Michael Linnell & Co Limited Conditions of Use

Conditions of Use
This page contains the Conditions of Use of this website as well as a link to our general Terms and Conditions of Sale. Please click here to view our Privacy Policy.

Conditions of use

Introduction

Please read these Condition of Use carefully before using the website. Which is owned and operated bt Michael Linnell & Co Ltd, incorporating Linnell's Mailroom Supplies.

We draw your attention to the clauses headed "Applicability of Online Materials" and "Liability".

By using or accessing our website, you agree to be legally bound by these Conditions of Use as they apply to your use of or access to our website whether you register with us.

If you do not wish to be bound by these Conditions of Use, then you may not use our website.

We may alter these Conditions of Use from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the Conditions of Use on our website regularly.

Nature of our website
Our website is a place for you to select and order the products/services offered by Michael Linnell & Co Ltd (the 'Products'). Our website describes the Products in more detail.

These Conditions of Use are intended only for business customers. If you are a consumer or sole trader purchasing as such, as opposed to a business customer, please contact us at sales@michaellinnell.co.uk or telephone us on +44 (0)20 8594 5898.

Registration
When you register or place an order on the website, you will be asked for certain information about yourself and your business/company, such as name and address. The information you give us should be correct and complete, and you must inform us immediately if any of the information changes. You can update your information in the "My Account" section of the website.

Buying products on our website
To order a product you will need to follow the ordering procedures set out on our order page.

All orders are accepted by us strictly on the basis that our Terms and Conditions of Sale apply to any order accepted or sale made by us to the exclusion of any other terms and conditions. We regret that we cannot accept any orders other than on this basis.

If for any reason you are unable to view our Terms and Conditions of Sale using this link please contact us on sales@michaellinnell.co.uk or telephone us on +44 (0)20 8594 5898. In the event of any inconsistencies between these Conditions of Use and the Terms and Conditions of Sale, the latter will prevail.

Details of the prices of the Products, and the procedures for payment and delivery are displayed on our website.

The price of any Product is the price in force at the date and time of your order. We may change the price of any Product before you place an order. We try to ensure that our prices displayed on our website are accurate but the price on your order will need to be validated by us as part of the acceptance procedure (see the paragraph below). We will inform you if a Product's correct price is higher than that stated in your order and you may cancel the order and decide whether to order the Product at the correct price.

Orders that are placed on this website are subject to acceptance by us. We will check matters such as stock availability, your account details and credit card details, if appropriate. We reserve the right to cancel or to refuse any order placed by you. If we are unable to accept your order, we will notify you using the details you provided on registration.

We reserve the right to alter the design, specification or price of any Product featured on the website without prior notice. We will endeavour to update the website as soon as possible after any such change is made. However, there may be circumstances where you place an order before we are able to make the change.

If the Product you ordered is unavailable, we may provide to you a substitute of an equivalent quality and price ('Substitute Product'). You undertake that all details you provide to us for purchasing goods or services which may be offered by us on our website will be correct, that the credit or debit card, or cheque, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any Products or services. We reserve the right to obtain validation of your credit or debit card details or to verify the authenticity of any cheque or BACS transfer, before providing you with any Products or services.

Shipping and returns
Carriage charges apply to all deliveries. Product prices and carriage charges do not include installation.

We shall accept the return of standard, unprinted Products within 14 days, by agreement. All bespoke products are non-returnable. Products shall be returned at your expense and a handling charge of 20% will be applied to all Products returned. Returned products must be in perfect working condition to be credited.

If:
(a) the Product delivered is not what you ordered (including any Substitute Products); or
(b) the Product delivered is not of a satisfactory quality;

we will, at our option, deliver to you a replacement Product or refund to you the price paid and your reasonable costs of returning the Products.

If you have any complaints, you should direct them to us via email at sales@michaellinnell.co.uk or by post at Unit 5 Londbarn Link, Springfield Business Park, Chelmsford, Essex, CM2 5AR.

Risk and title
Risk in the Products passes to you on delivery in accordance with our Terms and Conditions of Sale. Title in Products passes to you on payment in full by you to us of the price of the Products ordered.

Modifications to website
We reserve the right to alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated any new features including new content and/or the sale of new Products shall be subject to these Conditions of Use.

Information you provide
The following applies to any information you provide to us, for example during any registration or ordering process:
(a) You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our website by us or our sub-contractors. If you obtain or choose to buy Products through our website then we may collect information about your buying behaviour and if you send us personal correspondence such as e-mails or letters then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in our privacy policy shall be known as 'the Purposes'). All such information collected by us shall be referred to in these terms and conditions as 'Personal Information'.

(b) You must ensure that the Personal Information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details. For more information about how we deal with your Personal Information, please read our privacy policy.

By accepting these Conditions of Use, you agree to the processing and disclosure of the Personal Information for the Purposes. You also agree that the Purposes may be amended to include other uses or disclosures of Personal Information following notification to you by means of a notice on our website, which you should check regularly. If you would like to review or modify any part of your Personal Information you can do so in the 'My Account' section of the website.

In addition, the following also applies to all messages, e-mails, bulletin boards postings, ideas, suggestions, concepts or other material submitted by you to us ('Content'):
(a) you must own or have the right to submit Content for publication on our website;

(b) you must ensure that all Content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libellous or defamatory of any person or be otherwise unlawful; and

(c) we have the right to monitor Content and may edit, reject or remove Content if we believe it does not comply with the above and we reserve the right to block incoming e-mails and other Content if we believe that their content is or may be inappropriate or otherwise does not comply with the above.

You grant us a non-exclusive, irrevocable, royalty free, worldwide license to publish all Content that you submit to us except any portion of the Content that is Personal Information. You have sole responsibility for the Content which you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all losses and liabilities (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by you to us.

Security
You are solely responsible for all use of and for protecting the security and confidentiality of any username and password that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention. Any orders placed or other activities that take place under your account are your responsibility.

Applicability of online materials
Unless otherwise specified the materials published on our website are presented solely for your private, personal and non-commercial use. Our website is controlled and operated by us. Where content published on the website is supplied by third parties, you understand that we do not control or endorse their contents in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the fullest extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or off-line) and the use of such content, except for content which relates directly to Products you purchase. You assume total responsibility and risk for your use of our website and use of all information contained within it.

We have used our best endeavours to ensure that our website complies with English law. However, we make no representations that the materials on our website are appropriate or available for use in locations outside of England and Wales.

We make no warranties, express or implied that making the Products available in any particular jurisdiction outside of England and Wales is permitted under any applicable non-English laws or regulations. Accordingly, if making the Products or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you. You accept that if you are resident outside of England and Wales, you must satisfy yourself that you are lawfully able to purchase the Products. To the extent permitted by law, we accept no liability for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside of England and Wales or who are nominees of or trustees for citizens, residents or nationals of other countries.

Copyright and monitoring
The contents of our website are protected by proprietary and intellectual property rights including (but not limited to) international copyright laws. The owner of these rights is Michael Linnell & Co Ltd or its (or their) other third-party licensors. All product and company names and logos mentioned in our website are the trademarks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of placing an order with us. Otherwise, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited by us to do so.

Linked sites
We make no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website, you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other site does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its website administrator or web master.

Availability of our website
We will endeavour to make our website available 24 hours a day but cannot guarantee that our website will operate continuously or without interruptions or be error free and we can accept no liability for its unavailability including, but not limited to, times where operation is suspended for maintenance purpose, although we will endeavour to keep these to a minimum. You must not attempt to interfere with the proper working of our website and you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other internet connected device.

Liability
Our sole liability in respect of any defect in, or failure of, any Product(s) and/ or services supplied or for any shortage in quantity of Product(s) delivered or for any loss injury damage attributable directly or indirectly thereto (other than in respect of death or personal injury caused by our negligence) is limited to, at our option: -
(a) making good such Product(s) by replacement or repairing the Services; or
(b) repairing defects or failures which under proper use appear therein.

In addition, we must be reasonably satisfied that such defects or failure arose solely from the faulty design of the Product(s), defective materials used or workmanship. No liability shall attach to us unless we are notified promptly in writing of the alleged defect, failure or shortage and if we shall so require the defective Product(s) or part thereof are promptly returned to us carriage paid.

We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Products, our website or any information or service provided through our website. We will do our best to ensure that all materials and information published on our website are accurate, but please note that all materials and information on our website are provided on an 'as is' basis.

In relation to the purchase of Products, we accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect), however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents other than as a direct result of purchasing Products, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on our part or that of our servants, agents or any other person. This exclusion does not apply to any liability we may have for death or personal injury resulting from our negligence.

If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Product concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence.

You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses, worms and/or other code that is harmful or which has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your requirements for the accuracy of data input and output.

The limitations and exclusions in this clause only apply to the extent permitted by applicable law.

General
We may assign, novate or subcontract any or all our rights and obligations under these Conditions of Use at any time. These Conditions of Use together with the Privacy Policy and Terms and Conditions of Sale, any order form and payment method instructions, if any, are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by us or any other person and you waive any rights to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in these Conditions of Use, privacy policy, order form and payment method instructions.

If any provision or term of these Conditions of Use shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such provision or term shall be divisible from the other provisions or terms of these Conditions of Use and shall be deemed to be deleted from them.

These Conditions of Use and your use of our website are governed by English law and you submit to the exclusive jurisdiction of the English courts.

Neither you nor we will be held liable for any failure to perform any obligation to the other due to causes beyond your or our respective reasonable control.

Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.

Notices
All notices shall be given:
(a) to us via email at sales@michaellinnell.co.uk ; or by post to Michael Linnell & Co Ltd Unit 5 Lonebarn Link, Springfield Business Park, Chelmsford , Essex CM2 5AR

(b) to you at either the e-mail or postal address you provide during any ordering or registration process.

Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.

Replacement
Other than our Terms and Conditions of Sale, these Conditions of Use replace all other terms and conditions previously applicable to the use of our website and/or sale of the Products.

Terms and conditions of sale Please click here to view our general Terms and Conditions of Sale.