Terms and Conditions of Sale
THESE TERMS AND CONDITIONS APPLY TO ALL PURCHASES OF PRODUCTS OR SERVICES FROM THIS SITE. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOUR PURCHASES.
This Lexmark site located at URL www1.lexmark.co.uk (this “Site”) is owned and operated by Lexmark International Ltd, Highfield House, Foundation Park, 8 Roxborough Way, Maidenhead, SL6 3UD with VAT number GB 727324243 (“Lexmark” or “Us”) and may be used to sell you products by Lexmark.
If you have any comments or complaints regarding our services, you can contact Lexmark:
- by email at email@example.com; or
- by post at Lexmark International Ltd, Westhorpe House, Westhorpe, Marlow, Buckinghamshire, SL7 3RQ.
1. GENERAL PROVISIONS
These General Terms and Conditions shall apply as between Lexmark and you (the “Customer” or “You”) for the use of this Site and the purchase of products by the Customer through this Site. Lexmark shall not be bound by any conflicting terms and conditions You may use unless expressly accepted by Lexmark in writing. By accessing the Site and/or placing an order, You agree to be bound by these General Terms and Conditions. These General Terms and Conditions constitute the entire agreement between Lexmark and Customer as to their subject matter; they supersede and replace all prior and contemporaneous oral and written agreements
2. OFFER, ACKNOWLEDGMENT AND ACCEPTANCE, AND PAYMENT
Offers published by Lexmark on this Site are non-binding invitations to the Customer to order products. Any prices, quotations and descriptions made or referred to on this Site are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to Lexmark’s express acceptance of your order (as described below). Promotional offers and prices are for a limited time.
While Lexmark makes every effort to ensure that items appearing on the Site are available, Lexmark cannot guarantee that all items are in stock or immediately available when You submit your order. Lexmark may cancel or reject your order (without liability) if Lexmark is unable to process or fulfill it. Lexmark will refund any prior payment that You have made for that item.
An order submitted by You constitutes an offer by You to us to purchase products or services on these General Terms and Conditions and is subject to Lexmark’s subsequent acceptance.
Prior to such acceptance, an automatic e-mail acknowledgement of your order will be generated. Please note that any such automatic acknowledgement does not constitute a formal acceptance of your order.
Our acceptance of your order takes effect and the contract is concluded at the point where such offer is either expressly accepted by us in form of an e-mail message or accepted by shipping all or part of your order/commencing services (“Acceptance”).
We may keep records of orders received, acknowledgements, acceptances and other contract records for a reasonable period after Acceptance. We may be able to provide You with copies on written request; however You must make sure You print a copy of all such documents and these Conditions for your own records.
The total invoice amount is due from the invoice date. Payment for the products will be made by credit card. Lexmark may invoice parts of an order separately. Lexmark's standard pricing policy for Lexmark-branded products applies to all orders. Lexmark is not responsible for pricing, typographical, or other errors in any offer by Lexmark and reserves the right to cancel any orders resulting from such errors.
3. YOUR REPRESENTATIONS
You represent that information provided by You when placing your order is up-to-date materially accurate and is sufficient for Lexmark to fulfill your order.
You are responsible for maintaining and promptly updating your account information with us for accuracy and completeness and keeping such information (and any passwords given to You for the purposes of accessing the Site and/or purchasing products) secure against unauthorised access.
Unless agreed otherwise or required by applicable law, any warranties provided in relation to products or services only extend to You on the understanding that You are a user and not a reseller of those products or services.
Unless expressly stated otherwise in writing by Lexmark, the provisions of these General Terms and Condition are in place of all warranties, representations, conditions, terms, undertakings and obligations which would otherwise be deemed to be, given or incurred by Lexmark or by a product manufacturer, licensor or supplier whether implied by statute (except as expressly provided for in these General Terms and Conditions), common law, custom, trade usage, course of dealing or otherwise, all of which are hereby excluded by Lexmark to the maximum extent permitted by law.
4. LEGAL RIGHT OF WITHDRAWAL
The rights in this section 4 are only applicable if you are a consumer. The following cancellation rights are without prejudice to any other right You may have if the products or services provided are defective.
You may withdraw orders for products which are physically delivered to You for any or no reason until7 (seven) days from the day after the day which the product is delivered to You by providing written notice (e.g., letter, fax, e-mail) to Lexmark.
Where your order is for services or software which You download, You agree that the services and/or download can commence from the time when your order is Accepted by Lexmark and therefore You will not be capable of withdrawal by You.
Withdrawal by returning the product has to be addressed to
European Distribution Center
Zoning Industriel Liège Logistics
Rue Louis Blériot, 5
Notice of withdrawal can be addressed online as follows:
or by email to the following address:
Notice of withdrawal can also be addressed by postal mail to the following address:
European Distribution Center
Zoning Industriel Liège Logistics
Rue Louis Blériot, 5
In the event of valid withdrawal we shall return the sums paid by You in relation to the affected products.
If You withdraw an order for a product as described in this section 4, You must take reasonable care of the product and return it (and, wherever possible, all packaging and other materials which were provided with the product) to Lexmark at the address above within 30 days of the notice of withdrawal. You will be liable for loss or damage to the product if You do not take reasonable care of it. You should use a secure method to return the product (such as registered post or courier) and will be responsible for the payment of the relevant courier/postage charges to return the item. If You do not return the products to Lexmark within 30 days, Lexmark will be entitled to charge You Lexmark’s reasonable costs and expenses required to recover the goods.
5. DELIVERY, RISK, RESERVATION OF TITLE
Lexmark will only ship to locations within the UK. Delivery timescales/dates specified on the Site, in any order acknowledgement, acceptance or elsewhere are estimates only. While Lexmark endeavors to meet such timescales or dates, Lexmark does not undertake to dispatch products and/or commence services by a particular date or dates and shall not be liable to You in respect of delays or failure to do so.
Delivery shall be to a valid address submitted by You and subject to Acceptance (“Delivery Address”). You must check the Delivery Address on any acknowledgement or acceptance Lexmark provides and notify Lexmark without delay of errors or omissions. We reserve the right to charge You for any reasonable extra costs which Lexmark incurs arising from changes You make to the Delivery Address after You submit an order.
If You refuse or fail to take delivery of products provided in accordance with these General Terms and Conditions, any risk of loss or damage to the products shall nonetheless pass and without prejudice to any other rights or remedies Lexmark has: Lexmark shall be entitled to immediate payment in full for the products or services delivered and shall seek to make alternative delivery by whatever means Lexmark consider appropriate and/or will store products at your risk.
Where Lexmark delivers products by installments, any defect in any one or more installments shall not entitle You to repudiate the contract as a whole nor to cancel any subsequent installment.
Save as otherwise provided in these General Terms and Conditions risk of loss of or damage to the products, passes to You on shipment of the product from Lexmark or its agent. You should notify Lexmark within 21 days of the date of your invoice or acknowledgement if You believe any part of your purchase is missing, wrong or damaged. Shipping dates are estimates only.
Lexmark reserves title to delivered products until full payment of the purchase price.
Prices include applicable VAT.
Lexmark reserves the right to withhold deliveries until full payment in the event of any payment default by You, charge default interest at the legal rate, assess late charges, and recover any other losses resulting from your default.
Where any product supplied is or includes software (“Software”), this Software is licensed by us or by the relevant licensor/owner subject to the relevant end-user license agreement or other license terms included with the Software (“License Terms”) and/or the product. In addition:
Such Software may not be copied, adapted, translated, made available, distributed, varied, modified, disassembled, decompiled, reverse engineered or combined with any other software, save to the extent that (i) this is permitted in the License Terms, or (ii) applicable law expressly mandates such a right which cannot legally be excluded by contract.
Save to the extent provided for in any applicable License Terms, where any Software is delivered to You in a stand-alone basis (for example on a CD-ROM and not embedded on a product) your rights of return and/or to a refund under section 4 of these General Terms and Conditions and any applicable returns policy do not apply in the event that You open the Software shrink-wrap and/or break the license seal and/or use the Software.
Except to the extent expressly provided by us in writing or under relevant License Terms, Software is provided 'as is' without any warranties, terms or conditions as to quality, fitness for purpose, performance or correspondence with description and Lexmark does not offer any warranties or guarantees in relation to Software installation, configuration or error/defect correction. You are advised to refer to any License Terms with regards to determining your rights against a manufacturer, licensor or supplier of the Software.
8. LEXMARK’S LIMITED COMMERCIAL GUARRANTEE
Products may also be supplied with an additional guarantee regarding the performance of the product. For details of the applicable guarantee, please see Lexmark´s Limited Commercial Guarantee as specified for each product in the product description on the Site and/or in the guarantee statement accompanying the Lexmark product when supplied. Please follow the instructions in the guarantee statement, if You have a problem with a Lexmark product during the applicable guarantee period or call the guarantee-hotline by dialing the telephone number stated therein.
This Lexmark guarantee is offered by Lexmark as free-of-charge manufacturer guarantee and is in addition to any contractual, statutory or common law warranty that You may be entitled to.
The applicable statutory provisions shall apply.
If You purchase the products for commercial purposes or as a self-employed person, your warranty rights shall become time-barred 12 months after delivery of the product, except to the extent that such warranty rights cannot be excluded by Lexmark by law.
Lexmark assumes unlimited liability for death or personal injury caused by Lexmark’s negligence, for any liability which arises under section 7 of the Consumer Protection Act 1987 or for any other liability which cannot be excluded by law.
Subject to Section 10.1, under no circumstances shall the total aggregate liability of Lexmark to You (however arising) under or in relation to these General Terms and Conditions, including (but not limited to) liability for breach of contract, misrepresentation (whether tortious or statutory), tort (including but not limited to negligence), breach of statutory duty, exceed the sums paid by You for the affected products and/or services.
Lexmark is liable for any negligent loss of data, provided You have taken steps to ensure that such data are backed up at reasonable intervals and can be reconstructed at reasonable expense.
Subject to section 10.1, Lexmark shall not be liable to You for any indirect or consequential loss or damage whatsoever, or any loss of profits, business, contracts, anticipated savings, goodwill, or revenue, any wasted expenditure, or any loss or corruption of data (regardless of whether any of these types of loss or damage are direct, indirect or consequential) even if Lexmark were aware of the possibility that such loss or damage might be incurred by You.
Subject to section 10.1, Lexmark assumes no liability for any damages or losses caused by force majeure or for any delay or breaches caused by circumstances beyond the reasonable control of Lexmark.
11. PERSONAL INFORMATION AND YOUR PRIVACY
Lexmark will observe applicable data protection laws and will not use information that does or can be used to personally identify You other than as set out in this Paragraph 11 as well as in Lexmark’s Privacy Statement (“Privacy Statement”).
We will process your Personal Data provided by You in relation to your order to fulfill your order, including processing any payments made by You, and in accordance with Lexmark´s Privacy Statement. Lexmark will collect, process and store some or all of the following personal data which You have provided or will provide to Lexmark in relation to the present Agreement: Customer contact names and corresponding postal addresses, e-mail addresses, telephone numbers, date of birth, payment processing data, etc ( “Personal Data”).
Data, including Personal Data, shall be stored in an electronic database maintained on servers in the United States of America by Lexmark International, Inc. The Personal Data shall be used by Lexmark and Lexmark International Inc. exclusively for the purposes of facilitating your order, including processing any payments made by You. As regards the transfer of Personal Data and other data to the United States, Lexmark International Inc. is a certified member of the EU Safe Harbor program, thereby providing an adequate level of data protection.
For purposes of the credit check and processing any payments made by You Lexmark may under certain circumstances exchange your Personal Data with service providers, including payment processors.
In relation to security of orders that You place with us: Our secure-server software encrypts all your Personal Data including credit or debit card number and name and address. This means that the characters that You enter are converted into pieces of code that are then securely transmitted over the Internet.
12. Copyright and Trademark Notice
All text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software owned by Lexmark (and the compilation of such content), is the property of Lexmark, Lexmark International, Inc., and/or their content suppliers and is protected by copyright and trademark laws.
All marks, graphics, logos, page headers, button icons, scripts, service names, data compilations, and software not owned by Lexmark or Lexmark International, Inc. are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Lexmark or Lexmark International, Inc., or their content suppliers. Neither the Site nor any materials from the Site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, distributed in any form or by any means, or otherwise exploited for any commercial purpose without the prior written permission of Lexmark.
13. GOVERNING LAW
The Agreement between the parties shall be governed by English law.
14. Changes to these General Terms and Conditions
Lexmark reserves the right to change these General Terms and Conditions at any time. If Lexmark makes such changes, Lexmark will post the revised terms and conditions here, along with the date of the revision. Except as described in section 14.3 below, any changes will apply only from the date of the revision to new contracts for the supply of products and/or services and not to orders which have been previously placed.
You shall not assign, transfer, charge or make over or purport to assign transfer charge to make over your rights under these General Terms and Conditions
You shall have no right to offset any counterclaims unless such counterclaims have been established by a final and conclusive court judgment or liability for such counterclaims has been accepted by Lexmark. You shall have no right to exercise any right to refuse performance unless such counterclaims arise from the same transaction.
You acknowledge that these General Terms and Conditions supersede and cancel all previous contracts, agreements and working arrangements whether oral or written, express or implied, between us unless expressly stated otherwise by Lexmark in writing.. These General Terms and Conditions prevail over any other terms or conditions contained in or referred to elsewhere or implied by trade, custom or course of dealing. Any purported terms or conditions to the contrary are hereby excluded to the fullest extent legally permitted unless expressly accepted by Lexmark in writing. To the fullest extent permitted under applicable law, Lexmark reserves the right to modify these General Terms and Conditions upon prior written notice to You with effect for the future prior to the delivery of products and/or services- subject to your right to reject, by way of written notice, Lexmark’s modifications to these General Terms and Conditions with respect to any orders for which Acceptance, but not yet fulfillment, has occurred.
No waiver of any term or condition of these General Terms and Conditions shall be effective unless made in writing and signed by us. The waiver of any breach of any condition shall not be construed as a waiver of any subsequent breach or condition.
Additional terms and conditions may be included with the products purchased on this Site, and You hereby consent to be governed by any and all of such additional terms.
If any provisions of these General Terms and Conditions are invalid in whole or in part, the validity of the remaining provisions shall remain affected thereby.
Lexmark shall have the right to subcontract the performance of obligations under the agreement concluded with You to third parties. You hereby agree that Lexmark may transfer any rights or obligations arising from this agreement to a subcontractor.
You agree and represent that You are buying for your own internal use only, and not for resale or export.
Lexmark, September 2011