Full Terms & Conditions
LX Avionics Ltd
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable
agreement without further reference to you, you must read these terms and
conditions to make sure that they contain all that you want and nothing that
you are not happy with. If you are not sure about anything, just phone us on
01280 700020.
Application
1. These
Terms and Conditions will apply to the purchase of the goods by you (the Customer
or you). We are LX Avionics Ltd a company registered in England and
Wales under number 4417407 whose registered office is at 30 St Giles, Oxford,
Oxfordshire, OX1 3LE and whose trading address is Building 10, Turweston
Aerodrome, Brackley, Northants, NN13 5YD with email address
info@lxavionics.co.uk; telephone number 01280 700020; (the Supplier or us
or we).
2. These
are the terms on which we sell all Goods to you. By ordering any of the Goods,
you agree to be bound by these Terms and Conditions. By ordering any of the
Services, you agree to be bound by these Terms and Conditions. You can only
purchase the Goods from the Website if you are eligible to enter into a
contract and are at least 18 years old.
Interpretation
3. Consumer
means an individual acting for purposes which are wholly or mainly outside his
or her trade, business, craft or profession;
4. Contract
means the legally-binding agreement between you and us for the supply of the
Goods;
5. Delivery
Location means the Supplier's premises or other location where the Goods
are to be supplied, as set out in the Order;
6. Durable
Medium means paper or email, or any other medium that allows information to
be addressed personally to the recipient, enables the recipient to store the
information in a way accessible for future reference for a period that is long
enough for the purposes of the information, and allows the unchanged reproduction
of the information stored;
7. Goods
means the goods advertised on the Website that we supply to you of the number
and description as set out in the Order;
8. Order
means the Customer's order for the Goods from the Supplier as submitted
following the step by step process set out on the Website;
9. Privacy
Policy means the terms which set out how we will deal with confidential and
personal information received from you via the Website;
10. Website
means our website www.lxavionics.co.uk on which the Goods are advertised.
Goods
11. The
description of the Goods is as set out in the Website, catalogues, brochures or
other form of advertisement. Any description is for illustrative purposes only
and there may be small discrepancies in the size and colour of the Goods supplied.
12. In
the case of any Goods made to your special requirements, it is your
responsibility to ensure that any information or specification you provide is
accurate.
13. All
Goods which appear on the Website are subject to availability.
14. We
can make changes to the Goods which are necessary to comply with any applicable
law or safety requirement. We will notify you of these changes.
Personal information and Registration
15. When
registering to use the Website you must set up a username and password. You
remain responsible for all actions taken under the chosen username and password
and undertake not to disclose your username and password to anyone else and
keep them secret.
16. We
retain and use all information strictly under the Privacy Policy.
17. We
may contact you by using e-mail or other electronic communication methods and
by pre-paid post and you expressly agree to this.
Basis of Sale
18. The
description of the Goods in our website does not constitute a contractual offer
to sell the Goods. When an Order has been submitted on the Website, we can
reject it for any reason, although we will try to tell you the reason without
delay.
19. The
Order process is set out on the Website. Each step allows you to check and
amend any errors before submitting the Order. It is your responsibility to
check that you have used the ordering process correctly.
20. A
Contract will be formed for the sale of Goods ordered only when you receive an
email from us confirming the Order (Order Confirmation). You must ensure
that the Order Confirmation is complete and accurate and inform us immediately
of any errors. We are not responsible for any inaccuracies in the Order placed
by you. By placing an Order you agree to us giving you confirmation of the
Contract by means of an email with all information in it (ie the Order
Confirmation). You will receive the Order Confirmation within a reasonable time
after making the Contract, but in any event not later than the delivery of any
Goods supplied under the Contract.
21. Any
quotation is valid for a maximum period of 30 days from its date, unless we
expressly withdraw it at an earlier time.
22. No
variation of the Contract, whether about description of the Goods, Fees or
otherwise, can be made after it has been entered into unless the variation is
agreed by the Customer and the Supplier in writing.
23. We
intend that these Terms and Conditions apply only to a Contract entered into by
you as a Consumer. If this is not the case, you must tell us, so that we can
provide you with a different contract with terms which are more appropriate for
you and which might, in some respects, be better for you, eg by giving you
rights as a business.
Price and Payment
24. The
price of the Goods and any additional delivery or other charges is that set out
on the Website at the date of the Order or such other price as we may agree in
writing.
25. Prices
and charges include VAT at the rate applicable at the time of the Order.
26. You
must pay by submitting your credit or debit card details with your Order and we
can take payment immediately or otherwise before delivery of the Goods.
Delivery
27. We
will deliver the Goods, to the Delivery Location by the time or within the
agreed period or, failing any agreement, without undue delay and, in any event,
not more than 30 days after the day on which the Contract is entered into.
28. In
any case, regardless of events beyond our control, if we do not deliver the
Goods on time, you can (in addition to any other remedies) treat the Contract
at an end if:
a. we have refused to
deliver the Goods, or if delivery on time is essential taking into account all
the relevant circumstances at the time the Contract was made, or you said to us
before the Contract was made that delivery on time was essential; or
b. after we have
failed to deliver on time, you have specified a later period which is
appropriate to the circumstances and we have not delivered within that period.
29. If
you treat the Contract at an end, we will (in addition to other remedies)
promptly return all payments made under the Contract.
30. If
you were entitled to treat the Contract at an end, but do not do so, you are
not prevented from cancelling the Order for any Goods or rejecting Goods that
have been delivered and, if you do this, we will (in addition to other
remedies) without delay return all payments made under the Contract for any
such cancelled or rejected Goods. If the Goods have been delivered, you must
return them to us or allow us to collect them from you and we will pay the
costs of this.
31. If
any Goods form a commercial unit (a unit is a commercial unit if division of
the unit would materially impair the value of the goods or the character of the
unit) you cannot cancel or reject the Order for some of those Goods without
also cancelling or rejecting the Order for the rest of them.
32. We
do not generally deliver to addresses outside England and Wales, Scotland,
Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept
an Order for delivery outside that area, you may need to pay import duties or
other taxes, as we will not pay them.
33. You
agree we may deliver the Goods in instalmnts if we suffer a shortage of stock
or other genuine and fair reason, subject to the above provisions and provided
you are not liable for extra charges.
34. If
you or your nominee fail, through no fault of ours, to take delivery of the
Goods at the Delivery Location, we may charge the reasonable costs of storing
and redelivering them.
35. The
Goods will become your responsibility from the completion of delivery or
Customer collection. You must, if reasonably practicable, examine the Goods
before accepting them.
Risk and Title
36. Risk
of damage to, or loss of, any Goods will pass to you when the Goods are
delivered to you.
37. You
do not own the Goods until we have received payment in full. If full payment is
overdue or a step occurs towards your bankruptcy, we can choose, by notice to
cancel any delivery and end any right to use the Goods still owned by you, in
which case you must return them or allow us to collect them.
Conformity and Guarantee
38. We
have a legal duty to supply the Goods in conformity with the Contract, and will
not have conformed if it does not meet the following obligation.
39. Upon
delivery, the Goods will:
a. be of satisfactory
quality;
b. be reasonably fit
for any particular purpose for which you buy the Goods which, before the
Contract is made, you made known to us (unless you do not actually rely, or it
is unreasonable for you to rely, on our skill and judgment) and be fit for any
purpose held out by us or set out in the Contract; and
c. conform to their
description.
40. It
is not a failure to conform if the failure has its origin in your materials.
41. We
will immediately, or within a reasonable time, give you the benefit of the free
guarantee given by the manufacturer of the Goods. Details of the guarantee,
including the name and address of the manufacturer, the duration and
territorial scope of the guarantee, are set out in the manufacturer's guarantee
provided with the Goods. This guarantee will take effect at the time the Goods
are delivered, and will not reduce your legal rights.
42. We
will provide the following after-sales service: The supplier will support the
customer in installing and activating their new equipment.
Successors and our sub-contractors
43. Either
party can transfer the benefit of this Contract to someone else, and will
remain liable to the other for its obligations under the Contract. The Supplier
will be liable for the acts of any sub-contractors who it chooses to help
perform its duties.
Circumstances beyond the control of either party
44. In
the event of any failure by a party because of something beyond its reasonable
control:
a. the party will
advise the other party as soon as reasonably practicable; and
b. the party's
obligations will be suspended so far as is reasonable, provided that that party
will act reasonably, and the party will not be liable for any failure which it
could not reasonably avoid, but this will not affect the Customer's above
rights relating to delivery and any right to cancel, below.
Excluding liability
45. The
Supplier does not exclude liability for: (i) any fraudulent act or omission; or
(ii) for death or personal injury caused by negligence or breach of the
Supplier's other legal obligations. Subject to this, the Supplier is not liable
for (i) loss which was not reasonably foreseeable to both parties at the time
when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's
business, trade, craft or profession which would not be suffered by a Consumer
- because the Supplier believes the Customer is not buying the Goods wholly or
mainly for its business, trade, craft or profession.
Governing law, jurisdiction and complaints
46. The
Contract (including any non-contractual matters) is governed by the law of
England and Wales.
47. Disputes
can be submitted to the jurisdiction of the courts of England and Wales or,
where the Customer lives in Scotland or Northern Ireland, in the courts of
respectively Scotland or Northern Ireland.
48. We
try to avoid any dispute, so we deal with complaints in the following way: If a
dispute occurs customers should contact us to find a solution. We will aim to
respond with an appropriate solution within 5 days.
Returns, Withdrawal and cancellation
49. You
can withdraw the Order by telling us before the Contract is made, if you simply
wish to change your mind and without giving us a reason, and without incurring
any liability.
50. This
is a distance contract (as defined below) which has the cancellation
rights (Cancellation Rights) set out below. These Cancellation Rights,
however, do not apply, to a contract for the following goods (with no others)
in the following circumstances:
a. goods that are made
to your specifications or are clearly personalised;
b. goods which are
liable to deteriorate or expire rapidly.
51. Also,
the Cancellation Rights for a Contract cease to be available in the following
circumstances:
a. in the case of any
sales contract, if the goods become mixed inseparably (according to their
nature) with other items after delivery.
Right to cancel
52. Subject
as stated in these Terms and Conditions, you can cancel this contract within 14
days without giving any reason.
53. The
cancellation period will expire after 14 days from the day on which you
acquire, or a third party, other than the carrier indicated by you, acquires
physical possession of the last of the Goods. In a contract for the supply of
goods over time (ie subscriptions), the right to cancel will be 14 days after
the first delivery.
54. To
exercise the right to cancel, you must inform us of your decision to cancel
this Contract by a clear statement setting out your decision (eg a letter sent
by post, fax or email). You can use the attached model cancellation form, but
it is not obligatory. In any event, you must be able to show clear evidence of
when the cancellation was made, so you may decide to use the model cancellation
form.
55. You
can also electronically fill in and submit the model cancellation form or any
other clear statement of the Customer's decision to cancel the Contract on our
website www.lxavionics.co.uk. If you use this option, we will communicate to
you an acknowledgement of receipt of such a cancellation in a Durable Medium
(eg by email) without delay.
56. To
meet the cancellation deadline, it is sufficient for you to send your
communication concerning your exercise of the right to cancel before the
cancellation period has expired.
Effects of cancellation in the cancellation period
57. Except
as set out below, if you cancel this Contract, we will reimburse to you all
payments received from you, including the costs of delivery (except for the
supplementary costs arising if you chose a type of delivery other than the
least expensive type of standard delivery offered by us).
Deduction for Goods supplied
58. We
may make a deduction from the reimbursement for loss in value of any Goods
supplied, if the loss is the result of unnecessary handling by you (ie handling
the Goods beyond what is necessary to establish the nature, characteristics and
functioning of the Goods: eg it goes beyond the sort of handling that might be
reasonably allowed in a shop). This is because you are liable for that loss
and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
59. If
we have not offered to collect the Goods, we will make the reimbursement
without undue delay, and not later than:
a. 14 days after the
day we receive back from you any Goods supplied, or
b. (if earlier) 14
days after the day you provide evidence that you have sent back the Goods.
60. If
we have offered to collect the Goods or if no Goods were supplied, we will make
the reimbursement without undue delay, and not later than 14 days after the day
on which we are informed about your decision to cancel this Contract.
61. We
will make the reimbursement using the same means of payment as you used for the
initial transaction, unless you have expressly agreed otherwise; in any event,
you will not incur any fees as a result of the reimbursement.
Returning Goods
62. If
you have received Goods in connection with the Contract which you have
cancelled, you must send back the Goods or hand them over to us at Building 10,
Turweston Aerodrome, Brackley, Northants, NN13 5YD without delay and in any
event not later than 14 days from the day on which you communicate to us your
cancellation of this Contract. The deadline is met if you send back the Goods
before the period of 14 days has expired. You agree that you will have to bear
the cost of returning the Goods.
63. For
the purposes of these Cancellation Rights, these words have the following
meanings:
a. distance
contract means a contract concluded between a trader and a consumer under
an organised distance sales or service-provision scheme without the
simultaneous physical presence of the trader and the consumer, with the
exclusive use of one or more means of distance communication up to and
including the time at which the contract is concluded;
b. sales contract
means a contract under which a trader transfers or agrees to transfer the
ownership of goods to a consumer and the consumer pays or agrees to pay the
price, including any contract that has both goods and services as its object.
