These Terms will apply to any contract between us for the sale of Products to you ("Contract"). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms.
If you refuse to accept these Terms, you will not be able to order any Products from our site. You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1. Information about us
1.1 We operate the website www.lituanicawholesale.co.uk. We are Lituanica UK Limited, a company registered in England and Wales under company number 04955681 and with our registered office at 3 Gallions Close. Barking, Essex, IG11 0JD. Our main trading address is also 3 Gallions Close. Barking, Essex, IG11 0JD. Our VAT number is GB832648027.
1.2 You may contact us by telephoning our customer service team on 0208 591 5599 or by e-mailing us at [email protected]. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 16.
2. Our Products
2.1 The images of the Products 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 Products. Your Products may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown on images on our site.
3. Use of our site
3.1 Your use of our site is governed by our Terms of website use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
3.2 We retain the right to block any users that may missuse the site without any prior notice.
3.3 A user may not share their password or any business information relating to orders with anyone not authorized to place orders on behalf of their business.
4. How we use your personal information
5. Business customers
5.1 This website is for use by business customers only (as such the provisions of the Consumer Contract Regulations (Information, Cancellation and Additional Charges) 2013 shall not apply).
5.2 You confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
5.3 These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
5.4 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 Terms or any document expressly referred to in them.
5.5 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation based on any statement in this Contract.
6. How the contract is formed between you and us
6.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
6.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.3.
6.3 We will confirm our acceptance to you by sending you an e-mail ("Order Confirmation"). The Contract between us will only be formed when we send you the Order Confirmation.
6.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 11.6, we will either inform you of this via email, phone call or we will aim to replace the item with a similar item. If you have already paid for the Product in question, we will refund you the full amount relating to that Product including any delivery costs charged (that relate solely to the Product in question) as soon as possible.
7. Our right to vary these Terms
7.1 We amend these Terms from time to time.
7.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
7.3 We may revise these Terms as they apply to your order from time to time.
7.4 If we have to revise these Terms 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 Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
8. Cancellation / returns
Before the Dispatch Confirmation has been sent
8.1 Unless you have elected for Next Day Delivery, you may cancel your order by notifying us before 23:59pm on the same day that your order was placed. You will then receive a full refund (including delivery charges).
8.2 In all other circumstances, the cancellation of your order will be permissible at our sole discretion. After the Dispatch Confirmation has been sent
8.3 A cancellation of a Contract in respect of non-faulty or non-defective Products will be permissible at our sole discretion.
8.4 We will not accept returns under any circumstances of food, beverages, cosmetics, fireworks, unless the products are defective.
8.5 If we allow you to cancel your Contract we will:
8.5.1 refund you the price you paid for the Products (excluding any delivery costs). However, please note we are permitted to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
8.5.2 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(a) if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 8.8;
(b) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
8.6 If you have returned the Products to us under this clause 8 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us OR Products that are delivered faulty or defective may be refunded at our absolute discretion provided you inform us within 72 hours of receipt. We may ask you to dispose of certain goods, safely, in accordance with our instructions.
8.7 We will refund you on the credit card or debit card used by you to pay or alternatively we will credit your account.
8.8 If a Product has been delivered to you before you cancel your Contract:
8.8.1 then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send it back, return it to us in-store or hand it to our authorised delivery personnel. If we have offered to collect the Product from you, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection.
8.8.2 unless the Product is faulty or not as described (in this case, see clause 8.6), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection. Collection charges from Lituanica will differ depending on your are so the price will be agreed prior collection.
9.1 We will contact you with an estimated delivery date, which will be within 30 days after the date of the Dispatch Confirmation. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 15 for our responsibilities when this happens.
9.2 We will make every effort to deliver goods within the estimated timescales. However we shall be under no liability for any delay or failure to deliver the Products within estimated timescales.
9.3 All new customers must contact our delivery department to discuss available delivery slots prior to their first delivery.
9.4 All Products must be signed for by an adult aged 18 years or over on delivery. In respect of delivery of age restricted Products, your order is deemed confirmation that you are over 18 years old and that you accept that we reserve the right to refuse delivery to anyone appearing to be under 25 years old.
9.5 If we attempt to deliver and such an attempted delivery is not possible due to your refusal to accept the Products for whatever reason, or due to the lack of accurate delivery instructions, or because no one was available at your address to take delivery, or because we refused delivery to someone appearing to be under 25 years old, you shall be liable for all costs and expenses incurred by us in respect of the abortive delivery.
9.6 If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.
9.7 You must report any Products that are damaged on delivery within 72 hours to us.
9.8 Delivery of an Order shall be completed when we deliver the Products to the address you gave us. The Products will be your responsibility, and the risk of loss and damage of the Products passes to you, from that time.
9.9 We only deliver to business addresses in UK (excluding: Northern Ireland, Orkney & Shetland Isles, Isle of Man, Channel Islands, Outer Hebrides, Isle of Wight).
10. No international delivery
10.1 Unfortunately, we do not delivery to addresses outside the UK.
10.2 You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK (excluding: Northern Ireland, Orkney & Shetland Isles, Isle of Man, Channel Islands, Outer Hebrides, Isle of Wight).
11. Price of products and delivery charges
11.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 11.5 for what happens if we discover an error in the price of Product(s) you ordered.
11.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
11.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
11.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please contact our Delivery department.
11.5 Any in store promotions featured in our stores may not be available online. Any online promotions (including via email) cannot be redeemed in store (except where stated).
11.6 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
11.6.1 where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
11.6.2 if the Product's correct price is higher than the price stated on our site, we will contact you [in writing] as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
11.6.3 special offers and discounted prices will always show a valid from and to date. Special offer prices are only valid between the dates shown.
11.6.4 discounts and prices are applied upon creation of invoice not order placed as delivery dates & in store pickups may vary. Some prices may differ on your invoice fom when the order was placed.
12. How to pay
12.1 We will take payment from you via our secure payment system at the time we receive your order. Payment for the Products and all applicable delivery charges is in advance.
12.2 We may undertake appropriate payment security checks during the order process via third party databases. By placing an order you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a third party which may keep a record of that information. This will only be done securely and any data processing will be undertaken strictly in accordance with the Data Protection Act 1998.
13. Manufacturer guarantees
13.1 Some of the Products we sell to you might come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
14. Our liability
14.1 Nothing in these Terms limits or excludes our liability for:
14.1.1 death or personal injury caused by our negligence;
14.1.2 fraud or fraudulent misrepresentation;
14.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
14.1.4 defective products under the Consumer Protection Act 1987.
14.2 Subject to clause 14.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
14.2.1 any loss of profits, sales, business, or revenue;
14.2.2 loss or corruption of data, information or software;
14.2.3 loss of business opportunity;
14.2.4 loss of anticipated savings;
14.2.5 loss of goodwill; or
14.2.6 any indirect or consequential loss.
14.3 Subject to clause 14.1, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
14.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
15. Events outside our control
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
15.2 An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks, or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
15.3.1 we will contact you as soon as reasonably possible to notify you; and
15.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
15.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, excluding any delivery charges.
16. Communications between us
16.1 When we refer, in these Terms, to "in writing", this will include e-mail.
16.2 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
16.3 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
16.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
17. Other important terms
17.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
17.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.6 A Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
17.7 We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).