STANDARD CONDITIONS OF SALE

Lochs Box / lochsbox.co.uk

These Standard Conditions of Sale apply to all orders placed with Lochs Box / lochsbox.co.uk. Please read them carefully before placing an order.

Nothing in these Conditions affects any statutory rights which cannot legally be excluded or limited.

1. DEFINITIONS

1.1 In these Conditions:

“Seller”, “we”, “us” or “our” means Lochs Box / lochsbox.co.uk.

“Buyer”, “you” or “your” means the person, business, sole trader, partnership, company, organisation or other body placing an order with us.

“Business Customer” means any Buyer purchasing goods wholly or mainly for purposes connected with their trade, business, craft, profession or commercial activity. This includes companies, partnerships, charities, sole traders, self-employed individuals and small businesses where the goods are purchased for business use.

“Consumer Customer” means an individual purchasing goods wholly or mainly for personal use, and not for purposes connected with their trade, business, craft or profession.

“Goods” means any goods, products, equipment, materials, accessories, parts, consumables or other items supplied by us.

“Manufacturer” means the manufacturer, distributor, importer, wholesaler or third-party supplier of the Goods.

1.2 Where there is any difference between the rights of Business Customers and Consumer Customers, these Conditions will state this.

1.3 If you are purchasing on behalf of a business, company, sole trade, partnership, charity or organisation, you confirm that you have authority to place the order and bind that business or organisation to these Conditions.

2. BASIS OF CONTRACT

2.1 These Conditions apply to all sales made by Lochs Box unless otherwise agreed by us in writing.

2.2 Any order placed with us is an offer by the Buyer to purchase Goods in accordance with these Conditions.

2.3 An order is only accepted when we confirm acceptance in writing, issue an order confirmation, request payment, or dispatch the Goods, whichever happens first.

2.4 We reserve the right to refuse or cancel any order before acceptance, including where Goods are unavailable, pricing or product information is incorrect, the Buyer has provided incomplete or inaccurate information, payment has not been received or authorised, we reasonably suspect fraud or misuse, delivery cannot be made to the requested location, or the order appears unsuitable for the intended use stated or implied by the Buyer.

2.5 These Conditions apply to the exclusion of any terms the Buyer seeks to impose or incorporate, unless expressly agreed by us in writing.

3. BUSINESS SALES AND CONSUMER SALES

3.1 Lochs Box predominantly supplies Business Customers, including small businesses, sole traders and commercial users.

3.2 If you purchase Goods for business use, you will be treated as a Business Customer.

3.3 If you purchase Goods wholly or mainly for personal, domestic or non-business use, you will be treated as a Consumer Customer.

3.4 Consumer Customers have certain statutory rights which cannot be excluded. Where these Conditions refer to limitations, inspection requirements, return restrictions or warranty procedures, they apply only to the extent permitted by law.

3.5 Business Customers acknowledge that they are purchasing Goods for business purposes and that consumer cancellation rights do not apply to Business Customer purchases.

4. QUOTATIONS

4.1 Any quotation given by us is for information only and does not constitute an offer.

4.2 A quotation is only binding if incorporated into an order accepted by us in writing.

4.3 Unless otherwise stated in writing, quotations are valid for 7 calendar days.

4.4 We reserve the right to withdraw or amend a quotation before acceptance where costs, supplier pricing, availability, carriage, import costs, exchange rates, taxes or other market conditions change.

5. PRICES AND VAT

5.1 Prices are those stated on our website, quotation, order confirmation or invoice, subject to correction where there is an obvious pricing error.

5.2 Prices may be subject to market fluctuations, supplier price changes, carriage changes or availability issues. Where a price changes before order acceptance, we will notify you and you may choose whether to proceed.

5.3 Unless expressly stated otherwise, prices exclude any additional services such as installation, assembly, positioning, onward delivery within premises, disposal of old goods, training, commissioning or set-up.

5.4 Lochs Box does not currently have a VAT number. We are awaiting VAT registration details from the tax office. Until our VAT registration is confirmed, we cannot provide a VAT invoice showing a VAT registration number.

5.5 Once VAT registration is confirmed, VAT treatment and documentation will be updated as required. If VAT becomes chargeable on any sale, we reserve the right to apply VAT in accordance with applicable law.

5.6 Customers who require a VAT invoice before purchasing should contact us before placing an order.

6. PAYMENT

6.1 Unless otherwise agreed in writing, Goods must be paid for in full before dispatch.

6.2 Where credit terms are expressly agreed in writing, payment must be made by the due date stated on the invoice.

6.3 Time for payment is of the essence.

6.4 If payment is not made when due, we may suspend delivery of current or future orders, cancel undelivered orders, charge interest on overdue sums at 4% per annum above Bank of England base rate, recover reasonable collection and legal costs, and allocate payments against outstanding amounts as we consider appropriate.

6.5 This clause applies primarily to Business Customers and credit account sales.

7. PRODUCT INFORMATION AND SPECIFICATIONS

7.1 Product descriptions, images, specifications, measurements, capacities, colours, weights, materials, certifications and performance data are provided in good faith and are often based on information supplied by Manufacturers or third-party suppliers.

7.2 Images are for illustrative purposes only. Actual Goods may vary slightly from images shown.

7.3 Specifications and product details may change without notice where the Manufacturer or supplier changes them.

7.4 Any performance figures, capacities, sound levels, outputs, operating limits or similar information are guidance only unless expressly guaranteed by us in writing. Actual performance may vary depending on installation, usage, maintenance, environment, operator skill, power supply and other conditions.

7.5 We are not responsible for minor variations that do not materially affect the use, performance or value of the Goods.

7.6 It is the Buyer’s responsibility to check that Goods are suitable for their intended purpose before ordering, especially where Goods are purchased for commercial, specialist, technical, regulated or safety-related use.

7.7 If you require Goods for a specific purpose, you must tell us in writing before ordering and obtain written confirmation from us that the Goods are suitable.

8. PRODUCT SUBSTITUTION AND AVAILABILITY

8.1 All Goods are subject to availability.

8.2 If Goods are unavailable, discontinued, delayed or replaced by the Manufacturer, we may contact you to offer an equivalent product, upgraded product, later delivery date, or refund for unavailable Goods.

8.3 We will not knowingly substitute Goods without first notifying you where the substitution is materially different.

8.4 Where a substituted or upgraded product is offered, you may choose whether to accept it unless the difference is immaterial or beneficial and does not reduce the product’s functionality, value or suitability.

9. DELIVERY

9.1 Delivery dates and times are estimates only. We will use reasonable efforts to meet estimated delivery times, but we are not liable for delay unless required by law.

9.2 Unless otherwise agreed in writing, delivery is to the front door, kerbside or usual delivery point only.

9.3 Delivery does not include unpacking, assembly, installation, positioning in a specific room or area, removal of packaging, removal or disposal of old items, training, commissioning or set-up.

9.4 Additional delivery or installation services may be available by agreement and may be charged separately.

9.5 The Buyer must ensure delivery details are accurate, access is suitable and safe, someone is available to accept delivery, Goods can be safely delivered, and any restrictions are notified to us before dispatch.

9.6 If delivery fails because the Buyer provides incorrect details, is unavailable, refuses delivery, fails to make arrangements, or fails to notify us of access restrictions, we may charge reasonable redelivery, storage, administration or supplier charges.

9.7 We currently do not deliver outside mainland UK or to certain restricted locations, including but not limited to outside the UK, Northern Ireland, Isle of Man, Channel Islands, Isles of Scilly, Isle of Wight, Outer Hebrides, remote areas of Scotland, or any other location our carriers or suppliers cannot reasonably service.

9.8 Where delivery restrictions apply, we may cancel the order and refund any payment made.

9.9 Depending on stock levels, we usually aim to fulfil orders within 2 to 5 working days. During busy periods, supplier delays or stock shortages, fulfilment may take longer.

10. INSPECTION ON DELIVERY

10.1 Buyers should inspect Goods promptly on delivery.

10.2 Where Goods are visibly damaged on arrival, the Buyer should, where possible, sign the delivery note as damaged, take photographs of packaging and Goods, keep all packaging, and notify us in writing as soon as reasonably possible.

10.3 Business Customers must notify us of shortages, incorrect Goods or transit damage within 3 working days of delivery. Failure to do so may affect our ability to claim against the carrier or supplier and may result in the claim being refused, unless otherwise required by law.

10.4 Consumer Customers should notify us as soon as reasonably possible of any delivery issue. This does not affect statutory rights.

11. RISK AND TITLE

11.1 For Consumer Customers, risk passes on delivery to the address specified by the Consumer Customer.

11.2 For Business Customers, risk passes when Goods are delivered to the delivery address, collected by the Buyer, delivered to the carrier, or made available for delivery where the Buyer fails to accept delivery.

11.3 Title to Goods does not pass until we have received payment in full in cleared funds for those Goods and any other amounts due from the Buyer.

11.4 Until title passes, Business Customers must hold the Goods on our behalf, keep them properly stored, protected and insured, not remove identifying marks where applicable, and not pledge, charge or otherwise encumber them.

11.5 Business Customers may resell Goods in the ordinary course of business before title passes, provided they do so as principal and remain liable to us for payment in full.

12. RETURNS – IMPORTANT REQUIREMENT

12.1 Lochs Box does not currently operate a customer returns counter, warehouse facility or public returns address.

12.2 No Goods should be returned to us, our address, business correspondence address, registered office, supplier, manufacturer or any other location unless we have first provided written return authorisation.

12.3 Before returning any Goods, the Buyer must contact Lochs Box in writing and obtain a returns authorisation, returns reference number where applicable, correct authorised return address, packaging instructions, and carrier or collection instructions where applicable.

12.4 Depending on the product type, Goods may need to be returned directly to the Manufacturer, distributor, repair centre, inspection centre, supplier warehouse or other authorised location specified by Lochs Box.

12.5 Goods returned without prior written authorisation may be refused, delayed, returned to sender, lost, misdirected or not processed. Lochs Box accepts no responsibility for unauthorised returns sent to the wrong address, except where liability cannot legally be excluded.

12.6 The issue of a returns authorisation does not automatically mean a refund, credit, replacement or repair has been accepted. Goods may need to be inspected first.

12.7 Goods must be securely and appropriately packaged for return. The Buyer is responsible for damage caused by inadequate packaging, except where prohibited by law.

13. BUSINESS CUSTOMER RETURNS

13.1 Business Customers have no automatic right to cancel an order or return Goods because they are no longer required, ordered in error, unsuitable, over-ordered, not required by their customer, or because a project has changed.

13.2 Business Customer returns are accepted only at our discretion and only with prior written authorisation.

13.3 We may refuse any Business Customer return where the Goods were specially ordered, bespoke, customised, made to order, configured, supplied in bulk, discounted, clearance, opened, used, installed, tested, damaged, handled, not in pristine resaleable packaging, refused by our supplier, hygiene/safety/medical/chemical/perishable/time-sensitive/regulated, non-stock items, delivered more than 14 days ago, or cannot reasonably be resold as new.

13.4 Where we agree to accept a Business Customer return, we may deduct or charge return carriage, collection costs, supplier restocking charges, administration fees, inspection fees, repair, repackaging or reconditioning costs, and any reduction in resale value.

13.5 Business Customers must return Goods at their own cost and risk unless we agree otherwise in writing.

13.6 Credit for Business Customer returns will only be issued after Goods have been received, inspected and accepted by us, our supplier or the Manufacturer.

13.7 Any credit will be made to the original payment method or account unless otherwise agreed.

14. CONSUMER CUSTOMER CANCELLATION RIGHTS

14.1 If you are a Consumer Customer buying online, by telephone or by other distance means, you may have a legal right to cancel your order without giving a reason.

14.2 Subject to legal exceptions, Consumer Customers may cancel an order within 14 days after the day on which the Goods are delivered.

14.3 To cancel, you must notify us in writing within the cancellation period.

14.4 After notifying us of cancellation, you must return the Goods within 14 days, unless we agree otherwise.

14.5 Consumer Customers must not return Goods without first obtaining return instructions from Lochs Box.

14.6 Unless the Goods are faulty, damaged, misdescribed or incorrect, Consumer Customers are responsible for the cost of returning Goods.

14.7 We will refund the price paid for returned Goods and standard delivery charges where required by law.

14.8 If you selected a more expensive delivery option than standard delivery, we are only required to refund the standard delivery amount.

14.9 We may reduce the refund where Goods have been handled beyond what is necessary to establish their nature, characteristics and functioning.

14.10 Refunds will normally be made using the original payment method.

14.11 We may withhold a refund until we have received the Goods back or you have provided evidence of return, as permitted by law.

15. CONSUMER GOODS THAT CANNOT BE CANCELLED OR RETURNED FOR CHANGE OF MIND

15.1 Consumer cancellation rights do not apply to certain Goods, including where applicable: Goods made to the customer’s specification; personalised or custom-made Goods; Goods liable to deteriorate or expire rapidly; sealed Goods not suitable for return due to health protection or hygiene reasons once unsealed; sealed audio, video or computer software once unsealed; newspapers, periodicals or magazines except subscription contracts where cancellation rights apply; Goods which after delivery become inseparably mixed with other items; or any other Goods excluded from cancellation rights by law.

15.2 The above exclusions apply to Consumer Customers only to the extent permitted by law.

15.3 For Business Customers, additional non-returnable categories apply under clause 13.

16. FAULTY, DAMAGED OR INCORRECT GOODS

16.1 If Goods are faulty, damaged, not as described or incorrect, you must contact us in writing as soon as possible with order number, description of the issue, photographs or video where helpful, serial number or product details where applicable, and details of any use, installation or attempted repair.

16.2 We may require Goods to be inspected before any refund, repair or replacement is agreed.

16.3 Goods must not be returned without written authorisation.

16.4 Where Goods are confirmed to be faulty, damaged, not as described or incorrect, we may, depending on the Buyer type and applicable law, repair the Goods, replace the Goods, provide replacement parts, arrange manufacturer support, refund the price paid, or provide a partial refund or credit.

16.5 For Consumer Customers, nothing in these Conditions affects statutory rights in relation to faulty, damaged, misdescribed or incorrect Goods.

16.6 For Business Customers, we reserve the right to choose whether to repair, replace, credit or refund defective Goods, provided this is reasonable and permitted by law.

16.7 If Goods are returned as faulty but no fault is found, or the issue has been caused by misuse, incorrect installation, accidental damage, wear and tear, abnormal conditions, failure to follow instructions, unauthorised repair or alteration, we may charge the Buyer for inspection, testing, collection, return carriage, repair and administration.

17. DEAD ON ARRIVAL

17.1 Goods believed to be dead on arrival should be reported to us in writing as soon as possible, ideally within 24 hours of delivery.

17.2 The Buyer should keep all original packaging and provide photographs or other evidence where requested.

17.3 Goods may need to be returned to an authorised inspection location before repair, replacement or refund is agreed.

17.4 For Consumer Customers, this clause does not limit statutory rights.

18. WARRANTY

18.1 Goods may be supplied with a Manufacturer’s warranty. The length, scope and terms of that warranty vary by product and Manufacturer.

18.2 Manufacturer warranties are in addition to, and do not replace, any statutory rights a Consumer Customer may have against Lochs Box.

18.3 Business Customers acknowledge that warranty support may be provided by the Manufacturer, distributor or authorised repair centre.

18.4 Unless otherwise agreed in writing, warranty claims may require return to base, manufacturer inspection, repair centre assessment or direct manufacturer handling.

18.5 We will advise the applicable warranty route where known, which may include customer return to manufacturer or repair centre, collection arranged by us/supplier/manufacturer, replacement parts, manufacturer repair/replacement, or remote troubleshooting.

18.6 Business Customers are responsible for all return, collection, inspection and redelivery costs unless the Manufacturer, supplier or Lochs Box agrees otherwise in writing.

18.7 Consumer Customers will not be charged return costs for Goods confirmed to be faulty where this would breach statutory rights.

18.8 Warranty cover does not apply to fair wear and tear, misuse or abuse, wilful damage, accidental damage, incorrect installation, failure to follow instructions, unsuitable environment or operating conditions, unauthorised repair or modification, consumables unless expressly covered, normal maintenance requirements, or damage in transit caused by poor return packaging.

19. LIMITATION OF LIABILITY

19.1 Nothing in these Conditions limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, breach of statutory rights where liability cannot legally be excluded, or any other liability which cannot legally be limited or excluded.

19.2 Subject to clause 19.1, Lochs Box is not liable for indirect or consequential loss, loss of profit, business, revenue, contract, goodwill or opportunity, loss arising from delay, loss arising from inability to use the Goods, or loss arising from the Buyer’s resale, installation, onward supply or use of the Goods.

19.3 For Business Customers, our total liability arising out of or in connection with any order shall not exceed the price paid for the Goods giving rise to the claim, unless liability cannot legally be limited.

19.4 Business Customers are responsible for ensuring that Goods are suitable for their intended purpose and for any onward sale, installation, use or recommendation to their own customers.

19.5 We are not liable for any claim arising from information, advice, warranties or representations given by a Business Customer to its own customer or third party.

20. BUYER RESPONSIBILITIES

20.1 The Buyer is responsible for selecting suitable Goods, checking dimensions/compatibility/capacity/specifications, ensuring Goods comply with industry, safety, regulatory or site-specific requirements, obtaining necessary licences or approvals, ensuring Goods are installed/used/maintained correctly, and ensuring instructions and safety information are followed.

20.2 Business Customers purchasing regulated, technical, safety, PPE, medical, industrial or specialist Goods must satisfy themselves that the Goods are appropriate and compliant for their intended application.

21. PPE, SAFETY AND SPECIALIST PRODUCT DISCLAIMER

21.1 Where we supply PPE, safety products, medical-type products, technical products, certifications or compliance documentation, we do so based on information supplied by Manufacturers, distributors or third-party suppliers.

21.2 Unless expressly confirmed by us in writing, Lochs Box does not independently test, certify or authenticate Manufacturer claims, certifications or performance data.

21.3 Buyers must satisfy themselves that any PPE, safety or specialist Goods are suitable for the intended use, risk environment and applicable regulatory requirement.

21.4 No PPE or safety product can guarantee full protection against injury, infection, illness, contamination or harm when used alone or without appropriate procedures, training, testing and risk assessment.

21.5 This clause does not exclude liability where it cannot legally be excluded.

22. CUSTOMER DEFAULT

22.1 We may cancel or suspend an order if payment is overdue, the Buyer breaches these Conditions, the Buyer becomes insolvent or appears unable to pay debts, enters administration/liquidation/bankruptcy or a similar process, ceases or threatens to cease trading, or we reasonably believe the Buyer may not pay or may breach the contract.

22.2 This clause applies mainly to Business Customers and credit account sales.

23. FORCE MAJEURE

23.1 We are not liable for delay or failure to perform caused by events beyond our reasonable control.

23.2 Such events may include supplier delays, manufacturer shortages, transport disruption, strikes, lockouts, war, terrorism, riot, civil commotion, fire, flood, extreme weather, pandemic, epidemic, government action, import delays, customs issues, power failure, IT failure, cyber incident, shortage of materials or carrier failure.

24. PRIVACY AND DATA PROTECTION

24.1 We respect your privacy and will handle personal information in accordance with applicable data protection laws.

24.2 We may collect and use personal information such as names, addresses, email addresses, telephone numbers, order details, delivery details, payment confirmations, business details and correspondence.

24.3 We may use personal information to process orders, arrange delivery, communicate with customers, deal with returns/refunds/complaints/warranty claims, maintain business records, comply with legal/tax/accounting obligations, prevent fraud or misuse, and improve our website and services.

24.4 We may share information with third parties where necessary, including payment providers, couriers, suppliers, manufacturers, IT providers, accountants, professional advisers, insurers, regulators or authorities.

24.5 Payment card information may be processed by third-party payment providers. Lochs Box does not intend to store full card details directly.

24.6 We will only keep personal information for as long as reasonably necessary for the purposes for which it was collected, including legal, accounting, warranty, dispute and record-keeping purposes.

24.7 Customers may have rights under data protection law, including rights to access, correct, delete, restrict or object to certain processing of their personal information.

24.8 A fuller Privacy Policy will be made available separately and may be updated as our website, systems and business processes develop.

25. COOKIES

25.1 Our website may use cookies and similar technologies.

25.2 Some cookies may be necessary for the website to function properly, such as basket, checkout, security or session cookies.

25.3 Other cookies, such as analytics, preference or marketing cookies, may require consent depending on how they are used.

25.4 A fuller Cookie Policy will be made available separately and may be updated as our website develops.

26. WEBSITE USE

26.1 We aim to keep the website accurate and available, but we do not guarantee that it will always be uninterrupted, error-free or up to date.

26.2 We may update, suspend, amend or withdraw website content, product information, prices or availability at any time.

26.3 The Buyer must not misuse the website, attempt unauthorised access, introduce malicious software, scrape data unlawfully or use the website for fraudulent purposes.

27. COMPLAINTS AND CONTACT

27.1 Customers should contact Lochs Box in writing for any order queries, complaints, returns, warranty issues or cancellation requests.

27.2 Please include your order number, contact details and a clear description of the issue.

27.3 We will aim to deal with complaints fairly and reasonably.

28. GOVERNING LAW AND JURISDICTION

28.1 These Conditions and any contract between the Buyer and Lochs Box are governed by the laws of England and Wales.

28.2 For Business Customers, the courts of England and Wales shall have exclusive jurisdiction.

28.3 Consumer Customers may have rights to bring claims in their local UK jurisdiction where applicable.

29. GENERAL

29.1 If any part of these Conditions is found to be invalid, unlawful or unenforceable, the remaining parts will continue in effect.

29.2 Any failure by us to enforce a right does not mean we have waived that right.

29.3 We may update these Conditions from time to time. The version applying to an order will usually be the version in force at the time the order is accepted.

29.4 No person other than the Buyer and Lochs Box has rights to enforce these Conditions unless otherwise required by law.

CHECKOUT RETURNS NOTICE

Important Returns Notice

Lochs Box does not operate a public returns counter or customer returns warehouse.

Please do not send goods back to any address unless we have first provided written return authorisation and the correct returns address.

Depending on the product, returns may need to be sent directly to a manufacturer, supplier, distributor or authorised repair centre.

Unauthorised returns may be refused or delayed.