Information for Buyers
This page, together with the documents expressly referred to on it tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.
In addition to these Terms, the ebay.co.uk User Agreement
shall apply to your use of our site and any transactions between us. This includes the Rules for Buyers
applicable to you and the Rules for Sellers
applicable to us.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the eBay User Agreement and the other documents expressly referred to in them.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on the date set out below.
These Terms, and any Contract between us, are only in the English language.
1. Information about Us
1.1 We are LIMAL (UK) Ltd, a company registered in England and Wales under company number 8060811 and with our registered office at St George’s House, 215-219 Chester Road, Manchester, Lancashire, England M15 4JE. Our main trading address is St George’s House, 215-219 Chester Road, Manchester, Lancashire, England M15 4JE. Our VAT number is: GB 136 3648 07
1.2 To contact us, please send an email to firstname.lastname@example.org or call 0161 850 0647 – our normal operating times for contact are 8:00 am to 2:30 pm Monday to Friday (excluding public holidays). Please see clause 18 for further information on communications with us.
2. Our Products
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown on images on our site.
3. How we use your Personal Information
. Please take the time to read this, as it includes important terms which apply to you.
4. If You are a Consumer
This clause 4 only applies if you are a consumer.
4.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
4.2 We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms to be confirmed in writing.
4.3 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
5. If You are a Business Customer
This clause 5 only applies if you are a business.
5.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
5.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of the us which is not set out in these Terms, the Product description or any document expressly referred to in them.
6. How the Contract is Formed Between You and Us
6.1 Bidding for Products and subsequent purchases shall be in accordance with the eBay rules and procedures; please review the guide to buying goods on eBay at the ‘Buying basics’ page
and related materials for information on the bidding process.
6.2 You will be able to check and amend all bids before submission.
6.3 Please remember that bidding for an item is a legally binding offer to buy and may not be withdrawn other than in exceptional circumstances ([hyperlink as set out here http://pages.ebay.co.uk/help/buy/questions/retract-bid.html#reasons]).
6.4 If we are unable to supply you with a Product, for example because that Product is not in stock or is no longer available, because we cannot deliver to your chosen delivery address or because of an error in the price on our site as referred to in clause 12.5, we will inform you by email and open a case in the eBay resolution centre to cancel the transaction. If you have already paid for the Products, we will refund you the full amount as soon as possible.
7. Our Right to Vary These Terms
7.1 We may revise these Terms from time to time in the following circumstances:
7.1.1 changes in how we accept payment from you;
7.1.2 changes in relevant laws and regulatory requirements; and
7.1.3 changes in eBay policies and procedures.
7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
8. Returns Policy
8.1 If you are, for any reason, unhappy with your purchase, you may return the Product to us within 14 days of receipt for a full refund subject to your compliance with this clause 8. This clause is in addition to any other rights you may have, including those set out in clause 9 in the case of consumers.
8.2 Returned Products should be sent to the address set out on the delivery note.
8.3 We will only refund Products which:
8.3.1 are received by us within 14 days of receipt by you (we recommend using guaranteed delivery for returns);
8.3.2 are returned to us in perfect condition, with their original packaging and with the labels attached;
8.3.3 in the case of footwear, have not been worn outside; and
8.3.4 are not covered by the exclusions set out in clause 9.2.
8.4 We will refund you on the PayPal account used by you to pay.
9. Your Cancellation Rights if you are a Consumer
This clause 9 only applies if you are a consumer and is in addition to clause 8.
9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.
9.2 However, this cancellation right does not apply in the case of:
9.2.1 any made-to-measure or custom-made products;
9.2.2 software, DVDs or CDs which have a security seal which you have opened or unsealed; or
9.2.3 underwear which has had protective packaging removed.
9.3 Your legal right to cancel a Contract starts from the date of our email to you confirming your winning bid/buy it now order (Order Confirmation), which is when the Contract between us is formed. This right will continue until a period of 8 (eight) working days has elapsed since the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
9.4 To cancel a Contract, you must contact us in writing by sending an e-mail to email@example.com. You may wish to keep a copy of your cancellation notification for your own records.
9.5 You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 9.4 (subject to compliance with clause 9.6).
9.6 If the Products were delivered to you:
9.6.1 you must return the Products to us as soon as reasonably practicable;
9.6.2 unless the Products are faulty or not as described (in this case, see clause 9.7), you will be responsible for the cost of returning the Products to us; and
9.6.3 you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
9.7 If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
9.8 We refund you on the PayPal account used by you to pay.
9.9 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Order Confirmation.
9.10 As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
10.1 We aim to fulfil your order by the estimated delivery date set out in the Order Confirmation, unless there is an Event Outside Our Control (see clause 17 for further details). If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
10.2 Delivery will be completed when our designated carrier delivers the Products to the address you gave us. If no delivery address was specified, this will be the billing address.
10.3 In the case of signed for deliveries, if no one is available at your address to take delivery, our designated carrier will leave you a note that the Products have been returned to its premises, in which case, please contact them to rearrange delivery.
10.4 If you are a consumer, the Products will be your responsibility from the completion of delivery.
10.5 If you are a business, the risk of loss of or accidental damage to the Products shall pass to you once we have delivered the Products to our designated carrier.
10.6 You own the Products once they have been delivered and we have received payment in full, including all applicable delivery charges.
11. International Delivery
11.1 If you order Products from our site for delivery to a country outside the United Kingdom, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
11.2 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
11.3 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
12. Price of Products and Delivery Charges
12.1 The prices of ‘buy it now’ Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the ‘buy it now’ price of a Product you ordered, please see clause 12.5 for what happens in this event.
12.2 The price of other Products will be determined in accordance with the eBay auction rules.
12.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being and any fees payable to eBay.
12.4 The price of a Product includes packaging and delivery charges unless otherwise stated. If delivery charges are to be added, we will detail these with the relevant Product details.
12.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the ‘buy it now’ Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will open a case in the eBay resolution centre and inform you of this error; we will give you the option of continuing to purchase the Product at the correct price or cancelling the transaction. If we do now hear from you within 7 (seven) days we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
13. How to Pay
13.1 You can pay for Products using a PayPal account.
13.2 Payment for the Products and all applicable delivery charges is in advance.
14. Manufacturer Guarantees
14.1 Some of the Products we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Products.
14.2 If you are a consumer, a manufacturer’s guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
15. Our Liability if You are a Business
This clause 15 only applies if you are a business customer.
15.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.
15.2 Nothing in these Terms limit or exclude our liability for:
15.2.1 death or personal injury caused by our negligence;
15.2.2 fraud or fraudulent misrepresentation;
15.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
15.2.4 defective products under the Consumer Protection Act 1987.
15.3 Subject to clause 15.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
15.3.1 any loss of profits, sales, business, or revenue;
15.3.2 loss of business opportunity;
15.3.3 loss of anticipated savings;
15.3.4 loss of goodwill; or
15.3.5 any indirect or consequential loss.
15.4 Subject to clause 15.2 and clause 15.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
15.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
16. Our Liability if You are a Consumer
This clause 16 only applies if you are a consumer.
16.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
16.2 We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16.3 We do not in any way exclude or limit our liability for:
16.3.1 death or personal injury caused by our negligence;
16.3.2 fraud or fraudulent misrepresentation;
16.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
16.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
16.3.5 defective products under the Consumer Protection Act 1987.
17. Events Outside Our Control
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.
17.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
17.3.1 we will contact you as soon as reasonably possible to notify you; and
17.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
18. Communications Between Us
18.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
18.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to LIMAL (UK) Ltd at St George’s House, 215-219 Chester Road, Manchester, Lancashire, England M15 4JE or firstname.lastname@example.org. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are a consumer and exercising your right to cancel under clause 9, please see that clause 9 for how to tell us this.
18.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
18.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail 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 e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
19. Other Important Terms
19.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
19.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing (we will not unreasonably withhold our agreement).
19.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
19.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
19.6 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have jurisdiction on a non-exclusive basis if you are a consumer and on an exclusive basis if you are a business.
19.7 We will not file a copy of the Contract between us but will keep records of all Product purchases for a reasonable period. We recommend that you retain a copy of all emails for your records.