Website usage terms and conditions (Issued October 2012)
No part of these terms and conditions affect your statutory rights as a consumer.
The term ‘Leanwise’, ‘Cotton & Olive’ or ‘us’ or ‘we’ refers to the owner of the website Leanwise Limited whose registered office is Pinehurst Elgin Road, Weybridge, Surrey, KT13 8SW. Our company registration number is 07763193 and our VAT registration number is 133 8383 10. The term ‘you’ refers to the user or viewer of our website.
The material contained in this website is not aimed at or meant to be viewed for ordering by persons other than those in the United Kingdom. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
We do not warrant the suitability of products for particular purpose and you should check specifications and suitability before ordering. You can always inquire for our non-legally binding advise by calling our Customer Services on 01932 506 444 (open 9.00am to 6.00pm, Monday to Friday) or email email@example.com .
To be eligible to purchase goods on this Website and to lawfully enter into and form contracts on this Website under English law you must:
a) You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use,
b) be the holder of a valid debit/credit card.
You will also be asked to register to use the Website.
You warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects. If your personal information changes then please notify us immediately by contacting our Customer Services on 01932 506 444 (open 9.00am to 6.00pm, Monday to Friday) or email firstname.lastname@example.org . Alternatively, if you are a registered customer you can update your details through the “my account” page.
This contract shall be concluded in English.
Your order, your account and order fulfilment
You place your order request for goods from the Website by clicking on the confirm order button at the end of the on-line order process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
Once you have placed your order, we will send to you an “Order Received” acknowledgement by e-mail providing you with an order number, a list of items ordered and their individual values, the delivery option selected and its cost, and the total value of your order. payment reference and the value of your order. This is not an order confirmation nor order acceptance from Leanwise.
Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the Return, Exchange & Cancellation section of the website, our acceptance of your order and the completion of the contract between you and us will take place when we have dispatched the goods ordered by you. To cancel your order after it has been dispatched to you, you will need to follow the Return, Exchange & Cancellation Policy & Procedure.
If you require a VAT invoice, please contact us on 01932 506 444 or email email@example.com .
If you do require any information regarding your order(s) please contact Customer Services on the following number (open 9.00am to 6.00pm, Monday – Friday) on 01932 506 444 or email firstname.lastname@example.org .
We may not accept your order if an item you have ordered is out of stock, we are unable to obtain authorisation for your payment or if we identify a product or pricing error. We reserve the right to reject any offer to purchase by you at any time.
If we are unable to fulfil your order following our order acknowledgement, we will contact you by email or telephone advising you of this. See Returns & Cancellations procedure.
Your account can be cancelled at any time by contacting Customer Services on the following number (open 9.00am to 6.00pm, Monday to Friday) 01932 506 444 or email email@example.com.
We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including product descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a product until your order is accepted in accordance with our order acceptance policy. (See above.)
All prices indicated for products available via the Website are inclusive of VAT (where applicable) at the current rates and are exclusive of delivery charges. The total cost of your order is the price of the products ordered plus VAT and delivery charges as set out in the Delivery section of the Website. Payment can be made by any of the methods specified in the Payment section of this Website and payment will be debited and cleared from your account as set out in the Payment section of this Website.
You confirm that the credit or debit card that is being used is yours.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to, or subsequently refuses to, or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
We will retain the legal ownership of the goods until full payment has been made by you and such payment has been received by us. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.
Risk in the goods will pass to you on delivery to you.
We will deliver the goods in accordance with the delivery option selected by you during the order process.
Any delivery timescales quoted to you are indicative only. Orders may be delivered in one or more deliveries.
Leanwise does not accept any liability whatsoever for delayed delivery caused by any third party. As soon as you have received the goods, you will assume all risk in the goods. Upon delivery of the goods to you, we will also provide you with sufficient details to enable you to:
a) exercise your rejection of faulty or damaged goods; and
b) address any intended cancellation or complaints to the correct place of business.
Upon receipt of the goods you must inspect the goods and you will be deemed to have accepted the goods unless you notify us that you have cancelled the order and/or you return the goods in accordance with the Return, Exchange & Cancellation Procedure. If no such action is taken, we shall not be obliged to accept any rejection of the goods at a later date.
Your statutory rights are not affected.
If you have not received the entire order as detailed in the “Order Received” acknowledgement email sent to you when an order is received, please contact our Customer Services on 01932 506 444 (open 9.00am – 6.00pm, Monday to Friday) or email firstname.lastname@example.org .
Please note that you may cancel this contract if you give us notice by telephone or by email at any time before the expiry of a period of 14 weekdays beginning with the day after the day of delivery of the order to your address. Please see our Return, Exchange and Cancellation Procedure.
If you wish to complain about any matter in respect of the goods please contact Customer Services on the following number 01932 506 444 (open 9.00am – 6.00pm, Monday to Friday) or email email@example.com .
We attempt to be as accurate as possible when describing products on the Website; however, to the extent permitted by applicable law, we do not warrant that product descriptions, colours or other content available on the Website are accurate, complete, reliable, current, or error-free.
Any products and services, and any samples thereof, we may provide to you are for personal use only. You may not sell or re-sell any of the products or services, and any samples that you receive from us.
Web content and usage
All content available on the Website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (the “Content”) is the property of Leanwise Limited, our affiliates, our partners or our licensors, and is protected by UK and international copyright laws.
The trade marks, logos, and service marks displayed on the Website (collectively, the “Trade Marks”) are the registered and unregistered marks of Leanwise Limited, our affiliates, our licensors or our partners, in the UK, United States and other countries, and are protected by UK and international trade mark laws. All other Trade Marks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Except as set forth in the limited licence below, or as required under applicable law, neither the Content, the Trade Marks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
We grant you a limited, revocable, and non-exclusive licence to access and make personal use of the Website. Please note that you may not frame or utilise framing techniques to enclose the Website or any portion thereof without our prior written consent.
The limited licence set forth in this section does not include the right to:
1. modify or download the Website or its contents (except caching or as necessary to view content);
2. make any use of the Website or its Content other than personal use;
3. create any derivative work based upon either the Website or its Content;
4. collect account information for the benefit of another party;
5. use any meta tags or any other “hidden text” utilising our name or the Trade Marks without our express written consent; or
6. use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to our Website may:
a) link to, but not replicate, our Content;
b) not imply that we are endorsing such website or its services or products;
c) not misrepresent its relationship with us;
d) not contain content that could be construed as distasteful, obscene, offensive or racist, and may contain only content appropriate for all ages;
e) not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions;
f) not use any trade mark without express written permission; and
g) not link to any page of the Website other than the home page. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link.
Any unauthorised use by you of the Website terminates the limited licence set forth in the above section without prejudice to any other remedy provided by applicable law.
We are not responsible for the content of any off-Website pages or any other websites linked to or from the website. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offering of, off-Website ages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Website pages and other websites that you visit.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from your claims to any rights in any Submission.
The Website is presented “as is”. We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms or the Website, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any
a) interruption of business;
b) access delays or access interruptions to the Website;
c) data non-delivery, mis-delivery, corruption, destruction or other modification;
d) loss or damages of any sort incurred as a result of dealings with or the presence of off-Website links on the Website;
e) computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlinks to or from third party websites;
f) any inaccuracies, missions or misleading, false or deceptive statement in the content; or
g) events beyond our reasonable control.
Further, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profit) related to the Website regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed one hundred pounds (£100.00).
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable legal fees, resulting from any third party claim, action, or demand resulting from your use of the Website. You also agree to indemnify us for any loss, damages, or costs, including reasonable legal fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
To the fullest extent permitted by applicable law, any dispute relating in any way to your visit to the Website and any purchase by you of any goods from Leanwise shall be submitted to confidential arbitration in London, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in the English Courts, and your consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the International Chamber of Commerce. The arbitrator’s award shall be binding and may be entered as a judgement in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the Website shall be submitted to an appropriate court or other judicial body in London, and all applicable provisions of this shall apply.
If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable in whole or in part, then these Terms and Conditions shall continue to be valid as to the other provisions and the remainder of the affected provision. Any waiver of any of the provisions of these Terms and Conditions by Leanwise shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other provisions of these Terms and Conditions.
No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and Conditions and no course of dealing between the parties shall be construed as waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies provided by these Terms and Conditions are cumulative and are not exclusive of any rights or remedies provided by law. Time shall not be of the essence of these Terms and Conditions as regards any of the times, dates and/or periods mentioned herein.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other for of joint enterprise between us.
We reserve the right to change these Terms and Conditions at any time and we encourage you to revisit these Terms and Conditions periodically to ensure that you are at all times fully aware of our Terms and Conditions. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such Terms and Conditions.
We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
We reserve the right to refuse to supply goods to any person for any reason whatsoever, to withdraw any goods from the Website at any time and/or remove or edit any materials or content on the Website. We will not be liable to you or any third party by reason of our withdrawing of any goods from this Website whether or not such goods have been sold; removing or editing content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
If you have any questions regarding these Terms and Conditions, please contact us by email at firstname.lastname@example.org .
Your use of this Website and any purchase by you of any goods from Leanwise shall be governed by English law and the parties hereto submit to the exclusive jurisdiction of the English courts.