Terms of contract
1. INFORMATION ABOUT
1.1 - We are Lenak studio Limited (trading as "Lenak studio") a company registered in England and Wales. Our company registration number 08688172 and our registered office is at Sterling House, Fulbourne Road E17 4EE, Walthamstow, London UK. You can contact us by post at the above address, or by email at firstname.lastname@example.org www.lenakstudio.com is a site operated by Lenak studio Limited.
2. YOUR STATUS
2.1 - By placing an order through our site, you agree that: You are legally capable of entering into a binding contract and that you are at least 18 years old.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 - After placing an order, you will receive an e-mail from us confirming that your order has been accepted (Order Confirmation). The contract between us (Contract) will only be formed when we send you this Order Confirmation.
3.2 - The Contract will relate only to those Products whose order we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the order of such Products has been confirmed in a separate Order Confirmation.
4. CONSUMER RIGHTS
4.1 - This section applies only to individual consumers who order from us. It does not apply to businesses or trade/commercial customers or those individuals who purchase a Product for business or commercial use.
4.2 - If you are contracting as a consumer, you may cancel a Contract at any time within 14 days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our Refunds and Returns Policy (set out in clause 9. below).
4.3 - To cancel a Contract, you must inform us in writing or by email or by telephone. In addition, the Products must be in the same condition in which you received them which means, for the avoidance of doubt and without limitation, that they must be in perfect resaleable condition and undamaged in any way. You have a legal obligation to take reasonable care of the Products while they are in your possession.
5.1 - All descriptions of the Products on our site are correct at the time of publication on our site. We have a policy of continuous product development and reserve the right to amend the specification of Products without prior notice in relation to future sales.
5.2 - The measurements of the Products are as accurate as possible.
5.3 - It is your responsibility to check that all the details on the order form are correct, including the exact specifications of the Products and delivery details.
5.4 - Our Products are intended for domestic use. If you want your products to be used for commercial purposes, just let us know at the point of order. We can make the product suitable for commercial purposes (where possible) but there will be a small additional charge to do this. By agreeing to these terms and conditions, you agree that we are in no way responsible for any non-domestic or commercial use of our Products and that you have no rights to cancel this purchase if you are purchasing the Product in a business capacity.
5.5 - Stock availability and delivery dates provided on the website and subsequently communicated in any form are our best estimates and cannot be guaranteed.
6.1 - Delivery charges will vary depending on the size of the Product, but will be indicated when you place your order. We reserve the right to require proof of identification from you when making a delivery to you.
7. RISK AND TITLE
7.1 - The Products will be at your risk from the time of delivery.
7.2 - Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges (if any).
8. PRICE AND PAYMENT
8.1 - The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
8.2 - These prices include VAT but exclude any delivery costs which will be added to the total amount due as set out in our delivery charges.
8.3 - Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
8.4 - Our site contains a large number of Products and it is always possible that, despite our best efforts, very occasionally, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.5 - We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
8.6 - Payment for all Products may be made by Stripe, bank transfer, credit or debit card.
8.7 - Products cannot be delivered until full payment has been received.
8.8 - The price is displayed in Euro (EUR) and so you will be paying using EUR.
(a) Where the Website displays a currency converter then this is only a guide/estimate because if your own payment method is not Euro (for example, in GBP or US$,) then your payment method provider may make a charge for paying in GBP and they will also calculate the rate of currency exchange.
(b) Currency exchange rates and charges are your responsibility so you may wish to check this with your own payment provider before placing your order.
9. OUR REFUNDS AND RETURNS POLICY
9.1 - When you return a Product to us:
(a) because you have cancelled the Contract between us within the 14 day cooling-off period (see clause 4.2 above), we will process the refund due to you as soon as possible and, in any case, within 14 days of the day on which we receive the Product back or the date on which you provide evidence of having sent the Product to us. In this case, we will refund the price of the Product in full provided that there is no evidence of use. Additional duties and/or taxes will not be refunded. When returning the items it is your responsibility to ensure that these arrive with us undamaged, and we do not accept any liability for goods lost in transit. Returns address is: Lenak studio, Idaliou 1, Rafina 19009, Greece. Carriage charges associated with the return of this product will be borne by the customer. Additional duties and/or taxes will not be refunded.
(b) for any other reason (for instance, because you have notified us in accordance with clause 19 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via telephone or e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products delivered by us to you and returned by you because of a defect will be refunded in full, not including delivery charges.
9.2 - We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9.3 - Where you have ordered a product that is made to order (custom made) , there will be a 40% restocking charge should you wish to return the item. The remaining 60% will be refunded.
10. OUR LIABILITY
10.1 - We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
10.2 - Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
10.3 - We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; or waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, provided that this clause 10.3 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 10.1 or clause 10.2 or any other claims for direct financial loss that are not excluded by any of categories inclusive of this clause 10.3.
11. IMPORT DUTY
11.1 - If you order Products from our site for delivery outside the EU, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
11.2 - Please also note that 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.
12. WRITTEN COMMUNICATIONS
12.1 - Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you 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. This condition does not affect your statutory rights. In the event of questions or complaints please email email@example.com below for details of the complaints process.
13.1 - All notices given by you to us, must be given to Lenak studio, Sterling House, Fulbourne Road E17 4EE, Walthamstow, London, UK or emailed to firstname.lastname@example.org We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice 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.
14.1 - The contract between you and us is binding on you and us and on our respective successors and assigns.
14.2 - You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 - 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.
15. EVENTS OUTSIDE OUR CONTROL
15.1 - 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 events outside our reasonable control (Force Majeure Event).
15.2 - A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs or other industrial action; 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; Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; Impossibility of the use of public or private telecommunications networks; The acts, decrees, legislation, regulations or restrictions of any government.
15.3 - Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16.1 - If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract 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 such obligations.
16.2 - A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 - 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 in accordance with clause 13 above.
17.1 - If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. ENTIRE AGREEMENT
18.2 - We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
18.3 - 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 terms and conditions.
19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
19.1 - We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
19.2 - You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
20. LAW AND JURISDICTION
20.1 - Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
21. COMPLAINTS PROCESS
21.1 - If you have any complaints about the products that we have provided, please contact email@example.com and we will do our very best to resolve it.
By entering the Website, you acknowledge and agree that the use of the Website is at your own risk and to the extent permissible by applicable law, in no circumstances, including (but not limited to) negligence, shall we be liable for any direct, indirect, incidental, special, consequential, or punitive damages, losses, costs or expenses nor for any loss of profit that results from the use of, or inability to use this Website or any material on any Website linked to this Website (including but not limited to any viruses or any other errors or defects or failures in computer transmissions or network communications) even if we have been advised of the possibility of such damage. In addition, no liability can be accepted by us in respect of any changes made to the content of this Website by unauthorised third parties. All express or implied warranties or representations are excluded to the fullest extent permissible by law. We do not warrant that the Website does not infringe any intellectual property rights of third parties. Any software is downloaded at your own risk. If you are in any doubt as to the suitability of the software to be downloaded for your computer it is recommended that you obtain specialist advice before downloading it.
2. OTHER WEBSITES / BANNERS
We are not responsible for the content of any other webWebsites that are linked to or from lenakstudio.com, and exclude all warranties and all liability for any loss or damage you incur as a result of your use of such Websites. We will not be responsible for the content of any advertising or sponsorship that may appear on the Website nor for compliance of the same with any laws or regulations.
3. WEBSITE AVAILABILITY
To the extent permitted by applicable law, we do not warrant that the Website will be available at any time.
The information contained in the Website is based on up to date information and while we make all reasonable efforts to ensure that material on the Website is correct, current and complete at the date of publication, accuracy cannot be guaranteed. We make no warranties or representations (express or implied) as to its accuracy, currency or completeness. We may change the information at any time without notice. You should take appropriate steps to verify all information on this Website before acting upon it.
We may update these terms and conditions from time to time and we will notify you of any changes using the e-mail address you gave to us on registration or by an announcement on the web Website (at our sole discretion). The changes will apply to the use of the Website after such notice. If you use the Website after the date on which the changes come into effect, you will be deemed to have accepted the new terms and conditions.
If any part of these terms and conditions is, at any time, found to be invalid by a court, tribunal or other forum of competent jurisdiction, or otherwise rendered unenforceable, that decision shall not invalidate or void the remainder of these terms and conditions. These terms and conditions shall be deemed amended by modifying or severing such part as necessary to render them valid, legal and enforceable while preserving their intent, or if that is not possible, by substituting another provision that is valid, legal and enforceable that gives equivalent effect to the parties' intent. Any such invalid or unenforceable part or parts shall be severable from these terms and conditions, or the validity of the part(s) in question in any other jurisdiction shall not be affected thereby.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
8. GOVERNING LAW
These terms and conditions are governed by and shall be construed in accordance with the laws of England. Non-contractual obligations (if any) arising out of or in connection with these terms and conditions (including their formation) shall also be governed by the laws of England. You agree submit to the exclusive jurisdiction of the courts of England and Wales as regards any claim, dispute or matter (whether contractual or non-contractual) arising out of or in connection with these terms and conditions or any of the documents to be entered into pursuant to this these terms and conditions (including their formation).
9. COPYRIGHT AND TRADE MARKS
Unless otherwise stated, all rights in any information which appears on the Website (including the photographs, screen displays, the content, the text, graphics and look and feel of the Website) belong to Lenak studio Ltd ("we" or "us") or our licensors. All trade marks, service marks, company names or logos are the property of their respective holders. Any use by you of these photographs, images, marks, names and logos without express permission may constitute an infringement of the holders' rights.