Terms and conditions & warranty.
Welcome to laybakpak.com (the “Website”). It is very important for all our visitors to read our Terms and Conditions carefully.
Laybakpak is a trading name of Davies Breton Ltd.
This Website is brought to you by Davies Breton Limited (“Davies Breton”, or “we” or “us”, or “seller”) and all rights, including copyright, in the content of the Website is owned or controlled by Davies Breton.
Davies Breton and its associates provide access to the Website. All products sold via our website are sold subject to the Terms and Conditions set out on this page.
If you have any comments or queries relating to this Website, please contact us.
PRODUCT WARRANTY POLICY
Davies Breton Ltd offers a two-year warranty on LayBakPak products from the date of purchase by the original owner. It covers defects in workmanship and materials.
This means that we will, at our discretion, repair or replace defective product that suffers from such defects. The warranty does not cover wear and tear, meaning damage/ degradation that occurs as a result of normal use, for example wearing of moving parts and normal deterioration in fabrics over time. Furthermore the warranty does not cover non-recreational use, negligence or improper care.
Our product range and specification may change over time, so at the time of a warranty claim we reserve the right to use a substitute replacement at our discretion.
If you wish to make a warranty claim, email us at info@laybakpak.com giving your name, the product details, the date of purchase, details of the defect and a photo.
Terms and conditions of sale.
Please carefully read these Terms and Conditions before purchasing any products on the Website. By purchasing any products on the Website, you agree to be bound by these Terms and Conditions.
Your account.
Responsibility for restricting access to your account through the use of secure passwords and restriction of access to your computer, tablet and phone lies entirely with you. You must inform us immediately if you become aware or suspect that your account is being used in an unauthorised manner.
Please ensure that the details you give to us when you register are accurate and complete and inform us immediately of any changes to those details.
You can only purchase goods on the website with a credit card/debit card. If you are under sixteen (16), you may use the Website only with the express permission and supervision of a parent or guardian.
We reserve the right to refuse access to the Website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
Privacy
Please review our Privacy policy which, together with the fraud prevention section below, explains how the personal information we collect from you will be used.
Use of cookies.
To improve your experience on our site, we may use cookies. Cookies are an industry standard and most websites use them. A cookie is a small text file that our site may place on your computer as a tool to remember your preferences and visits.
You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.
Our contract.
When you place an order to purchase a product from the Website, we will send you an email confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product, which is accepted by us when we send an email to you confirming that we have accepted the order (the ‘Order Confirmation Email’). Such acceptance will be complete at the time we send the Order Confirmation Email to you. You are seeking to enter into a contract with Davies Breton when you place an order.
This contract is legally binding when you have placed an order, your order has been accepted and we have sent you the Confirmation Email.
Davies Breton will retain the title in the products until full payment has been made by you and has been received by us.
Davies Breton reserves the right to hold any orders prior to shipping for security review. Davies Breton only delivers its products to the locations listed on the Website. In the event that an order is placed for a delivery to a location where we do not deliver to the order will be cancelled and a refund processed.
Fraud prevention.
It is important to understand that by confirming your order and by ticking the relevant box on our website you will also be confirming that you have read, understood and agree to these e-commerce terms and conditions and that you explicitly consent to your personal information being used by us, our third party service providers and Fraud Prevention Agencies (as further described below) for the following purposes. You should not confirm your order or tick the relevant box on our website unless you consent to this use of your personal information. . If you have any questions about this, please contact us at info@laybakpak.com before you proceed with your purchase.
Your personal information including your full name and address, your bank account and card payment details and your sensitive personal data will be used for fraud prevention, fraud screening and age and identity verification purposes. This personal information may be disclosed to and used by fraud prevention agencies or third parties providing fraud prevention services to us.
This section sets out in summary only the use to which we will use your information. For more details about this please contact us at info@laybakpak.com.
Deliveries.
All goods delivered within the UK will normally take 2-5 working days from order acceptance. Every effort is made to ensure delivery is made within the estimated time. European orders generally take 5-7 days and International orders generally 7-10 days.
Delivery to mainland UK is free. Delivery charge to Northern Scotland and Isles is £15. Delivery to Northern Ireland, the Isle of Man and the Scilly Isles is £30. Delivery to the Channel Isles is £55. Customers outside these areas can ask for a price for delivery by sending an email to info@laybakpak.com.
The seller shall use its reasonable endeavours to meet any date agreed for delivery. In the event that a delivery cannot be made the seller shall not be liable for any losses, costs, damages or expenses incurred by the buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
Delivery of the goods shall be made to the buyers address specified in the order and the buyer shall make all necessary arrangements to take delivery of the goods whenever they are tendered for delivery. As a signature is required for proof of delivery it is the buyer’s responsibility to ensure that they will be present at any address given to sign for the goods.
Title and risk in the goods shall pass to the buyer upon delivery of the goods.
Returns.
You can only return LayBakPak products that have been purchased directly through this Website.
If for any reason you are not happy with your LayBakPak products, please follow our Returns Policy set out below. We reserve the right to reject the return of products that are not returned in accordance with our Returns procedure and we may request that you pay for delivery charges in returning such goods back to you. Our returns policy does not affect your statutory rights.
You may return new, unworn or unused products within fourteen (14) days from the date on which the goods were shipped to you.
Please note: your right to return products is separate from your statutory right to cancel your order under the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013 (see below).
Statutory right to cancel.
If you are a UK or EU customer, in addition to our Returns Procedure, you have fourteen (14) days (beginning the day after receipt of the goods) to cancel your purchase order under the Consumer Contract Regulations.
These legal rights do not apply to non-EU customers.
Where you exercise your right to cancel within fourteen (14) days, you should return the goods to us as soon as reasonably practicable.
We will refund all monies received from you (including the outbound delivery cost, if applicable) within 14 (fourteen) days of receiving the product(s) from you or within fourteen (14) days of you providing us with proof of return. Please note that if you have opted to deliver the product(s) back to us by more expensive means than the standard delivery option offered, you will not be refunded for the full outbound delivery cost. We will only refund you the cost of the standard delivery option.
How do I exercise my statutory right to cancel?
In order to exercise your right to cancel, please:
a) send an email to info@laybakpak.com; or
b)Write to us at our address at the end of these terms, making it clear in your correspondence that you are giving notice to exercise your statutory right to cancel.
Your email or letter will be deemed to have been received by us on the date you send it (provided it is sent to the correct address and it is sufficiently clear that you are exercising your right to cancel). Please try and keep the confirmation of any letter or email to demonstrate the date when you sent it.
Delivery costs.
Where you exercise your statutory right to cancel, we will provide a full refund on the price paid for the goods and the original delivery charge if applicable.
Where you fail to return the product(s) in question or you send them at our expense, or if our appointed courier collects the goods from you, we reserve the right to charge you for the direct costs incurred by us in collecting or returning the goods (other than where the goods have been sent to you in error or where such goods are faulty in which case, such costs shall be at our expense).
If you return the goods under any other circumstances (other than due to our error-see ‘Discrepancies’ below) you are responsible for the cost of returning them to us. We will not refund the original delivery charge. So in the case of returns, you will only be refunded the value of the goods ordered.
Conditions for all returns or statutory right to cancel.
All goods must be returned to us unused, together with all original labels and packaging (please note you have a duty to take reasonable care of returned goods and any refund may be withheld or a charge incurred if you fail to take such care and damage the goods). Please make sure that your return package is packed and sealed securely (in or with the original packaging if possible).
Packages must be returned with the freight prepaid. We recommend the use of an insured parcel service, such as Royal Mail Special Delivery.
Goods returned must clearly show the order number obtained from us on the package.
Goods should be returned to the address shown at the end of these terms and conditions.
Discrepancies.
If there are any discrepancies with your order, you must notify us as soon as possible. If you have been shipped the incorrect goods we apologise. Please follow the Returns procedure (see Returns above) and on receipt of your order, we will reimburse the cost of returning them to us. Any replacements will be sent to you at no extra cost to yourself.
Please note that the return postage refund will be sent to the original payment method used to place the order. Please allow up to thirty (30) days for your refund to be processed.
Pricing and availability.
All prices are quoted in Pounds Sterling and are inclusive of VAT unless otherwise specified. All item prices are exclusive of delivery charges. Please note that shipping dates are estimates only. Unless otherwise stated, dispatch dates are not guaranteed and should not be relied upon. As we process your order, we will inform you by email if any products you order are subsequently found to be unavailable.
Customs.
When ordering products from the Website for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you as we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact the local customs office for further information. Additionally, please note that when ordering from the Website, you are considered the importer of record and must comply with all laws and regulations of the country in which the products are received. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our International customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
Disclaimer and limitation of liability.
This Website is provided by Davies Breton on an “as is” and “as available” basis. Davies Breton makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, or products included on this Website. It is expressly agreed by you that your use of this Website is at your sole risk.
Davies Breton disclaims all warranties, express or implied, including, but not limited to, implied warranties of saleability and fitness for purpose to the fullest extent permissible by applicable law. Davies Breton does not warrant that this Website, its servers, or e-mail by us are free of viruses or other harmful components. Davies Breton will not be liable for any damages of any kind arising from the use of this Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Laws of certain countries or states do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Disputes.
We are under a legal obligation to notify you that certain disputes can be settled by Alternative Dispute Resolution (“ADR”). The approved body to resolve disputes via ADR in our industry is The Retail ADR. Alternatively, there is also an Online Dispute Resolution (“ODR”) Platform available here: //ec.europa.eu/odr
However, please note that settling disputes via ADR or ODR is not mandatory and we have not elected to resolve our disputes via ADR or ODR. This means that any dispute relating in any way to your visit to the Website or to products you purchase through the Website may be submitted to the courts of England and Wales, except that, to the extent you have in any manner violated or threatened to violate Davies Breton’s intellectual property rights, Davies Breton may seek injunctive or other appropriate relief in any court in any country in the world, and you consent to exclusive jurisdiction of such courts.
Seller’s rights.
We reserve the right to make changes to our Website, policies, and these Terms and Conditions of Sale at any time. Your usage of the Website and your orders will be subject to the policies and Terms and Conditions of Sale in force at the time that you use the Website or that you order products from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of the provisions of these Terms and Conditions of Sale are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remaining conditions.
Force majeure.
Davies Breton will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
Waiver.
If you breach these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Electronic communications.
When you visit the Website or send emails to us, you are communicating with us electronically. We will communicate with you by email or by posting notices on the Website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Feedback and complaints policy.
We welcome any comments about our service, so that we can improve what we are doing. Our aim is to deal with any problems quickly and fairly. If you have reason to complain about our service, please e-mail us at info@laybakpak.com stating clearly that you are making a complaint. Our aim is to respond to your complaint within fourteen (14) working days, either resolving the complaint, or with a timescale for resolution.
Governing law and jurisdiction.
Your use of the Website, any purchase by you on the Website of any products and these conditions will be governed by and construed in accordance with the laws of England and Wales and will be deemed to have occurred in England. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.
Your statutory rights are not affected by these Terms and Conditions of Sale.
Our details.
Davies Breton Limited
Company registration: No 08809826 (England and Wales)
Office address: 4 Briar Hill, Woolpit, Bury St Edmunds. IP30 9SD
e-mail: info@laybakpak.com