1.1 In these Conditions:
BUSINESS means the business carried out by the Buyer at the date of the Contract;
BUYER means the person, company, partnership or other entity who buys or agrees to buy the Goods from the Seller;
CATALOGUE means the Seller's current catalogue of products, including any current fliers or other promotional material in paper or electronic format which the Seller may from time to time circulate;
CONDITIONS means the terms and conditions of sale set out in this document as may be amended in writing from time to time and any special terms and conditions agreed in writing by the Seller;
CONSUMER a Buyer that is an individual buying Goods wholly or mainly for their personal use (not for use in their business, trade, craft or profession;
CONTRACT means a contract between the Seller and the Buyer for the sale and purchase of Goods in accordance with these Conditions;
DELIVERY DATE means the date specified by the Seller when the Goods are to be delivered, or the date on which delivery takes place, whichever is the later;
DELIVERY DESTINATION means the location specified in a Contract for the delivery of Goods ordered by the Buyer;
DISPATCH CONFIRMATION an email from the Seller to the Buyer accepting the Buyer’s Offer to Purchase Goods and confirming that such Goods have been dispatched;
GOODS means the items which the Buyer agrees to purchase from the Seller from time to time;
ORDER CONFIRMATION an automatic email from the Seller to the Buyer confirming receipt of the Buyer’s order;
SELLER means Lyco Group Limited, trading as Lyco, company number 2923542, current trading address is 24 – 26 Vincent Ave, Crownhill, Milton Keynes MK8 0AB;
WEBSITE means any website owned or operated by the Seller and/or any URL owned and used by the Seller; and
WORKING DAY means any weekday on which banks and other financial institutions in the City of London are open for business.
These Conditions will apply to any contract between us for the sale of Goods to you. Please read these Conditions carefully and make sure that you understand them, before ordering any Goods from our site. Please note that before placing an order you will be asked to agree to these Conditions. If you refuse to accept these Conditions, you will not be able to order any Goods from our site.
We may amend these Conditions from time to time as set out in Clause 8. Every time you wish to order Goods, please check these Conditions to ensure you understand the terms which will apply at that time. These Conditions were most recently updated on 15/08/2019.
These Conditions, and any Contract between us, are only in the English language.
2. Information about us
2.1 We operate the website www.lyco.co.uk. We are Lyco Group Limited, a company registered in England and Wales under company number 02923542 and with our registered office at Palladium House, 1-4 Argyll Street, London, W1F 7LD United Kingdom. Our VAT number is GB 650 6449 35.
2.2 Contacting us if you are a Consumer:
2.2.1 To cancel a Contract in accordance with your legal right to do so as set out in Clause 14, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at [email protected] or contact our Customer Services team by telephone on 0345 646 1134 (From outside the UK: +44 (0)1908 651112) Mon-Fri 8.30am-6pm or by post to Lyco, 24 – 26 Vincent Ave, Crownhill, Milton Keynes, MK8 0AB. We will then e-mail or call you to confirm we have received your cancellation. When emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
2.2.2 If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 0345 646 1134 (From outside the UK: +44 (0)1908 651112) or by e-mailing us at [email protected]
2.2.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
2.3 Contacting us if you are a business:
2.3.1 You may contact us by telephoning our customer service team at 0345 646 1134 (from outside the UK: +44 (0)1908 651112) or by e-mailing us at [email protected]. If you wish to give us formal notice of any matter in accordance with these conditions, please see Clause 25.7.
3. Our products
3.1 The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Goods. Your Goods may vary slightly from those images.
3.2 The packaging of the Goods may vary from that shown on images on our site.
4. How we use your personal information
5. If you are a Consumer
This Clause 5 only applies if you are a Consumer.
5.1 If you are a Consumer, you may only purchase Goods from our site if you are at least 18 years old.
6. If you are a business customer
This Clause 6 only applies if the Buyer is a business.
6.1 If you are not a Consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Goods.
6.2 These Conditions shall apply to all Contracts to the exclusion of all other terms and conditions, including any terms and conditions which the Buyer may purport to apply under any purchase order, confirmation of order, or similar document.
6.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Conditions.
6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
7. How the contract is formed
7.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions. Our Website will guide you through the ordering process and will give you due opportunity to check and amend any errors before submitting your order. Please check your order at each stage of the order process.
7.2 Any order placed through the Website receives an Order Confirmation but will not be deemed to have been accepted by the Seller until such time as the order has been processed through the Seller's order processing system and the Buyer receives a Dispatch Confirmation.
7.3 In the case of a Buyer that is a business, in the event of a change in ownership of the Business or any part of it, the Buyer shall remain liable for any payment due under the Contract unless otherwise agreed in writing by the Seller.
7.4 Once a Contract has been formed, any variation to these Conditions, and any Contract, shall be inapplicable unless agreed in advance in writing by the Seller.
7.5 Quotations issued by the Seller, whether on the Website, in the Catalogue or otherwise, do not constitute an offer by the Seller to supply the Goods referred to therein.
7.6 The Seller reserves the right to refuse to supply any potential Buyer at any time for any reason.
7.7 If we are unable to supply you with a Good, for example because that Good is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our Website, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Good(s), we will refund you the full amount including any delivery costs charged as soon as possible.
8. Our right to vary these terms
8.1 We amend these Conditions from time to time. Please refer to Clause 1.1 on page 1 of these Conditions to see when these Conditions were last updated.
8.2 Every time you order Goods from us, the Conditions in force at the time of your order will apply to the Contract between you and us.
8.3 We may revise these Conditions as they apply to your order from time to time to reflect the following circumstances; changes in relevant laws and regulatory requirements.
8.4 If we have to revise these Conditions as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Goods or just the Goods you have yet to receive. If you opt to cancel, you will have to return (we will organise collection at our cost) any relevant Goods you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
9.1 Where the Goods are sold by reference to the Catalogue or the Website then the price of the Goods shall be the price stipulated in the Catalogue or on the Website at the date of the Contract. However due to market conditions prices do fluctuate. For the avoidance of doubt the most current price, and the one that will apply in respect of any Contract, will always be the one displayed on the Website at the time the Contract is formed.
9.2 All prices are fixed at the date of the Contract and will only subsequently be varied by agreement in writing by both the Buyer and the Seller.
9.3 For the avoidance of doubt, unless otherwise stated, prices quoted for Goods in the Catalogue and on the Website are shown per item.
9.4For the avoidance of doubt, unless otherwise states, if you are a business, the price of the Goods, and all charges, limits or fees referred to in these Conditions are deemed to be exclusive of VAT (or similar tax) at the prevailing rate, which is currently 20%, and exclusive of any other tax or duty relating to the manufacture, transport, import or export all of which (if relevant) shall be applicable at the prevailing rate at the Delivery Date. Our Website gives the option to display prices either including or excluding VAT. If you are a Consumer, you should always use our Website having selected the option to show prices including VAT.
9.5 All prices quoted in the Catalogue or on the Website and all charges referred to in these Conditions are in pounds sterling unless otherwise specified, and all payments must be made in pounds sterling unless otherwise agreed in writing by the Seller.
9.6 Whilst the Seller undertakes every effort in order to prevent any errors and / or omissions in the Catalogue and on the Website, mis-pricing may occur. The Seller reviews all prices as part of its order processing system, and in the event that the product's correct price is lower than that stated on the Website or the Catalogue (as applicable) then the Seller will charge the lower amount and process the order accordingly. In the event that the product's correct price is higher than that stated on the Website or the Catalogue (as applicable) then the Seller will, in its entire discretion, either:
9.6.1 contact the Buyer for instructions prior to dispatch of the order; or
9.6.2 cancel the order, notify the Buyer of such cancellation and refund the Buyer any sums that they have paid; or
9.6.3 where the Seller has accepted the Buyer’s order and the pricing error is obvious and unmistakable and could reasonably have been recognised by the Buyer as mispricing, the Seller may end the Contract, refund the Buyer any sums that have been paid and require the return of any Goods provided to the Buyer.
9.7 The Seller reserves the right to charge such taxation including and without any limitation any charge, tax, duty, levy, impost, withholding or liability wherever chargeable imposed for support of national, state, federal, municipal or local government or any other person or whether of the UK or any other jurisdiction on the Goods in accordance with the Waste Electrical and Electronic Equipment Directive and/or its United Kingdom equivalent.
10. Delivery, Packing & Handling Charges
10.1 Delivery, packing and handling charges are displayed on the Website. These are subject to change and the Seller reserves the right to notify the Buyer of any such change prior to the Delivery Date. If we do, you may contact us to cancel the Contract before the changes take effect and receive a refund for any products paid for but not received.
10.2 Any date quoted for delivery of the Goods is approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused.
10.3 If you are a Consumer, delivery will be made no more than 30 days after the date of the Dispatch Confirmation unless you and we expressly agree otherwise. Delivery shall take place by such method as the Seller may in its absolute discretion decide, to the Delivery Destination on or as close to the Delivery Date as is reasonably practicable in all the circumstances.
10.4 Deliveries shall be made between 8.30 am and 6.00 pm Monday to Saturday. This excludes bank holidays.
10.5 In the event that the Buyer requires a delivery on a day or time outside of the Seller's normal delivery in accordance with Clause 10.3 the Seller reserves the right to make an additional charge, and shall advise the Buyer of such additional charge when the order is confirmed. If the Seller does advise the Buyer of an additional charge for delivery, the Buyer may contact the Seller to cancel the Contract before the changes take effect and receive a refund for any Goods paid for but not received. For the avoidance of doubt, if the Seller is a business the Delivery Date is approximate only, and time shall not be of the essence for delivery.
10.6 Delivery of the Goods shall be deemed to have taken place when they have been delivered to the Delivery Destination and a signature on behalf of the Buyer has been received in respect of the Goods.
10.7 In the event that payment for the Goods has been, or is to be, made through the use of a debit or credit card then the Seller reserves the right to only deliver the Goods to the registered address of the holder of that card.
10.8 If the Buyer is a Consumer and no one is available at the Delivery Destination to take delivery and the Goods cannot be posted through the Buyer’s letterbox, the Seller will leave you a note informing you of how to rearrange delivery or collect the products from a local depot. If, after a failed delivery, the Buyer does not re-arrange delivery or collect them from a delivery depot, the Seller will contact the Buyer for further instructions and may charge the Buyer for storage costs and further delivery costs. If, despite the Seller’s reasonable efforts, the Seller is unable to contact the Buyer or re-arrange delivery or collection, the Seller may end the Contract.
10.9 If the Buyer is a business and for any reason, the Buyer is unable to accept delivery of the Goods when the Goods are due and ready for delivery then the Seller may, in its absolute discretion, arrange the storage of the Goods and the Buyer shall be liable to the Seller for the reasonable costs (including insurance) of such storage. This provision is without prejudice to any of the Seller's rights in relation to a failure by the Buyer to take delivery of the Goods or pay for them in accordance with the terms of the Contract.
10.10 The Seller reserves the right in appropriate circumstances to add a packing and insurance charge to any order placed by a Buyer who is a business to protect any Goods during transit.
These Clauses 10.11 to 10.13 only apply if you are a Consumer.
10.11 If we miss the 30 day delivery deadline for any Goods (subject to Clause 10.2) then you may cancel your Contract straight away if any of the following apply:
10.11.1 we have refused to deliver the Goods;
10.11.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
10.11.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
10.12 If you do not wish to cancel your order straight away, or do not have the right to do so under Clause 10.11, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.
10.13 If you do choose to cancel your order for late delivery under Clause 10.13, you can do so for just some of the Goods or all of them, unless splitting them up would significantly reduce their value. If the Goods have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled Goods and their delivery.
11. Terms of payment
11.1 The Buyer shall make payment to the Seller for any orders through one or more of the following mechanisms:
11.1.1 authorised credit card;
11.1.2 authorised debit card;
11.1.3 personal cheque;
11.1.4 company cheque;
11.1.5 charging the order to an agreed credit account;
11.1.6 PayPal Account.
11.2 In the event the Buyer chooses the payment method under Clause 11.1.5 above, any new account will only be opened at the Seller’s discretion. Prior to the opening of a new account the Seller reserves the right to undertake a background check of the Buyer with a credit reference agency. The Seller will not process the Buyer’s order until the background check has been completed.
11.3 In the event that the Buyer makes payment for the Goods through either an authorised credit card or an authorised debit card then whilst the Seller shall use all reasonable precautions to protect and maintain secure the details of such credit or debit card, the Seller shall not be liable for any losses incurred or sustained by the Buyer howsoever caused unless (in the case of a Consumer only) such losses arise as a foreseeable result of the Seller breaking the Contracting or failing to use reasonable care and skill. Please see clause 19.3 for an explanation of what is meant by 'foreseeable'. In the event that the Buyer discovers that any Goods have been ordered and paid for by persons unauthorised by the Buyer using the Buyer's credit or debit card then the Buyer undertakes to inform the Seller, and (without prejudice to Clause 6.1) the Seller undertakes to use its reasonable endeavours to assist the Buyer in connection with such unauthorised use.
11.4 In the event that the Buyer receives any communication informing you that any of our details, including our account details for payment or other remittance advice have changed, you must contact our Customer Service team (on 0345 646 1134 (From outside the UK: +44 (0)1908 651112), or [email protected]) to verify the authenticity of that communication prior to taking any action in case it is fraudulent or otherwise does not originate from the Seller.
12. Late payment
12.1 In the event that the Buyer fails to make payment of any invoice within its due date for payment then the Seller shall be entitled to (without limitation):
12.1.1 charge interest on such invoice from the date of the invoice until the date of payment of the invoice at a rate of 2% per month and such interest shall accrue at such rate after as well as before judgment;
12.1.2 if the Buyer is a business, charge additional interest in accordance with the provisions of the Late Payment of Commercial Debts (Interest) Act 1998 at such rates and for such times as may be permitted under the Act;
12.1.3 suspend or cancel any account in the name of the Buyer;
12.1.4 suspend or cancel deliveries of any Goods due to the Buyer under any Contract;
12.1.5 appropriate any payment made by the Buyer to such of the Goods (or any other Goods supplied under any other Contract with the Buyer) as the Seller may in its sole discretion think fit; or
12.1.6 pass the outstanding debt to a debt collection agency.
12.2 For the avoidance of doubt, the rights and remedies of the Seller in Clause 12.1 are cumulative, not exclusive, and the exercise of one thereof shall not deprive the Seller of the right to exercise others. Further, the Seller shall be entitled to exercise the rights and remedies in Clause 12.1 notwithstanding that risk in and /or title to (in the case of a Business) and responsibility and/or ownership of (in the case of a Consumer) the Goods may not have passed to the Buyer.
12.3 If an Event of Default occurs (as defined in Clause 12.4), then without prejudice to the rights and remedies of the Seller in Clause 12.1:
12.3.1 the Seller may, in its absolute discretion, suspend any and all deliveries under any Contract;
12.3.2 the Seller may appropriate to it any Goods in its possession in which case it will refund to the Buyer any payment made by the Buyer in respect of such Goods (unless the Seller has appropriated such payment to other Goods in accordance with clause 12.1.5); and
12.3.3 any and all sums owed by the Seller shall become immediately due and owing irrespective of any time given for payment prior to the Event of Default.
12.4 For the purposes of Clauses 12.3 an Event of Default shall be deemed to have occurred if:
12.4.1 the Buyer becomes unable to pay its debts as they fall due;
12.4.2 the Buyer has a receiver, liquidator or administrator appointed over any of the assets or the undertaking of the Buyer;
12.4.3 a winding-up or bankruptcy order is made against the Buyer;
12.4.4 the Buyer goes into voluntary liquidation (other than for the purpose of a solvent reconstruction or amalgamation);
12.4.5 the Buyer calls a meeting of or makes any arrangement or composition with its creditors; or
12.4.6 any act analogous to any of the foregoing occurs in respect of the Buyer in any jurisdiction.
13. Breakages, cancellations and returns
This Clause 13 applies if the Buyer is a business
13.1 The Seller must be notified of any defect in the quality or condition of the Goods within 3 working days of receipt of the Goods by the Buyer.
13.2 In the event that the Goods are standard catalogue items (ie. the Goods are contained within the Catalogue or on the Website) then the Buyer may cancel the contract within 14 days from the date of receipt by contacting the Seller's Customer Support Team [email protected] or by telephone 0345 646 1134 (From outside the UK: +44 (0)1908 651112), whereupon the Seller can make arrangements with the Buyer for the collection of the Goods at the Buyer’s expense via the Seller’s carrier. Alternatively the Buyer can return the Goods themselves at their expense via a signed for service. Goods cannot be returned without an authorised returns number. The Buyer is responsible for return postage costs unless the Goods prove to be faulty.
13.3 Any items returned by the Buyer under the provisions of Clause 13.2 must be in a totally resalable condition with all packaging, accessories and instructions complete and intact. If the Goods and their packaging are not returned in a satisfactory condition, including damage caused due to insufficient packaging for the return transition to the Seller, the Seller is permitted by law to refuse a refund or reduce the Buyer’s refund accordingly to take into account the reduction in value of the Goods.
13.4 For the avoidance of doubt, the right of cancellation contained in Clause 13.2 shall not apply to any Goods which are not standard catalogue items (i.e. Specials) or Goods which are described in the Catalogue or Website as “Made to order”. “Made to order” Goods cannot be cancelled or returned once the order is accepted. By ordering the Goods the Buyer will have entered into a binding contract to buy the Goods and cannot cancel that contract. Once the Goods have been delivered the Buyer can only return them if they are faulty or damaged.
13.5 The Seller may cancel any Contract at any time before the Goods are delivered. On giving such notice the Seller shall promptly repay to the Buyer any sums paid in respect of the Goods less an administration fee. Without prejudice to the limitation of liability under Clause 19, the Seller shall not be liable for any loss or damage whatever arising from any cancellation in accordance with this Clause.
13.6 The Buyer may not withhold payment of any invoice or other amount due to the Seller under this Contract by reason of any right of set-off or counterclaim which the Buyer may have or alleged to have for any reason whatsoever. All refunds shall be credited to the Buyer in accordance with Clause 13.7 below.
13.7 Any monies due to the Buyer by the Seller as a result of any return of Goods under this Clause 13 shall be refunded within 30 days of receipt by the Seller of the returned Goods through the same method as which payment for the Goods was originally made, save that such refund shall only extend to delivery or insurance charges rendered in respect of the Goods in the event that the Goods are being returned as a result of breakages or fault. In that event, where the value (in pounds sterling) of the Goods returned is less than the entire value of the Goods ordered under any one particular Contract the Seller reserves the right to only refund to the Buyer the same percentage of the delivery or insurance charges as the value of the Goods returned represented to the value of all Goods ordered under the Contract. By way of illustration only, if the value of all Goods under a particular Contract is £100.00, and £50.00 of those Goods are returned, then the Seller reserves the right to only refund 50% of the delivery and insurance charges for those Goods under that Contract. The Seller shall not be liable for any delays in payment caused by the Seller and/or the Buyer's Bank.
13.8 Where the Seller arranges for the return of Goods from the Buyer through the Seller's nominated carrier then the Buyer undertakes to ensure that the Goods are packaged in a manner suitable for safe transportation and are available for collection by the nominated carrier during normal business hours. In the event that the nominated carrier attempts to collect the Goods during normal business hours and is unable to do so (other than at times previously notified by the Buyer to the Seller as being times at which the nominated carrier would not be able to collect the Goods) then the Seller reserves the right to charge the Buyer for the costs incurred through the nominated carrier's inability to collect. Further, in the event that the Goods are damaged in transit on their return to the Seller as a result of poor or insufficient packaging on the part of the Buyer, or are not complete, then the Seller reserves the right not to credit or otherwise refund the Buyer in respect of (in the event that the Goods are being returned for a refund), or replace (in the event that the Goods are being returned for the purposes of replacement), such damaged Goods.
13.9 Where the Buyer arranges for the return of Goods from the Seller through the Buyer's nominated carrier then the Buyer undertakes to ensure that the Goods are packaged in a manner suitable for safe transportation. Return of the goods shall be deemed to have taken place when they have been delivered to the Seller and a signature on behalf of the Seller has been received in respect of the Goods. In the event that the Goods are damaged in transit on their return to the Seller or are not complete, then the Seller reserves the right not to credit or otherwise refund the Buyer in respect of (in the event that the Goods are being returned for a refund), or replace (in the event that the Goods are being returned for the purposes of replacement), such damaged Goods.
14. Your Consumer right of return and refund
This Clause 14 only applies if you are a Consumer.
14.1 If you are a Consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in Clause 14.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Good(s), you can notify us of your decision to cancel the Contract and receive a refund. Advice about your