish to cancel the Ongoing Fixed Term Services by sending us a cancellation notice to [email protected] or a letter to 3 Southfield Avenue, Paignton, TQ3 1LJ. Your cancellation notice must quote your name, address, the name or a description of the Products and your order reference number.
12.3.6. You will still have a right to cancel any Ongoing Non-Fixed Term Services if we have already commenced providing this service to you within 7 working days from the date of the Confirmation Notice, upon giving us 4 weeks’ advance notice in writing. You may notify us of your wish to cancel by sending us a cancellation notice to [email protected] or a letter to 3 Southfield Avenue, Paignton, TQ3 1LJ. Your cancellation notice must quote your name, address, the name or a description of the Products and your order reference number.
12.4. Exception to the right to cancel
You will not have a right to cancel an order for goods and services purchased from us, in the following situations:
12.4.1. If you expressly agree to us beginning to provide any services before the end of the cancellation period.
12.4.2. The Contract is for goods which are bespoke or have been personalised or which may deteriorate (such as food)
12.4.3. The Contract is for goods and/or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by us
12.4.4. The Contract is for the sale of land or financial services
12.4.5. The Contract is for the sale of goods and services by auction
12.4.6. The Contract is for the supply of:
188.8.131.52. Audio or video recordings and computer software if unsealed by you
184.108.40.206. Audio or video recordings and software and other items that you have successfully downloaded where a free trial or demonstration was available to you to view or download
220.127.116.11. Newspapers, magazines and other periodicals
18.104.22.168. Gaming, betting and lottery services
12.5. Damaged, faulty or wrongly delivered goods
12.5.1. We will offer you a refund of the full purchase price, including the cost of delivery for sending the goods to you, and the cost of returning the goods to us, provided that you return the goods to us and the conditions set out in paragraph 12.5.2. are met. We must also be reasonably satisfied that:
22.214.171.124. the goods have not suffered damage after delivery;
126.96.36.199. the goods have not been misused or used other than in accordance with the instructions; and
188.8.131.52. the problem is not due to normal wear and tear.
12.5.2. In addition to the requirements of paragraph 12.5.1, the goods in terms of which you are claiming a refund must have:
184.108.40.206. been damaged on delivery;
220.127.116.11. been delivered in a faulty condition;
18.104.22.168. have been delivered to you in error.
12.5.3. Alternatively, at your option, instead of a refund (and subject to returning the goods as required under this clause) we will replace the goods with the same or a similar product (subject to stock availability).
12.5.4. Sometimes the product specifications from the manufacturer may change, in which case, if you request a replacement, we will do our best to offer you a substitute of the same or better quality at the same price. If you are not happy with the replacement, you can return the goods to us.
12.5.5. In order to claim a refund or replacement item please send us a cancellation notice as soon as you become aware of a problem and no later than 1 working days after receipt or the fault developing by email to [email protected] or by letter to Lunatek, 3 Southfield Avenue, Paignton, TQ3 1LJ. Your cancellation notice must quote your name, address, the name or a description of the goods, a brief description of the problem, fault or damage and your order reference number.
12.5.6. Upon receiving your cancellation notice, we will contact you and provide details of where you must return the goods and other relevant instructions. You must then immediately return the goods to us. We reserve the right, at our option, to collect the goods from you. If we wish to collect the goods we will notify you of when they will be collected by us.
12.6. Incorrectly priced or described Products
12.6.1. Whilst we try and ensure that all the information on our Website is accurate, errors may occur. In the unlikely event that the price and/or description of an item listed on the Website has been incorrectly advertised, we will not be under any obligation to sell or provide those Products to you.
12.6.2. If we discover the error before sending you a Confirmation Notice we will at our discretion, either reject your order and notify you of such rejection, or inform you as soon as possible and give you the option of cancelling your order or reconfirming it at the correct price and/or description. If we give you the option of cancelling your order or reconfirming it at the correct price and/or description but either cannot contact you or do not receive your response within 14 days of sending you notification (whether or not you receive it), we will reject your order.
12.6.3. If we discover the error after sending you a Confirmation Notice we may, at our discretion and without incurring any liability to you, cancel the Contract provided that the error is, in our reasonable opinion, obvious and unmistakable and could have reasonably been recognised by you. We will notify if we cancel the Contract.
12.6.4. If your order is cancelled or rejected and you have already paid for the Products, you will receive a full refund in accordance with clause 12.8
12.7. Delivery by instalments
12.7.1. The Products may be sent to you in instalments. You may cancel the outstanding part of your order and receive a refund, if you have already paid, of the purchase price of the outstanding Products in accordance with clause 12.8
12.8. Processing refunds
12.8.1. We will examine any returned goods and will notify you about your refund or replacement item via email within a reasonable period of time. We will usually process a refund or delivery of a replacement item as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you are entitled to it. Refunds will be made by crediting the payment card or electronic payment account you used to purchase the goods.
12.8.2. We reserve the right to refuse to issue a refund or replacement and to recover the cost of returning or collecting the goods in the event that the goods are found to have suffered damage after delivery or have been misused or used other than in accordance with the instructions or if the problem is due to normal wear and tear or if the goods have not been returned with its original packaging. This does not affect your statutory rights.
12.8.3. We will notify you about your refund via email within a reasonable period of time. We will usually process a refund as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you are entitled to a refund. Refunds will be made by crediting the payment card or electronic payment account you used to purchase the services.
13.1. If you have a comment, concern or complaint about any Products you have purchased from us, please contact us via email at [email protected] or by post to Lunatek, 3 Southfield Avenue, Paignton, TQ3 1LJ.
14. INTELLECTUAL PROPERTY
14.1. The content of the Website is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Lunatek Consultancy Ltd moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world) and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.
14.2. You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
14.3. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
14.4. You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.
14.5. No licence is granted to you in these Conditions to use any of our trade marks or those of our affiliated companies.
14.6. Products sold by us and Website content may be subject to copyright, trade mark or other intellectual property rights in favour of third parties. We acknowledge those rights.
15. WEBSITE USE
16. LIABILITY AND INDEMNITY
16.1. Notwithstanding any other provision in the Conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:
16.1.1. Death or personal injury resulting from our negligence
16.1.2. Fraud or fraudulent misrepresentation
16.1.3. Action pursuant to section 2(3) of the Consumer Protection Act 1987
16.1.4. Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability
16.2. The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
16.3. We will not be liable if the Website is unavailable at any time.
16.4. We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
16.5. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the Website.
16.6. We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.
16.7. We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.
16.8. We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:
16.8.1. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any other consequential loss); or
16.8.2. any loss of goodwill or reputation; or
16.8.3. any special or indirect losses; or
16.8.4. any loss of data; or
16.8.5. wasted management or office time; or
16.8.6. any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under these Conditions and/or the Contract and/or the use of this Website or any aspect related to your purchase of the Products even if such losses are foreseeable or result from a deliberate breach of these Conditions by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of these Conditions. Without prejudice to the terms of this clause and in the event that we are unable to rely upon it, our liability for all and any losses you suffer as a result of us breaking the Contract, whether or not deliberate, including those listed in clauses 16.8.1 to 16.8.6, is strictly limited to the purchase price of the Products you purchased.
16.9. You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
16.10. This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.
17.1. You acknowledge that any review, feedback or rating which you leave may be published by us on the Website and you agree that it may be displayed for as long as we consider appropriate and that the content may be syndicated to our other websites, publications or marketing materials.
17.2. You undertake that any review, feedback or rating that you write shall:
17.2.1. Comply with applicable law in the UK and the law in any country from which they are posted
17.2.2. Be factually accurate
17.2.3. Contain genuinely held opinions (where applicable)
17.2.4. Not contain any material which is either defamatory, threatening, obscene, abusive, offensive, hateful, inflammatory or is likely to harass, upset, annoy, alarm, embarrass or invade the privacy of, any person or be deceiving
17.2.5. Not promote or advocate an unlawful act or activity, discrimination, sexually explicit material or violence
17.2.6. Not infringe any trademark, copyright (including design rights), database right, or other intellectual property rights of any other person or breach of any legal duty you owe to a third party
17.2.7. Not be used to impersonate any person, or to misrepresent your identity
17.3. You agree to indemnify and hold us harmless against any claim or action brought by third parties, arising out of or in connection with any review, feedback or rating posted by you on the Website, including, without limitation, the violation of their privacy, defamatory statements or infringement of intellectual property rights.
17.4. You grant us and our affiliate companies a non-exclusive, royalty-free worldwide license to use or edit any reviews posted by you.
17.5. We reserve the right to publish, edit or remove any reviews without notifying you.
18. FORCE MAJEURE
18.1. We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control (‘Force Majeure’), which, without limitation, include:
18.1.1. Strikes, lock-outs or other industrial action
18.1.2. Shortages of labour, fuel, power, raw materials
18.1.3. Late, defective performance or non-performance by suppliers
18.1.4. Private or public telecommunication, computer network failures or breakdown of equipment
18.1.5. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
18.1.6. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions.
18.1.7. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
18.1.8. Acts, decrees, legislation, regulations or restrictions of any government
18.1.9. Other causes, beyond our reasonable control
18.2. Our performance will be deemed to be suspended for the period that the event of Force Majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to minimise any delay caused by Force Majeure or to find a solution by which our obligations may be performed despite the Force Majeure event. We shall promptly notify you of any Force Majeure event giving details of it and (where possible) the extent and likely duration of any delay.
18.3. Where the period of non-performance or delay in relation to any event of Force Majeure exceeds 30 days from the date of notice to you of the event of Force Majeure, either you or us may, by written notice to the other, terminate the Contract with immediate effect upon service.
19.1. In order to monitor and improve customer service, we sometimes record telephone calls.
20. THIRD PARTY RIGHTS
20.1. Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
21. EXTERNAL LINKS
21.1. To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:
21.1.1. The privacy practices of such websites
21.1.2. The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources
21.1.3. The use which others make of these websites; or
21.1.4. Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources
22. LINKING TO THE WEBSITE
22.1. You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent.
22.2. Any agreed link must be:
22.2.1. To the Website’s homepage
22.2.2. Established from a website or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted
22.2.3. Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it
22.2.4. Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists
22.3. We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.
22.4. We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.
23.1. All notices given by you to us must be given to us at 3 Southfield Avenue, Paignton, TQ3 1LJ or by using [email protected] We may give notice as described in clause 3
23.2. 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.
24. ENTIRE AGREEMENT
24.1. The Contract represents the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
24.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any express or implied representation, undertaking or promise given by the other from anything said or written in any negotiations between us prior to such Contract except as has been expressly incorporated in such Contract.
24.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Conditions.
25.1. We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
25.2. All prices and descriptions supersede all previous publications. All product descriptions are approximate.
25.3. Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
25.4. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.
25.5. All Contracts are concluded and available in English only.
25.6. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
25.7. A waiver by us of any default shall not constitute a waiver of any subsequent default.
25.8. No waiver by us of any of these Conditions or of any other term of a Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 3
25.9. Any Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent. 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.
26. GOVERNING LAW AND JURISDICTION
26.1. The Website is controlled and operated in the United Kingdom.
26.2. Every purchase you make shall be deemed performed in England and Wales.
26.3. The Conditions and any Contract brought into being as a result of usage of this Website will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.
Website – terms and conditions of use
Please read these terms and conditions carefully as they contain important information about your rights and obligations when using this website (the ‘Website’) and in particular clause 11.3
The Website is owned and operated by Lunatek Consultancy Ltd (‘we’/’us’/’our’), a limited company registered in England and Wales under company number: 08776789 having our registered office at 3 Southfield Avenue, Paignton, TQ3 1LJ. Our VAT Number is: 182838476.
The term ‘you’ refers to the user or viewer of our Website.
1.1. You will be able to access parts of the Website without having to register any details with us. However, from time to time certain areas of this Website may be accessible only if you are a registered user.
1.2. You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.
1.3. We make reasonable efforts to ensure that this Website is available to view and use 24 hours a day throughout each year however, this is not guaranteed. The Website may be temporarily unavailable at anytime because of: server or systems failure or other technical issues; reasons that are beyond our control; required updating, maintenance or repair.
1.4. Where possible we will try to give you advance warning of maintenance issues but shall not be obliged to do so.
2. REGISTERING ON THIS WEBSITE
2.1. When registering on the Website you must choose a username and password. You are responsible for all actions taken under your chosen username and password.
2.2. By registering on the Website you undertake:
2.2.1. That all the details you provide to us for the purpose of registering on the Website are true, accurate, current and complete in all respects
2.2.2. You will notify us immediately of any changes to the information provided on registration
2.2.3. You are over 18 or if under 18 you have a parent or guardian’s permission to register with the Website in conjunction with and under their supervision
2.2.4. To only use the Website using your own username and password
2.2.5. To make every effort to keep your password safe
2.2.6. Not to disclose your password to anyone
2.2.7. To change your password immediately upon discovering that it has been compromised
2.2.8. To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them
2.3. You authorise us to transmit your name, address and other personal information supplied by you (included updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.
3. ELIGIBILITY TO PURCHASE FROM THE WEBSITE
3.1. To be eligible to purchase the Products on this Website and lawfully enter into and form contracts with us, you must:
3.1.1. Be 18 years of age or over
3.1.2. Be legally capable of entering into a binding contract
3.1.3. Provide full details of an address in the United Kingdom or the European Economic Area (if you reside in the EEA) for the performance or delivery of the Products
3.2. If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.
4. INTELLECTUAL PROPERTY
4.1. The content of the Website is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Lunatek Consultancy Ltd moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world).
4.2. You acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.
4.3. You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
4.4. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.
4.5. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
4.6. You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.
4.7. No license is granted to you to use any of our trade marks or those of our affiliated companies.
5.1. It shall be your responsibility to ensure that any products, services or information available through the Website meet your specific requirements.
5.2. We will not be liable to you if the Website is unavailable at any time.
5.3. We attempt to ensure that the information available on the Website at any time is accurate. However, we do not guarantee the accuracy or completeness of material on this Website. We use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of them. We make no commitment to ensure that such material is correct or up to date.
5.4. All drawings, images, descriptive matter and specifications on the Website are for the sole purpose of giving an approximate description for your general information only and should be used only as a guide.
5.5. Any prices and offers are only valid at the time they are published on the Website.
5.6. All prices and descriptions supersede all previous publications.
5.7. Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
5.8. The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these terms and conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
5.9. We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
5.10. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website.
5.11. We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you.
5.12. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.
5.13. We reserve the right to disclose such information to law enforcement authorities as we reasonably feel is necessary should you breach this agreement.
6. USE OF THE WEBSITE
6.1. You are permitted to use the Website and the material contained in it only as expressly authorised by us and in accordance with these terms and conditions, as may be amended from time to time without notice to you.
6.2. We provide access and use of the Website on the basis that we exclude all representations, warranties and conditions to the maximum extent permitted by law.
6.3. We reserve the right to:
6.3.1. Make changes to the information or materials on this Website at any time and without notice to you.
6.3.2. Temporarily or permanently change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict access to parts of or the entire Website without notice or liability to you or any third party.
6.3.3. Refuse to post material on the Website or to remove material already posted on the Website
6.4. You may not use the Website for any of the following purposes:
6.4.1. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
6.4.2. Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise
6.4.3. Breaching any applicable local, national or international laws, regulations or code of practice
6.4.4. Gaining unauthorised access to other computer systems
6.4.5. Interfering with any other person’s use or enjoyment of the Website
6.4.6. Breaching any laws concerning the use of public telecommunications networks
6.4.7. Interfering with, disrupting or damaging networks or websites connected to the Website
6.4.8. Utilisation of data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website
6.4.9. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation
6.4.10. To create and/or publish your own database that features all or substantial parts of the Website
6.4.11. Making, transmitting or storing electronic copies of materials protected by copyright without the prior permission of the owner
6.5. In addition, you must not:
6.5.1. Knowingly introduce viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful to the Website
6.5.2. Attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to it
6.5.3. Attack the Website via a denial-of-service attack or a distributed denial-of service attack
6.5.4. Damage or disrupt any part of the Website, any equipment or network on which the Website is stored or any software used for the provision of the Website
6.6. A breach of this clause may be a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and disclose your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
7. SUSPENDING OR TERMINATING YOUR ACCESS
7.1. We reserve the right to terminate or suspend your access to the Website immediately and without notice to you if:
7.1.1. You fail to make any payment to us when due
7.1.2. You breach the terms of these terms and conditions (repeatedly or otherwise)
7.1.3. You are impersonating any other person or entity
7.1.4. When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity
7.1.5. We suspect you have engaged, or about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website
8.1. You acknowledge that any review, feedback or rating which you leave may be published by us on the Website and you agree that it may be displayed for as long as we consider appropriate and that the content may be syndicated to our other websites, publications or marketing materials.
8.2. You undertake that any review, feedback or rating that you write shall:
8.2.1. Comply with applicable law in the UK and the law in any country from which they are posted
8.2.2. Be factually accurate
8.2.3. Contain genuinely held opinions (where applicable)
8.2.4. Not contain any material which is either defamatory, threatening, obscene, abusive, offensive, hateful, inflammatory or is likely to harass, upset, annoy, alarm, embarrass or invade the privacy of, any person or be deceiving
8.2.5. Not promote or advocate an unlawful act or activity, discrimination, sexually explicit material or violence
8.2.6. Not infringe any trademark, copyright (including design rights), database right, or other intellectual property rights of any other person or breach any legal duty you owe to a third party
8.2.7. Not be used to impersonate any person, or to misrepresent your identity
8.3. You agree to indemnify and hold us harmless against any claim or action brought by third parties, arising out of or in connection with any review, feedback or rating posted by you on the Website, including, without limitation, the violation of their privacy, defamatory statements or infringement of intellectual property rights.
8.4. You grant us and our affiliate companies a non-exclusive, royalty-free worldwide license to use or edit any reviews posted by you.
8.5. We reserve the right to publish, edit or remove any reviews without notifying you.
9. LINKING TO THE WEBSITE
9.1. You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent.
9.2. Any agreed link must be:
9.2.1. To the Website’s homepage
9.2.2. Established from a website or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted
9.2.3. Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it
9.2.4. Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists
9.3. We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.
9.4. We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.
10. EXTERNAL LINKS
10.1. To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:
10.1.1. The privacy practices of such websites
10.1.2. The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources
10.1.3. The use which others make of these websites
10.1.4. Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources.
11. LIMITATION OF LIABILITY AND INDEMNITY
11.1. Notwithstanding any other provision in these terms and conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:
11.1.1. Death or personal injury resulting from our negligence
11.1.2. Fraud or fraudulent misrepresentation
11.1.3. Action pursuant to section 2(3) of the Consumer Protection Act 1987
11.1.4. Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability
11.2. We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for the below mentioned losses which you have suffered or incurred arising out of or in connection with the provision of any matter in these terms and conditions even if such losses are forseeable or result from a deliberate breach by us or as a result of any action we have taken in response to your breach:
11.2.1. Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings)
11.2.2. Any loss of goodwill or reputation; or
11.2.3. Any special or indirect losses; or
11.2.4. Any loss of data
11.2.5. Wasted management or office time
11.2.6. Any other loss or damage of any kind
11.3. You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these terms and conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
11.4. This clause does not affect your statutory rights as a consumer.
12.1. We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
12.2. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions in these terms and conditions and the remainder of the provision in question will not be affected.
12.3. All Contracts are concluded and available in English only.
12.4. If we fail, at any time to insist upon strict performance of any of your obligations under these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms and conditions, it shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
12.5. A waiver by us of any default shall not constitute a waiver of any subsequent default.
12.6. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
13. GOVERNING LAW AND JURISDICTION
13.1. The Website is controlled and operated in the United Kingdom.
These terms and conditions will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.
Protecting your personal details on our website.
Last updated: 20 March 2014
The Website is brought to you by Lunatek Consultancy Ltd. Lunatek Consultancy Ltd believes it is important to protect your Personal Data (as defined in the Data Protection Act 1998) and we are committed to giving you a personalised service that meets your needs in a way that also protects your privacy. This policy explains how we may collect Personal Data about you. It also explains some of the security measures we take to protect your Personal Data, and tells you certain things we will do and not do. You should read this policy in conjunction with the Website Terms.
When we first obtain Personal Data from you, or when you take a new service or product from us, we will give you the opportunity to tell us if you do or do not want to receive information from us about other services or products (as applicable). You can normally do this by ticking a box on an application form or contract. You may change your mind at any time by emailing us at the address below.
Some of the Personal Data we hold about you may be ‘sensitive personal data’ within the meaning of the Data Protection Act 1998, for example, information about your health or ethnic origin.
- Collecting Information
We may collect Personal Data about you from a number of sources, including the following:
1.1. From you when you agree to take a service or product from us, in which case this may include your contact details, date of birth, how you will pay for the product or service and your bank details.
1.2. From you when you contact us with an enquiry or in response to a communication from us, in which case, this may tell us something about how you use our services.
1.3. From documents that are available to the public, such as the electoral register.
2. Using Your Personal Information
2.1. Personal Data about our customers is an important part of our business and we shall only use your Personal Data for the following purposes and shall not keep such Personal Data longer than is necessary to provide these purposes:
2.1.1. To help us to identify you when you contact us.
2.1.2. To help us to identify accounts, services and/or products which you could have from us or selected partners from time to time. We may do this by automatic means using a scoring system, which uses the Personal Data you have provided and/or any information we hold about you and Personal Data from third party agencies (including credit reference agencies).
2.1.3. To help us to administer and to contact you about improved administration of any accounts, services and products we have provided before, do provide now or will or may provide in the future.
2.1.4. To allow us to carry out marketing analysis and customer profiling (including with transactional information), conduct research, including creating statistical and testing information.
2.1.5. To help to prevent and detect fraud or loss.
2.1.6. To allow us to contact you in any way (including mail, email, telephone, visit, text or multimedia messages) about products and services offered by us and selected partners unless you have previously asked us not to do so.
2.1.7. We may monitor and record communications with you (including phone conversations and emails) for quality assurance and compliance.
2.1.8. We may check your details with fraud prevention agencies. If you provide false or inaccurate information and we suspect fraud, we will record this.
2.3. We may allow other people and organisations to use Personal Data we hold about you in the following circumstances:
2.3.1. If we, or substantially all of our assets, are acquired or are in the process of being acquired by a third party, in which case Personal Data held by us, about our customers, will be one of the transferred assets.
2.3.2. If we have been legitimately asked to provide information for legal or regulatory purposes or as part of legal proceedings or prospective legal proceedings.
2.5. In connection with any transaction which we enter into with you:
2.5.1. We, and other companies in our group, may carry out credit and fraud prevention checks with one or more licensed credit reference and fraud prevention agencies. We and they may keep a record of the search. Information held about you by these agencies may be linked to records relating to other people living at the same address with whom you are financially linked. These records will also be taken into account in credit and fraud prevention checks. Information from your application and payment details of your account will be recorded with one or more of these agencies and may be shared with other organisations to help make credit and insurance decisions about you and members of your household with whom you are financially linked and for debt collection and fraud prevention. This includes those who have moved house and who have missed payments.
2.5.2. If you provide false or inaccurate information to us and we suspect fraud, we will record this and may share it with other people and organisations. We, and other credit and insurance organisations, may also use technology to detect and prevent fraud.
2.5.3. If you need details of those credit agencies and fraud prevention agencies from which we obtain and with which we record information about you, please write to our Data Protection Manager at Lunatek Consultancy Ltd, 3 Southfield Avenue, Paignton, Devon TQ3 1LJ.
3. Protecting Information
We have strict security measures to protect Personal Data.
3.1. We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.
3.2. We reveal only the last five digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.
3.3. We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personally identifiable customer information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you.
3.4. It is important for you to protect against unauthorised access to your password and to your computer. Be sure to sign off when you finish using a shared computer.
4. The internet
4.1. If you communicate with us using the internet, we may occasionally email you about our services and products. When you first give us Personal Data through the Website, we will normally give you the opportunity to say whether you would prefer us not to contact you by email. You can also always send us an email (at the address set out below) at any time if you change your mind.
4.2. Please remember that communications over the internet, such as emails and webmails (messages sent through a website), are not secure unless they have been encrypted. Your communications may go through a number of countries before they are delivered – this is the nature of the internet. We cannot accept responsibility for any unauthorised access or loss of Personal Data that is beyond our control.
When we provide services, we want to make them easy, useful and reliable. This sometimes involves placing small amounts of information on your computer. These are called ‘cookies’.
These cookies cannot be used to identify you personally and are used to improve services for you, for example through:
– Letting you navigate between pages efficiently
– Enabling a service to recognise your computer so you don’t have to give the same information during one task
– Recognising that you have already given a username and password so you don’t need to enter it for every web page requested
– Measuring how many people are using services, so they can be made easier to use and that there is enough capacity to ensure they are fast
See allaboutcookies.org or www.youronlinechoices.eu to learn more about cookies.
Visit www.google.co.uk/goodtoknow/data-on-the-web/cookies for a video about cookies.
Users typically have the opportunity to set their browser to accept all or some cookies, to notify them when a cookie is issued, or not to receive cookies at any time. The last of these options, of course, means that personalised services cannot be provided and the user may not be able to take full advantage of all of a website’s features. Refer to your browser’s Help section for specific guidance on how it allows you to manage cookies and how you may delete cookies you wish to remove from your computer.
Multiple cookies may be found in a single file depending on which browser you use.
The cookies used on this website have been categorised based on the categories found in the ICC UK Cookie guide, as follows:
Category 1: strictly necessary cookies
These cookies are essential in order to enable you to move around the website and use its features, such as accessing secure areas of the website. Without these cookies services you have asked for, like shopping baskets or e-billing, cannot be provided.
Category 2: performance cookies
These cookies collect information about how visitors use a website, for instance which pages visitors go to most often, and if they get error messages from web pages. These cookies don’t collect information that identifies a visitor. All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how a website works.
Category 3: functionality cookies
These cookies allow the website to remember choices you make (such as your user name, language or the region you are in) and provide enhanced, more personal features. For instance, a website may be able to provide you with local weather reports or traffic news by storing in a cookie the region in which you are currently located. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customise. They may also be used to provide services you have asked for such as a live chat session. The information these cookies collect may be anonymised and they cannot track your browsing activity on other websites.
Category 4: targeting cookies or advertising cookies
These cookies are used to deliver adverts more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaign. They are usually placed by advertising networks with the website operator’s permission. They remember that you have visited a website and this information is shared with other organisations such as advertisers. Quite often targeting or advertising cookies will be linked to site functionality provided by the other organisation.
The list below shows the cookies that we use, other than those that are strictly necessary to this service. If you have any queries about these, or would like more information, please contact our Data Protection Manager at Lunatek Consultancy Ltd, 3 Southfield Avenue, Paignton, Devon TQ3 1LJ, or email us at [email protected]
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PHP session management
WordPress standard function cookies, please refer to our ssl security certificate for a full list of cookies.
By using this website, you agree that we can place these types of cookies on your device.
6.1. The Website may include third-party advertising and links to other websites. We do not provide any personally identifiable customer Personal Data to these advertisers or third-party websites.
6.3. We exclude all liability for loss that you may incur when using these third party websites.
7. Further Information
7.4. If you would like access to the Personal Data that we hold about you, you can do this by emailing us at [email protected] or writing to us at the address noted above. There may be a nominal charge of £10 to cover administrative costs.
7.5. We aim to keep the Personal Data we hold about you accurate and up to date. If you tell us that we are holding any inaccurate Personal Data about you, we will delete it or correct it promptly. Please email us at [email protected] or write to us at the address above to update your Personal Data.
Terms and Conditions back of goods order form.
The Buyer should note the provisions of clause 13 (limitation of liability).
In this document the following words shall have the following meanings:
means the documents comprising an Agreement and includes the Conditions, an Order Acknowledgement and its related Purchase Order for Goods. If there is any inconsistency between the documents comprising an Agreement, they shall have precedence in the order listed herein.
means the organisation or person with whom an Agreement is made by the Seller, whether directly or indirectly through an agent or third party who is acting for or instructed by or whose actions are ratified by such organisation or person.
means these terms and conditions as amended from time to time in accordance with clause 10 (alterations) and clause 19 (variation).
means the articles or things, or part of them, described in a Purchase Order overleaf including, without limitation, raw materials, processed materials or fabricated products.
Intellectual Property Rights
means patents, all rights to inventions, prototypes, products, discoveries, techniques or processes, systems, data, information, copyright and related rights, moral rights, trade marks and service marks, trade names, domain names, brand names, rights to goodwill, rights in design, rights in computer software (including source code and object code), database rights, rights in confidential information (including know how and trade secrets) and any other intellectual property rights relating to the Goods in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights owned by the Seller and similar or equivalent rights which subsist or will subsist now or in the future in any part of the world.
means the Seller’s acknowledgement of a Purchase Order for Goods confirming acceptance of that Purchase Order.
means the Buyer and the Seller.
means an order for the purchase of Goods submitted to the Seller by the Buyer.
Sales of Goods Act
means the Sales of Goods Act 1979.
means Lunatek Consultancy Ltd.
2.1. In these Conditions, the following rules apply:
2.1.1. A person includes a natural person, corporate or unincorporated body (whether or not they have separate legal personality).
2.1.2. A reference to a party includes its personal representatives, successors or permitted assigns.
2.1.3. A reference to ‘writing’ or ‘written’ includes faxes and emails.
2.1.4. Any reference to a statutory provision is a reference to that provision as modified or re-enacted or both from time to time and to any subordinate legislation made under the statutory provision.
2.1.5. Any phrase introduced by the terms ‘including’ or ‘include’ or any similar expression shall not limit the sense of the words preceding those terms.
3.1. The Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer, whether in the negotiation or at any stage in the dealings between the Parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been agreed by the Seller in writing.
4.1. Unless verbal or telephone Purchase Orders and any variations to Purchase Orders are confirmed in writing by the Buyer to the Seller, the Seller shall not be responsible for errors or subsequent misunderstandings.
4.2. Notwithstanding that the Seller may have given a detailed quotation, no Purchase Order shall be binding on the Seller unless and until it has been accepted in writing by the Seller by means of an Order Acknowledgement.
5. Price and payment
5.1. All prices estimated, quoted or invoiced are in Sterling (UK Pounds).
5.2. The price of the Goods will be the price stated in the Order Acknowledgement, being, unless otherwise stated by the Seller, the list price of the Company current at the date of the Order Acknowledgement. The Seller’s prices are subject to adjustment to take account of any variation in the Seller’s costs including (without limitation) variations in wages, the cost of materials, exchange rate fluctuations, alterations of duties and other costs since the date of the Seller’s quotation or (if no quotation is issued) the Purchase Order. The Seller accordingly reserves the right to adjust the invoice price by the amount of any increase or decrease in such costs after the price is quoted or the Purchase Order is submitted (as applicable). The invoice so adjusted shall be payable as if the price set out therein were the original Agreement price.
5.3. The price is exclusive of VAT, which will be charged at the appropriate rate. The price is also exclusive of transport, packaging, insurance and any other applicable duties or taxes, unless otherwise explicitly agreed.
5.4. All invoices of the Seller shall, unless otherwise agreed in writing by the Seller, be paid by the Buyer within 30 days of the date of the Seller’s invoice without deduction or withholding and free of set off or counterclaim. Time for payment shall be of the essence. The Seller shall be entitled to render an invoice for the Goods sold under an Agreement as soon as the Seller has provided an Order Acknowledgement.
5.5. The Seller shall be entitled to charge interest on overdue invoices from the date when payment becomes due until the date of payment at the rate of 8.50% per annum above the base rate of Barclays.
5.6. If the payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to:
5.6.1. require payment in advance of delivery in relation to any Goods not previously delivered;
5.6.2. refuse to make delivery of any undelivered Goods whether ordered under an Agreement or not and without incurring any liability whatsoever to the Buyer for non-delivery or any delay in delivery;
5.6.3. terminate the Agreement.
6. Specification of Goods
6.1. No description, specification or illustration contained in any product pamphlet or other sales or marketing literature of the Seller and no representation written or oral, correspondence or statement made by the Seller or any of its employees, agents or representatives, whether expressed or implied, shall form part of any Agreement.
6.2. Goods described in the Seller’s literature or elsewhere are subject to a continuing process of technical change and development and the Seller therefore reserves the right to alter specifications without notice at any time before delivery. All descriptions, illustrations, specifications and dimensions are approximate and are only intended to present a general guideline as to the type of Goods represented thereby. It is therefore agreed by the Buyer that Goods supplied may not comply in all respects with the description in the Seller’s literature or elsewhere.
7. Delivery and risk
7.1. The date of delivery specified by the Seller is an estimate only given in good faith.
7.2. The Seller undertakes to use reasonable endeavours to despatch the Goods on the agreed date, but does not guarantee to do so.
7.3. Time of delivery shall not be the essence of the Agreement, unless expressly agreed in writing by the Seller and the Seller shall not be liable for any loss, damage or expense suffered by the Buyer or any other party by reason of any alleged delay in delivery.
7.4. Where the Seller is authorised or required by the Buyer to deliver the Goods to the Buyer:
7.4.1. the Goods will be deemed to be delivered upon delivery of the Goods to a carrier (whether named by the Buyer or not);
7.4.2. all risk in the Goods shall pass to the Buyer on delivery, such that the Buyer shall be liable for any subsequent loss or damage to Goods however caused;
7.4.3. the Parties agree that the Seller will be under no obligation to give a notice under section 32(3) of the Sale of Goods Act;
7.4.4. the Buyer authorises the Seller to enter into an agreement with the carrier on its standard terms and conditions which the Buyer confirms shall satisfy the requirements of the Seller under section 32(2) of the Sale of Goods Act.
7.5. Goods collected by the Buyer from the Seller’s premises shall be deemed to be delivered and risk shall pass to the Buyer upon the Buyer arriving at the Seller’s premises.
7.6. Goods transported by the Seller shall be deemed to be delivered and risk shall pass to the Buyer when they are ready to be unloaded at the site specified by the Buyer and the Buyer agrees that Section 32(3) of the Sale of Goods Act shall not apply to Goods sent by the Seller.
7.7. If delivery is refused by the Buyer or is delayed, suspended or made by instalments at the request of the Buyer, risk in the Goods (or any of them not delivered in these circumstances) shall pass to the Buyer immediately upon such refusal or request by the Buyer and (without prejudice to the generality of the foregoing) the Seller shall place such Goods into store and the Buyer shall be responsible to pay the costs of storage and insurance of such Goods and of any attempted delivery of such Goods.
7.8. No liability for non-delivery, loss of or damage to the Goods occurring prior to delivery or for any claim that the Goods are not in accordance with an Agreement will attach to the Seller unless claims to that effect are notified in writing by the Buyer to the Seller: (a) within 7 days of delivery for loss damage or non-compliance with the Agreement or (b) for non-delivery within 10 days of the delivery date specified by the Seller. If the Buyer fails to give such notice the Goods shall be deemed to be in all respects in accordance with the Agreement and, without prejudice to earlier acceptance by the Buyer, the Buyer shall be bound to accept and pay for the same accordingly.
7.9. In the event of a valid claim for non-delivery, loss, damage or non-compliance with the Agreement the Seller undertakes at its option either to repair or replace the Goods at its expense but shall not be under any further or other liability to any person in connection with such non-delivery loss damage or non-compliance.
7.10. If forwarding instructions are not received within 5 days, or 14 days for export orders, of the Seller’s advice to the Buyer that Goods are ready for despatch, the Seller shall be entitled to make an appropriate storage charge from the date of such advice.
8.1. In spite of delivery having been made, title in the Goods shall not pass from the Seller until the Buyer has paid the price of all the Goods under any Agreement and no other sums are due from the Buyer to the Seller.
8.2. Until the property in the Goods passes to the Buyer, the Buyer shall hold the Goods and each of them on a fiduciary basis as a custodier/bailee for the Seller. The Buyer shall store the Goods separately from all other Goods in its possession and marked in such a way that they are clearly identified as the property of the Seller. The Buyer shall not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods. The Buyer shall maintain the Goods in satisfactory condition and keep them insured on the Seller’s behalf for their full price against all risks to the reasonable satisfaction of the Seller. On request the Buyer shall produce the policy of insurance to the Seller.
8.3. Notwithstanding that the Goods remain the property of the Seller; the Buyer may sell the Goods in the ordinary course of the Buyer’s business at full market value for the account of the Seller. Until title in the Goods passes from the Seller, the entire proceeds of sale or otherwise of the Goods shall be held on trust by the Buyer for the Seller.
8.4. Until such time as title in the Goods passes from the Seller to the Buyer, the Buyer shall, upon request, deliver up such Goods as have not ceased to be in existence or resold, to the Seller. If the Buyer fails to do so, the Seller may enter upon any premises owned or occupied or controlled by the Buyer where the Goods are situated and repossess the Goods.
8.5. The Seller shall have the right to pursue an action for the price of the Goods notwithstanding that title may not have passed to the Buyer.
9. Buyer’s obligations
9.1. The Buyer shall provide the Seller with any information reasonably required by the Seller as well as obtain all necessary permissions and consents including (without prejudice to the generality of the foregoing) promptly obtaining all necessary import licences, clearances and other consents necessary for the purchase of the Goods.
9.2. Without prejudice to any other rights to which the Seller may be entitled, in the event that the Buyer unlawfully terminates or cancels any Agreement, the Buyer shall be required to pay to the Seller, as agreed damages and not as a penalty, the full amount of any third party costs to which the Seller has committed and in respect of cancellations on less than 2 days’ written notice the full price of the Goods as set out in the Agreement, and the Buyer agrees this is a genuine pre-estimate of the Seller’s losses in such a case.
10. Alterations to the Agreement
10.1. Subject to clause 19.1, the Parties may, at any time, mutually agree upon variations to an Agreement, save for an Order Acknowledgement, provision for which is set out below.
10.2. Any alterations in the scope of Goods to be provided under an Agreement shall be set out in a revised Order Acknowledgement, which shall reflect the changed Goods and price and all other terms agreed between the Parties.
10.3. The Buyer may at any time within 2 days of the Order Acknowledgement request in writing alterations to it. On receipt of the request for alterations, the Seller shall, within 7 days, or such other period as may be agreed between the Parties, advise the Buyer by notice in writing whether it is prepared to alter the Order Acknowledgement in accordance with the Buyer’s request and, if it is, the basis upon which it is prepared to do so having regard to the changes which the Seller shall require to the price and any other terms previously agreed between the Parties (‘an alteration notice’).
10.4. The Buyer shall, within 7 days of receipt of an alteration notice, or such other period as may be agreed between the Parties, advise the Seller by notice in writing whether or not it wishes an Agreement to be altered on the basis set out in the alteration notice. If such a notice is given by the Buyer, the terms of the altered Agreement shall be set out in a revised Order Acknowledgement.
11.1. The Seller warrants that it has the right to sell the Goods, but otherwise the Goods are provided on an ‘as-is’ basis without warranty of any kind, express or implied, oral or written.
11.2. Where the Goods have been manufactured by the Seller and are found under proper use (fair wear and tear excepted) to be defective, the Seller shall repair, or in its sole discretion, replace such defective Goods free of charge within 90 days from the receipt of notification from the Buyer, subject to the following conditions:
11.2.1. the Buyer notifying the Seller in writing immediately upon the defect becoming apparent;
11.2.2. the defect being solely due to faulty design, materials or workmanship.
11.3. Any Goods to be so repaired or replaced shall be returned to the Seller at the Buyer’s expense.
11.4. Where the Goods have been manufactured and supplied to the Seller by a third party, any warranty granted to the Seller shall be passed on to the Buyer to the extent that the Seller is able and subject to the Goods having been accepted and paid for by the Buyer.
11.5. The Seller shall be entitled in its absolute discretion to refund the price of defective Goods in the event that such price has already been paid.
12.1. The Buyer shall indemnify the Seller against all claims (including but not limited to loss of profit), costs and expenses in respect of any dispute, suit, action, arbitration or proceedings that arise out of, or in connection with an Agreement (including without limitation legal fees and other professional fees) which the Seller may incur and which arise, directly or indirectly, from the Buyer’s breach of any of its obligations under an Agreement.
13. Limitation of liability
13.1. The following provisions set out the entire financial liability of the Seller (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:
13.1.1. any breach of any Agreement;
13.1.2. any use made or resale by the Buyer of any of the Goods, or of any product incorporating any of the Goods; and
13.1.3. any representation, statement or tortious act or omission (including negligence) arising under or in connection with any Agreement.
13.2. To the extent permitted by law, no liability of any nature shall be incurred or accepted by the Seller in respect of any representation made by the Seller, or on its behalf, to the Buyer, or to any party acting on the Buyer’s behalf, prior to the making of an Agreement, where such representations were made or given in relation to:
13.2.1. the correspondence of the Goods with any description;
13.2.2. the quality of the Goods; or
13.2.3. the fitness of the Goods for any purpose whatsoever.
13.3. No liability of any nature, including, but not limited to negligence, shall be incurred or accepted by the Seller in respect of any express term in any Agreement where such term relates in any way to:
13.3.1. the correspondence of the Goods with any description;
13.3.2. the quality of the Goods; or
13.3.3. the fitness of the Goods for any purpose whatsoever.
13.4. Without limitation, any implied term under sections 13 to 15 of the Sale of Goods Act 1979 as to the quality, fitness for purpose or description of the Goods, all of which are specifically and unreservedly excluded to the fullest extent permitted by law. In particular, but without limitation, no warranty is given that the Goods are suitable for any specific purpose intended by the Buyer.
13.5. An Agreement shall not constitute a sale by description or sample.
13.6. Save as expressly provided in the Agreement, all conditions, warranties and other terms implied by statute or common law are to the fullest extent permitted by law excluded from any Agreement.
13.7. The Seller’s 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 any Agreement shall be limited to the price stated in the Order Acknowledgement.
13.8. In no event shall the Seller be liable to the Buyer for any loss of business, loss of opportunity, loss of profits, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of contract, loss of use, loss or corruption of data or information or for any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses whatsoever (howsoever caused) which arise out of or in connection with any Agreement. This shall apply even where such a loss was reasonably foreseeable or the Seller had been made aware of the possibility of the Buyer incurring such a loss.
13.9. Nothing in an Agreement shall exclude or limit the Seller’s liability for death or personal injury resulting from the Seller’s negligence or that of its employees, agents or sub-contractors.
14.1. The Seller may, by written notice, terminate any Agreement immediately if the Buyer is in breach of any of the terms of an Agreement, which, if capable of remedy, is not remedied within 7 days of a notice served by the Seller requiring such breach to be remedied. Failure to pay any sums due is a breach of the terms of the Agreement which is not capable of remedy.
14.2. Any Agreement shall be terminated if an order is made for bankruptcy of the Buyer or an effective resolution is passed for the winding-up of the Buyer or the Buyer makes a composition with its creditors or if a supervisor, receiver, administrator, administrative receiver or other encumbrancer takes possession of or is appointed over the whole or any part of the assets of the Buyer.
14.3. Any Agreement shall be terminated if either party ceases to carry on its business or substantially the whole of its business or where either party is declared insolvent.
14.4. Termination of an Agreement shall not affect any rights or obligations of the Parties arising prior to such termination.
15. Intellectual property rights
15.1. The specification and design of the Goods and all Intellectual Property Rights therein shall as between the Parties be the property of the Seller. Where any designs or specifications have been supplied by the Buyer for manufacture by the Seller or to the order of the Buyer then the Buyer warrants that the use of those designs or specifications for the manufacture, processing, assembly or supply of the Goods shall not infringe the rights of any third party and the Buyer shall indemnify the Seller against all claims, costs, damages and expenses which the Seller may incur and which arise, directly or indirectly, from the Buyer’s breach of such warranty.
15.2. The Buyer shall not:
15.2.1. claim any right of property in any of the Seller’s Intellectual Property Rights;
15.2.2. register or cause to be registered any Intellectual Property Rights that is similar to or an imitation of any Intellectual Property Rights of the Seller;
15.2.3. make any modifications to the Goods or their packaging;
15.2.4. alter, remove or tamper with any marks, numbers or other means of identification used on or in relation to the Goods;
15.2.5. use any of the Seller’s Intellectual Property Rights in any way that might prejudice their distinctiveness or validity or the goodwill of the Seller in them;
15.2.6. use in relation to the Goods any intellectual property rights other than the Intellectual Property Rights without obtaining the prior written consent of the Seller.
15.3. For the avoidance of doubt, nothing in an Agreement confers upon the Buyer any rights whatsoever in the Seller’s Intellectual Property Rights or the goodwill associated with them. The Buyer acknowledges that, except as expressly provided in this Agreement, it will not acquire any rights in respect of the Seller’s Intellectual Property Rights and goodwill and that they are, and shall remain, vested in the Seller.
16. Force majeure
16.1. The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, decrees or restraints by civil authorities including acts of local and national government, extreme weather conditions, labour disputes of whatever nature including, without prejudice to the generality of the foregoing, work to rule, strikes and lockouts, perils of the sea or air, fire, flood, drought, explosion, pandemic, embargo, war, riots, civil commotions, sabotage, terrorism, breakdown of plant or machinery or shortage or unavailability of labour or raw materials from a natural source of supply, and the Seller shall be entitled in these circumstances to delay or cancel delivery or to reduce the amount delivered.
17.1. The Buyer shall not be entitled to assign an Agreement or any part of it without the prior written consent of the Seller.
17.2. The Seller may assign an Agreement or any part of it to any person, firm or company.
18.1. The failure by either party to enforce, at any time or for any period, any one or more of the terms and conditions of the Agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of an Agreement.
19.1. Any variation to the Conditions (including any special terms and conditions agreed between the Parties) shall be inapplicable unless agreed in writing by and signed by an authorised person on behalf of the Seller.
20.1. If any term or provision of the Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if the Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
21. Rights of third Parties
21.1. The Parties do not intend any part of an Agreement to be enforceable by any person not a party to it, by virtue of the Contracts (Rights of Third Parties) Act 1999.
22. Governing law
22.1. This Agreement shall be governed by and construed in accordance with the law of England and Wales and the Seller and the Buyer irrevocably agree that the courts of England and Wales have exclusive jurisdiction in respect of any dispute, suit, action, arbitration or proceedings which arises out of, or in connection with an Agreement.
Social Media and services related to social media notice to the customer.
In addition to our standard terms and conditions we highlight the following in respect to social media services.
Lunatek staff comply with our employee social media policy.
Order for and provision of these services shows acceptance from the client /customer of the following conditions.
Social media service provision are designed to aid small to medium enterprises, Local Government, social media visibility, Lunatek provides managed services to the client and they are subject to the terms and conditions detailed in this section, they are therefore regulated as follows:
Social media management services are provided on behalf of our clients.
Social media cancelation:
On request in writing the monitored feeds, accounts will be removed from our systems, please refer to our standard cancelation terms below.
Tweets / Facebook and associated social media services using post type comments, which are posted in direct relation to the clients business activities, the company adds on behalf of the client as an authorised agent relevant industry information and general public announcements, RSS feeds are added to provide content and the client furthermore authorises the Company to act on its behalf in respect to these services.
The client is able to access the feeds using there own equipment and software, the company accepts no liability for content posted to these services by the customer /client.
At all times the company will make every attempt to ensure the content listed or added in respect to comment (posting) or photographs or links added by it employees on behalf of the customer are relevant to the clients business interest and therefore represent the clients business to the best of our abilities, however the client / customer fully accepts and indemnifies the company Lunatek Consultancy Ltd in respect to any legal claim for content posted that it may deem inappropriate or incorrect, the client will not pursue a claim for compensation in respect to these services (feed postings) from the company.
Further more the client /customer understands the importance of keeping all usernames and passwords secure, the company accepts no responsibility for the loss or misuse of this information however caused.
We advise the client that all our data in respect to the accounts is secure and encrypted, we also draw the client’s attention to our compliance to the 1998 data security act.
We are registered under the Data Protection Act 1998 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than for support or service, manufacture or supply through contract agreement or joint venture agreement or if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products options to unsubscribe will be available.
LUNATEK® REMOTE SUPPORT AGREEMENT
1. Lunatek Consultancy Ltd (“the SimpleHelp Software”) has been or is about to be downloaded to your computer to allow a remote control session between Lunatek Consultancy Ltd. and a computer or computers on your network. By clicking “ACCEPT”, you are authorizing us to download the SimpleHelp software to your computer and you understand that we will have partial or fully unrestricted access to gain access to this computer or computers on your network as well as their contents on your network. We will then be able to transfer files with or without additional authorization from you. If you are in any way unsure about the identity, technical ability or trustworthiness of the SimpleHelp remote support software and do not wish us to have access to your computer, click “DO NOT ACCEPT”.
2. This Agreement does not grant any rights to you in respect to SimpleHelp and you agree not to use, copy, modify, enhance, merge, reverse engineer, reverse assemble, decompile, or in any way alter the SimpleHelp software or any copy, adaptation, transcription, or merged portion thereof or otherwise attempt to derive source code therefrom. You also hereby acknowledge and agree that we may verify the use of the SimpleHelp remote support software through online verification procedures, which may include support session time logging. In addition, you acknowledge that SimpleHelp provides for trouble support notification to Lunatek Consultancy Ltd in the event of a SimpleHelp Software failure.
3. Except as described under section 1 of the terms and conditions below.
Under no circumstances will Lunatek Consultancy Ltd, its affiliates or any of its respective officers, Directors, Shareholders, Agents, Employees, Contractors or Licensors ( “The SimpleHelp”) be liable for any direct, indirect, Punitive, special,Exemplary, Incidental, Consequential, or other damages of any type kind ) Including without limitation system damage of any type or kind, (including without limitation system damage, or loss of data, privacy, revenue, profits,use or other economic advantage) Arising out of, or in any way connected with , (i) The downloading of SimpleHelp software onto your computer, (ii) The remote control services provided by the operators, (iii) Any interruption to use the remote control service or (iv) any content obtained from our through the remote control service, even if the SimpleHelp Party(ies) from which damages have been are sort have been previously advised of the possibility of such damages.
4. Any dispute, claim, or controversy in connection with or arising under the use of the SimpleHelp Software or this Agreement, its construction, existence, interpretation, validity, or any breach hereof which cannot be amicably settled between the parties, shall be finally and exclusively resolved by arbitration under the Rules of Arbitration prevailing within the country Lunatek® is registered. The parties agree that the dispute shall be resolved using one arbitrator unless the parties agree to a greater number of arbitrators. The arbitrator shall apportion the costs of the arbitration equally but may award or order reimbursement of legal fees and expenses in the manner deemed fair and equitable by the arbitrator. The arbitration proceedings shall be held in the UK and shall be subject to the terms of this Agreement, the intentions of the parties as stated herein, international commercial practice, and the governing law of this Agreement. The award in arbitration shall be final and binding, and judgment upon award may be entered in any court having jurisdiction or application may be made for judicial acceptance of the award and an order of enforcement. If it becomes necessary for either party to enforce an arbitral award by legal action or additional arbitration or judicial methods, the party against whom the award is ultimately enforced shall pay all reasonable costs and attorney’s fees incurred by the party in enforcing the award. The foregoing terms shall not apply to claims made against Lunatek® in connection with an existing technical support agreement.
5. The parties herby expressly waive any right to trial by jury or class treatment of any claim, demand, action, or cause of action, arising out of or relating to this agreement or the breach thereof, provided that nothing in this agreement shall preclude a party from seeking to compel arbitration.
IMPORTANT NOTE: The SimpleHelp Software product includes certain software originating from third parties that is subject to their own terms and conditions.
Please refer to http://simple-help.com/license-terms-and-conditions rights under said licenses.
Terms of Service
REMOTE ACCESS TECHNICAL ASSISTANCE FROM Lunatek Consultancy Ltd. (“Lunatek®”) IS PROVIDED ON THE FOLLOWING BASIS:
1. LUNATEK® LIABILITY AND THE LIABILITY OF ITS SUPPLIERS SHALL BE LIMITED TO THE TOTAL VALUE OF THE LUNATEK® REMOTE ACCESS TECHNICAL SUPPORT,TO A MAXIMUM OF £5 PER INCIDENT.
2. ALTHOUGH LUNATEK CANNOT GUARANTEE THAT THE PROVISION OF LUNATEK REMOTE ACCESS TECHNICAL SUPPORT WILL RESOLVE YOUR ISSUE, LUNATEK WILL MAKE REASONABLE EFFORTS TO PERFORM SUPPORT SERVICES IN A PROFESSIONAL MANNER. TO THE EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTY AND REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, LUNATEK SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, RELATED TO OR ARISING IN ANY WAY OUT OF THESE TERMS, INCLUDING ANY IMPLIED WARRANTY OR MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS PROVIDED ABOVE, IN NO EVENT SHALL LUNATEK CONSULTANCY LTD HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF DATA, LOSS OF USE OR EQUIPMENT OR FACILITIES, OR INTERRUPTION OF BUSINESS, ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS UNDER ANY THEORY OF LIABILITY, WHETHER OR NOT LUNATEK® – LUNATEK CONSULTANCY LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Intake Form Disclaimer
In these terms and conditions, references to “we” and “us” are to Lunatek® trading as Lunatek Consultancy Ltd
By using services provided by Lunatek Consultancy Ltd
The terms below set out our obligations to you and what you are agreeing to.
REPAIR AND SUPPORT SERVICES.
You are responsible for ensuring that you have backed up all data on your Device / Phone / Audio device / Metal detector/ Computer / Laptop / Server / Nas / Phone / Tablet / Printer /Scanner / MFD /MFP before we access your system.
Although data loss is very unlikely, we will not be responsible for any loss of data, pictures, information or programs on your computer or devices networked or directly attached to your Hardware network or extended systems, physical or virtual., local or cloud hosted.
If you have not made any backups of your data then we can do this for you when requested through our support system or by email.
Please contact us as soon as possible to arrange for your data to be backed up before we start work on your device.
Please note, mechanical failure of your hard disk or other components inside your computer / hardware / device can occur without warning during our intensive diagnostics. Virus and malware infections can also damage your data and could lead to unpredictable problems and could result in data loss.
For some service and repair tasks we may need to re-install your operating system or Firmware and reset the device to a factory default state.
This involves wiping your hard disk clean and re-installing the operating system reflashing the firmware back to the point when your device / computer was first purchased.
If a computer system ( PC or APPLE COMPUTER ) we will contact you prior to doing this but if you require your data to be backed up prior to the wipe and restored back to your computer once the operating system has been re-installed please let us know. There will be additional charges associated with this service in relation to PC & APPLE COMPUTERS, other device may be reset without notice.
On-Site Repairs and Services
If you book an on-site mobile repair technician appointment we will need the following at the time of appointment:
Full access to the equipment being repaired. Electricity mains power & Lighting
Your agreement to follow our reasonable instructions
Your computer system should have a valid Windows operating systems or Apple OS X operating system installed. If you have not, we will need to purchase and install a retail version of the relevant operating system for your computer.
Additional costs and time will be involved.
We are unable to work on unlicensed operating systems.
Some issues are not able to be resolved remotely but we will use reasonable amounts of skill and care to resolve problems you have requested us to do. It may be necessary for your computer equipment to be delivered to our workshop to resolve your problem but we we talk about all available options at the time of the remote repair session.
Although we do not have specific knowledge of your computer configuration we will attempt to minimise disruption to your system as much as we can but we cannot be responsible for any unforeseen issues that may arise from any of our services.
Please note that if your computer system or equipment is under manufacturer warranty our services may affect manufacturer warranty validity. It is your responsibility to assess the effect of our services on any manufacturers warranty.
We cannot be help responsible or liable to any service performed for you regarding:
any loss data, data corruption, loss of images, documents or information
any financial loss, or loss and interruption to business or contracts
any failure by you to follow our reasonable recommendations or instructions
any losses or issues you may suffer due to your use of (or failure to use) any anti-virus software
any loss that is not reasonably foreseeable.
Google Analytics is a web analysis service provided by Google. Google utilizes the data collected to track and examine the use of www.lunatek.co.uk, to prepare reports on its activities and share them with other Google services.
Google may use the data collected to contextualize and personalize the ads of its own advertising network.
If you are posting Lithium batteries for safe transit they must be in a charge state no higher than 30% charge, you must identify them on the parcel, we accept no liability or responsibility in respect to lithium battery transportation, please check with your shipping agent and check shipping regulations and restrictions.
MINELAB SERVICE AND ASSOCIATED PRODUCTS
In addition to the above please refer to your limited warranty provided by Minelab and the information provided on the pages of this website shown below covering all Minelab products service and repair.
Most repairs are completed in approximately 7 -14 working days (best endeavours, times may vary) (transit time not included).
Products requiring extended level 3 servicing and repair ( circuit board repairs vs replacement) may not be processed in accordance with the above time schedule and require additional diagnostics and testing and escalation.
You will be updated in respect to the schedule.
Non warranty repairs
All Prices shown are subject to VAT at the prevailing rate.
- All non warranty repairs are chargeable and will be subject to a minimum fee of £52.50 + postage via a tracked service postage and packaging within the UK (Other areas please ask)
- Your device metal detector – Minelab device – will be assessed and may require disassembly
- If you do not proceed or the item is deemed uneconomical to repair or at the end of life the device is reassembled and can returned to you and the fee above becomes due. ( Cleared funds, payment will be required before dispatch) we reserve the rite to alter these terms of payment subject to the prevailing situation and the merchant processing facilities available.
- Goods received are opened, pictures taken immediately on receipt of the contents and serial number identification in the form of bar codes attached, any errors alteration, missing goods, machine parts or items must be notified within 24 hours of receipt, clearly detail the parts, machines or products which are not present, we recommend contacting your courier or postal service to alert them of any loss during carriage. Variation alteration to received goods and identification of these items there entry into our system will not be made after 24 hours have elapsed, e.g the items shown are yours and are as dispatched and registered with us upon receipt at the service centre.
- A service history may be requested from Minelab.
- If a box or parcel is damaged opened or resealed by the parcel service unless officially marked e.g customs the parcel will be refused.
- Any claim for incorrect goods received should be addressed to your courier or postal service provider and we take no responsibility or liability in effect to goods sent in transit to our registered address.
- Any claim for the loss of your goods while in our care is limited to the total sum of $50, the item must be part of the item list and asset list pictures recorded at the time of receipt of the parcel and recorded in our system. (Proof of loss is required) failure to receive said goods is not proof of loss.
- Should any key faults or elements of the machine require replacement they are detailed within your tickets or estimate and pictures taken as a record of the parts and replacements provided.
- Payment is due for the assessment before release can be made (Payment terms for this service are 7 days) After seven (7) days we reserve the right to charge you storage fees and interest at the prevailing rate on any unpaid balance due.
- If you decide you do not wish to have the device returned to you, (item not repairable ) payment for our service will still remain due and the fee in respect to PP will be attributed to responsible recycling and disposal of the device.
- If a repair quote is agreed the initial assessment figure will be attributed ( added ) and detailed within your quote showing a total repair cost, all prices shown are subject to the addition of VAT.
- Payment for non warranty repairs and service are required in advance of the return of the device or product.
- In the event the product is subsequently found to be unrepeatable due to failure of other related components, we will advise you accordingly and reserve the right to amend your ( Invoice ) bill, amount due, if at this point you decide not proceed and require return of the product the original assessment cost remains due (minimum fee of £52.50 + postage and packaging of £12.00) any additional fees charges will be refunded and the items used returned to Lunatek non warranty stock, your device will be returned to the state it was received.
- We reserve the right to alter postage and packaging pricing (PP) at any time, for other continental areas please ask for a quote.
- All devices Warranty and Non Warranty sent to Lunatek must be sent in accordance with the conditions outlined on the Warranty page of this website or associated websites.
- Services not paid for within 60 days of completion may result in the seizure of your product /equipment to recover any costs incurred.
- Excalibur repairs Warranty and underwater use, including snorkelling and diving, if your machine floods due to manufacturing or seal failure and is under warranty the machine repair will be covered however, if the damage is caused by impact neglect or exceeding the maximum operating depth of the unit it would not be covered, repair and replacement is subject to inspection, manufacturer authorization of warranty and repair or replacement.
- Excalibur repairs Non Warranty and underwater use, although all repairs are completed to a high standard following manufacturers guidelines due to the nature of the use of these machines for underwater use including snorkelling and diving, we do not extend any form of guarantee or warranty covering non warranty Excalibur machines, as such Lunatek consultancy Ltd cannot be held liable for any failure however caused.
UNITS / MACHINE / PARTS / END OF LIFE / BEYOND ECONOMICAL REPAIR
Sometimes as technology moves on , machine and parts will be superseded, parts availability may change and the cost of repair can on occasion mean older machines will not be viable for repair.
As an example a 10 year old Excalibur metal detector with a failed coil, cable, housing. seals and flood damage to the board may be irretrievable damaged. Replacement with new components such as an update main board is not an economic option and as such if no refurbished parts are available to offer to the customer the machine will be considered at the end of its life.
- In the rare instance a machine is sent for Diagnosis of fault and prior to estimate it is deemed and found to be beyond economic repair, refurbished parts are not available and new parts are not viable we will advise you that the machine is not of economic repair and will not issue an estimate for repair. In this instance the machine can be returned to you however our services are not free and the diagnostics fee of 1 hours labour at the presiding rate will be charged , the costs are is clearly detailed within our website FAQ section , postage and packaging will also apply, however as an environmental recycling service if the unit is authorised for disposal no further charges will be due and the costs of diagnosis will be waived. Please note if recycling is requested your machine, parts or components the title of ownership are surrendered to Lunatek Consultancy Ltd.
CUSTOMER GOODS / PARTS / MACHINES INWARD FOR SERVICE AND REPAIR
Procedure Audit and Records
Upon receipt the parcel will be checked, damaged parcels or opened parcels will be rejected.
The parcel is then opened by Lunatek.
A time stamped images is taken of the contents and uploaded to your account.
The serial numbers if present are recorded.
A unique barcode ticket is created from our system for each item.
Any discrepancies should be notified to your courier or postal service, please update us if the goods you sent are not present within 24 hours of our receipt of this email!
Please note after 24 hours we will conclude the items we hold are a complete and accurate representation of the goods / parts or products you have sent to us with the following exceptions.
Lunatek will provide regular ticket updates by email and if registered SMS in respect to diagnosis service and repair progress, updated estimates may be provided varying non warranty repair estimate pricing.
Subject to any updates or diagnostic information from Lunatek stating the contrary or updating you by email or SMS varying this information due to disassembly or diagnostic showing component variation or substitution or the presence of counterfeit goods the initial intake records form an accurate record of the items we have received for repair and service are accepted by you as an accurate representation of the items as recorded within our systems we have for repair and service.
Warranty repair diagnostics subject to there limited repair warranty conditions are covered by Minelab.
Please note non warranty repair diagnostics are only free when repair is authorised, if you elect not to proceed with the estimate the diagnostic fee and return postage become payable.
Main PCB ( Out of warranty)
Out of warranty PCB, all models, the subsequent failure of PCB main boards, due to water ingress, failure of casing and components or main board failure after repair and remedial work and testing is completed, an item which has clearly not been repaired or replaced as a whole PCB or a component e.g switches resistors, cabling, pots will require subsequent service and repair, this is not covered under your original repair and as such Lunatek consultancy Ltd cannot be held liable for any failure however caused. ( The items have not been serviced and repaired by Lunatek)
Additional notes Excalibur machines.
All repairs are carried out to manufacturer specifications your machine will be air pressure tested to 3 Bar, this is primarily used to identify if any casing issues exist, it is worth note that diving and pressure can highlight additional remedial work requiring further repair, this is especially likely if the unit is out of warranty and has been used in saltwater environments, cables may have degraded and this is not always visible to the naked eye or during land based air pressure and water tank testing.
We will undertake refitting of exciting coils and headphones but cannot in the respect to out of warranty products provide a guarantee of continued function in respect to underlying issues, such as cable issues or the failure of resin based bonding caused by water pressure and extreme sporting use or second hand and adapted / refitted products, this includes cable splices and resin seals, Lunatek consultancy Ltd cannot be held liable for any failure however caused.
We endeavour to keep any returns to minimum and will endeavour to mitigate this requirement however please note that the cost of any return or additional work required must be covered by the customer.