Terms and Conditions

Our Terms and Conditions

Welcome to Lyken.co.uk. These Terms and Conditions outline the rules and regulations for the use of Lyken’s website. Lyken is located at Unit 18224, PO BOX 6945, London, W1A 6US.

Please read Lyken’s (from here on referred to as we/our/us) Terms and Conditions carefully. Together with our Privacy Policy, they govern our relationship with our users (from here on referred to as you/your) in relation to this website. If you have any questions or do not wish to accept them, please contact us at [email protected] before using the website.

In some instances, we may make changes to these terms and conditions so please check at regular intervals for updated versions. Using or accessing this website indicates your acceptance of our Terms and Conditions. If you do not accept these Terms and Conditions, please do not continue to use this website. If any portion of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or part, the validity or enforceability of the other sections of these Terms and Conditions shall not be affected.

Goods

The description of the goods is as set out on the website, catalogues, brochures or another 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.

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.

All goods which appear on our website are subject to availability.

We can make changes to the goods which are necessary to comply with any applicable law or safety requirements. We will notify you of these changes.

Website registration

You warrant that the personal information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects.

You will notify us immediately of any changes to the personal information by contacting our Customer Services by email: [email protected].

You agree not to impersonate any other person or entity or to use a false name or name that you are not authorised to use.

Personal information and registration

When registering to use our 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.

We retain and use all information strictly under the Privacy Policy.

We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Your use of this website and our intellectual property rights

We have made this website for your personal use. We may modify, withdraw or deny access to this website at any time. Please read our website terms of use for more information.

This website and all the materials contained in it are protected by intellectual property rights, including copyright, and either belongs to us or are licensed to us to use.

Materials include, but not limited to, the design, layout, look, appearance, graphics and documents on the website, as well as other content such as product descriptions, prices, technical guidance, specifications and other text.

You may not copy, redistribute, republish or otherwise make the materials on this website available to anyone else for a commercial purpose without our consent in writing.

General Terms

These Terms and Conditions are governed by English law. In the event of any matter or dispute arising out of or in connection with these General Terms and Conditions of sale, you and us shall submit to the exclusive jurisdiction of the English courts.

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the rest of these Terms and Conditions, which shall remain in full force and effect.

If you breach these Terms and Conditions, and we ignore the breach or breaches, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Terms and Conditions. We shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our control.

It is not intended that any person other than you or us will be able to enforce any provision of these Terms and Conditions by virtue of the Contracts (Rights of Third Parties) Act 2001.

Our liability to you

Nothing in these website terms shall exclude or limit our liability for personal injury or death caused by our negligence. In addition, these website terms shall not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law.

We do not guarantee that this website will be compatible with all or any hardware and software which you may use. We do not guarantee that this website will be available all the time or at any specific time. We reserve the right to withdraw or modify this website at any time.

We are only liable to you for losses which you suffer as a result of a breach of these Terms and Conditions by us. We are not responsible to you for any losses which you may incur which were not a foreseeable consequence of us breaching these Terms and Conditions. Our Liability to you will not include any business losses that you may incur, including lost data, lost profits, lost revenues or business interruption.

Limitations of our liability to you

Without prejudice to your statutory rights, we will not be liable to you for misrepresentation unless fraudulent, common law duty or under any express or implied term of this contract for:

  • Any losses which are not foreseeable by both you and us when this contract is formed arising in connection with the supply of products or their use by you.
  • Any losses which are not caused by any breach by us.
  • Business or trade losses.

Our products have been selected for domestic use only. If you plan to use them for business purposes please make sure you have the appropriate insurance. In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept any liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim.

Nothing in this contract shall limit or exclude our liability to you for things which we cannot by law limit or exclude. Further, nothing in this contract means that our liability to you for death or personal injury resulting from our negligence or that of our employees, agents or subcontractors is limited.

Information on this website 

The information contained on this website is given solely for the purpose of providing information regarding our products. Whilst we try to ensure the information contained on the website is accurate and up to date, inaccuracies may occur from time to time. Our sole liability to you for any loss resulting from any such inaccuracy shall be no greater than the value of the product in question. Our liability to you as explained above remains unaffected by this.

Hyperlinks

We may link to other websites which are not within our control. When we do this, we will try and make it as clear as possible that you are leaving our website. We are not responsible for these websites and do not endorse them. It is your responsibility to check the terms and conditions and privacy policy on the other website you visit.

Advertising  

Our site may contain advertising. It is the responsibility of advertisers to ensure that their material complies with all relevant legislation, laws and codes. We will not be liable for any error or inaccuracy contained in any such material.

Third Party Content

This site contains facts, views, opinions, statements and recommendations of third-party individuals and companies. We will not be liable or responsible for the content, including other information displayed, uploaded or distributed through the site or for any errors or violations of laws or regulations. You acknowledge that any reliance on any such communication will be at your own risk.

Feedback about us is welcome, however, any comments, suggestions or other communications sent to the website shall be and remain the exclusive property of Lyken and we may use all such communications in any manner without compensation to you.

We have the right to remove any material or posting you make on our site.

Products

The products sold on this website are subject to the product description which sets out conditions related to the sale of that item. We will take all reasonable care to ensure that all details and prices of products appearing on this website are correct at the time when the relevant information was entered onto the system.

Although we aim to keep the website as up to date as possible, information appearing on this website at a particular time may not always reflect the exact situation at the moment you place your order. We cannot confirm the price of a product until your order is accepted and confirmed.

We cannot guarantee that the appearance and/or colours of products themselves. Products may show some colour variations. All sizes quoted are approximate.

Basis of sale

By placing an order through our site, you warrant that:

  • You are legally capable of entering into binding contracts.
  • You are at least 18 years old.
  • You are a resident in the United Kingdom.

Your order to us is your offer to purchase the goods on these sale conditions, subject to our acceptance. You are entitled to withdraw your offer at any time up to the moment that we accept it.

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 our website, we can reject it for any reason, although we will try to tell you the reason without delay.

The order process is set out on our 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.

A contract will be formed for the sale of goods ordered only when you receive an email from us confirming the order. 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 contract by means of an email with all information in it. You will receive the order confirmation within 24 hours after making the contract, but in any event not later than the delivery of any goods supplied under the contract.

Any quotation is valid for a maximum period of 30 days from its date unless we expressly withdraw it at an earlier time.

No variation of our contract, whether about the description of the goods, price or otherwise, can be made after it has been entered into unless the variation is agreed by you and us via email.

We intend that these terms and conditions apply only to a contract entered into by you as a customer. 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 in some respects, be better for you, e.g. by giving you rights as a business.

Price and Payment

The price of the goods and any additional delivery or other changes is set out on the website at the date of the order or such other price as we may agree via email.

Prices and charges exclude VAT at the rate applicable at the time of the order.

You must pay by submitting your credit or debit card details or your PayPal account details with your order. We can take payment immediately or otherwise before delivery of the goods.

In co-operation with Stripe online payment system, we can offer a credit card payment option for individuals and companies. This payment option is displayed on the checkout page.

You can also pay with PayPal online. This payment option is displayed as one of the options on our product and checkout pages. Personal data is handled between you and PayPal in accordance with applicable laws.

Rejected Payment

We may not be able to accept your order due to one of the following reasons:

  • Authorisation of your payment failed.
  • We made a pricing or product description error.
  • You are not eligible to order from lyken.co.uk.
  • If there are any problems with an order, you will be contacted via email by our customer services advisors.
  • If you change your mind about an order and want to cancel it, you can do so up to the point of when it has been dispatched. Orders are normally processed immediately after they have been placed, so we may have already packed your order and made arrangements for it to be sent when you cancel it. If this is the case then we cannot always stop the order from being delivered.
  • We may use and disclose to third parties any information we hold about you and your payment record for the purposes of administration and enforcement of this agreement and for other related purposes. We may also supply your information to relevant authorities and other third parties where legally required or reasonably required in connection with any legal process or any legal obligations binding on us.

Special Offers and Promotions

  • Free delivery promotions vouchers apply to UK mainland orders basket value, excluding delivery charges.
  • The goods must be purchased before the end date of the promotion to be eligible for the promotional discount.
  • Stock is subject to availability.
  • Promotional discounts are applicable only for specific products featured.
  • If you return a product purchased using a promotional discount, your refund will equal the amount you paid for the product, subject to applicable refund policies.
  • Promotional discounts and special offers are for a limited time only.
  • Offers are only available online.
  • Offers can be applied to multiple purchases.

Discount Codes

  • Cannot be used in conjunction with any other offer.
  • The promoter reserves the right change the duration of the promotion at their discretion.
  • Customers must spend the promoted value or more in total in one transaction to receive the reduction.
  • Reductions will be discounted from the total cart value at the time of purchase if the total value amounts to the promoted spend or more.
  • Exclusive online spend and save offers are exclusive to online purchases only.
  • Not transferable or redeemable for cash or credit.
  • Offer does not apply to the cost of postage.
  • Cannot be applied to existing orders.
  • To apply a promo code you must enter it prior to completing the order.

Delivery

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 65 days after the day on which the contract is entered into.

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:

  • 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.
  • 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.

If you treat the contract at an end, we will (in addition to other remedies) promptly return all payments made under the contract.

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.

If any goods form a commercial unit (a unit is a commercial unit if the 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.

We do not generally deliver to addresses outside England, Wales and Scotland. 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.

You agree we may deliver the goods in instalments if we suffer a shortage of stock or other genuine and fair reasons, subject to the above provisions and provided you are not liable for extra charges.

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.

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

Risk of damage to, or loss of, any goods will pass to you when the goods are delivered to you.

You do not own the goods until we have received payment in full. If 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.

Withdrawal and Cancellation

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.

You can cancel the contract except for any goods which are made to your special requirements by telling us no later than 14 calendar days from the day the contract was entered into. If you simply wish to change your mind and without giving us a reason, and without liability, except in this case, you must return to any of our business premises the goods in undamaged condition at your own expense.

Then we must without delay refund to you the price for those goods which have been paid in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective goods. This return right is different and separate from the cancellation rights below.

This is a distance contract (as defined below) which has the 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:

  • Foodstuffs, beverages or other goods intended for current consumption in the household and which are supplied on frequent and regular rounds to your residence or workplace.
  • Goods that are made to your specifications or are clearly personalised.
  • Goods which are liable to deteriorate or expire rapidly.

Also, the cancellation rights for a contract cease to be available in the following circumstances:

  • 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

Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.

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 i.e. subscriptions, the right to cancel will be 14 days after the first delivery.

To excise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement setting out your decision by email to [email protected]. You can use the contact form on our website, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made.

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

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 choose a type of delivery other than the least expensive type of standard delivery offered by us).

Deduction for goods supplied

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 (i.e. handling the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods e.g. 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.

Refunds

If we have not offered to collect the goods, we will make the reimbursement without undue delay, and not later than 7days after the day we receive back from you any goods supplied.

If no goods were supplied, we will make the reimbursement without undue delay, and not later than 7 days after the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same method of payment as you used for the initial transaction unless we have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Returning Goods

If you have received goods in connection with the contract which you have cancelled, you must send back the goods to us at Unit 18224, PO BOX 6945, London, W1A 6US without delay and in any event not later than 14 days from the day on which you communicate to us the cancellation of this contract.

We do not refund the delivery cost unless the product is damaged or faulty. You must return the products in their original packaging.

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.

For the purpose of these cancellation rights, these words have the following meaning:

  • 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, which is exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded.
  • 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.

Conformity

We have the legal duty to supply the goods in conformity with the contract, and will not have conformed if it does not meet the following obligation.

Upon delivery, the goods will:

  • Be of satisfactory quality.
  • 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 reply, or it is unreasonable for you to rely, on our skill and judgement) and be fit for any purpose held out by us or set out in the contract.
  • Conform to their description.

It is not a failure to conform if the failure has its origin in your materials.

Successors and our sub-contractors

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

In the event of any failure by a party because of something beyond its reasonable control:

  • The party will advise the other party as soon as reasonably practicable.
  • 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.

Privacy

Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy Policy.

  • Data Protection Laws mean any applicable law relating to the processing of personal data including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
  • GDPR means the General Data Protection Regulation (EU) 2016/679.
  • ’Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.

We are a Data Controller of the Personal Data we process in providing goods to you.

Where you supply Personal Data to us so we can provide goods to you, and we Process that Personal Data in the course of providing the goods to you, we will comply with our obligations imposed by the Data Protection Laws:

  • Before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected.
  • We will only Process Personal Data for the purposes identified.
  • We will respect your rights in relation to your Personal Data.
  • We will implement technical and organisational measures to ensure your Personal Data is secure.

For any enquires or complaints regarding data privacy, you can contact our Data Protection Officer at the following email address: [email protected].

The supplier does not exclude liability for:

(i) Any fraudulent act or omission.

(ii) For death or personal injury caused by negligence or breach of 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.

(ii) Loss (e.g. loss of profit) to the customers business, trade, craft or profession which would not be suffered by a consumer because the supplier believes the customers is not buying the goods wholly or mainly for its business, trade, craft or profession.

Governing Law, Jurisdiction and Complaints

The Contract (including any non-contractual matters) is governed by the law of England and Wales.

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.

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 48 hours.