Terms and conditions

1. Introduction

These are the Terms and Conditions which relate to your purchase of Leandesk TM products from the Leandesk website www.leandesk.com operated by Henry Swanzy Ltd, a company registered in England and Wales under number 3726407 with registered office address Higher Tregarne, Mawnan Smith, Falmouth, Cornwall TR11 5JW, United Kingdom (“we”, “us”). If you have purchased a Leandesk product from another source, please refer to the seller’s own Terms and Conditions. Please read these terms carefully before you place an order with us. When you place an order with us you are agreeing and adhering to the below Terms and Conditions. These Terms and Conditions apply to the purchase and sale of any goods between us and you, to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. These terms apply to ordering, delivery, refund and return processes along with other important information. If you have any questions about these terms please email support@leandesk.com.

2. Business customers don’t have all the same rights as consumers

For example, business customers can’t cancel their orders, they have different rights where there is a problem with a product and we don’t compensate them in the same way for losses caused by us or our products. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual. If you are a stockist or retailer who intends to resell our products in volume, please contact us directly as different terms will apply.

3. Interpretation

A business day means any day other than a Saturday, Sunday or Bank Holiday in England and Wales. The headings in these Terms and Conditions are for convenience only and will not affect their interpretation. When we use the words writing or written in the Terms and Conditions this includes emails.

4. Ordering Process

Products in our collection can be viewed on our website www.leandesk.com. We will also confirm key information to you in writing before or after you order either by email or on paper. If you have any questions about our products, you can contact us on our website or email support@leandesk.com. If you would like us to contact you, we will do so by phone, email or the address provided. Once you place an order with us, you will receive an order confirmation acknowledging receipt of your order detailing the product price, delivery charges and anticipated delivery date. This order represents an offer by you to purchase goods from us. Please note it is your responsibility to check the order confirmation and inform us if there are any errors. The order will only be accepted by us once payment has been received, and we will then start the delivery process. Once we accept your order, we are bound to fulfil it and the contract is formed.

• Product that is in stock

Your order will be picked, packed, and dispatched by our distribution partner. An email will confirm your order and tracking details.

• If the product is not in stock

Delivery dates are estimates. Sometimes these delivery dates cannot be guaranteed due to stock, supplier, or events beyond our control.

5. Pricing

All prices are in £GBP and include VAT but exclude delivery. You must pay for the goods before the order is released to be delivered. If you are a business, if the cost of the goods to us increases due to any factor beyond our control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, we can increase the Price prior to delivery. We will notify you of any such price increase that occurs between you ordering and delivery of the goods and you have the right to terminate the contract if you are not happy to pay the increase in price. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect. It is possible that despite our best efforts some of the products maybe incorrectly priced, for example due to technical errors. We will contact you if there has been a price error either by email or phone. If the price you have paid is higher than the correct price, we will issue a refund to the price difference. If the price paid lower than the correct price, we will be in contact to discuss if you would like to proceed with the order.

6. Payment

We accept all orders in £GBP. We cannot accept other currencies or international orders unless otherwise agreed in writing by us. All credit and debit card payments are processed through our secure payment system or a third party supplier and we do not hold or process any of your credit or debit card details. Upon providing details of the payment card and submitting the order you : – confirm and undertake that the information contained within the order is true and accurate and that you are duly authorised to use the Payment Card; and – authorise us to deduct from the Payment Card account the full price of the goods and all other payments which may become due to us under the Contract. – if it is not possible to obtain full payment for the goods from your account, we can cancel the order or suspend any deliveries to you. This does not affect any other rights we may have. If you are a business customer you have no set-off rights If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law). We may charge you if you don’t give us information we need We may charge you additional sums if you don’t give us information we’ve asked for about how we can access your property for delivery. For example, we might need to re-deliver on another vehicle or with extra manpower.

7. Product Information

All our products are made by our trusted suppliers. Our products are made from natural materials, each product will vary slightly in grain pattern, colour, and texture from product to product or to any imagery. Imagery is for illustrative purposes and products may vary slightly from their pictures. As part of our ongoing commitment to product quality and longevity we may implement minor product improvements to enhance design, functionality, and user experience. These changes will be minor and will not affect your use of the product and do not give any right to cancel or reject the product. We can always change a product to reflect changes in relevant law and regulatory requirements. Bespoke or personalised products If we’re making or supplying bespoke or personalised versions of the products, you are responsible for ensuring the instructions you give us are accurate, including ensuring any measurements you provide are accurate and any engraving wording is correct. For help with bespoke or personalised products please contact us by email at support@leandesk.com.

8. Delivery

We deliver to the UK. Please see our delivery page (https://www.leandesk.com/shipping) for more information on delivery. We will arrange for the delivery of the goods to the address specified by you on your order. As soon as the order is dispatched from our distribution centre the contact person and number you have supplied will be contacted by our delivery provider via email or SMS. Our delivery provider will send you a tracking number. If you are unable to take delivery on the day, it is your responsibility to liaise with the delivery provider to re-arrange delivery. We will not be responsible for the non-delivery of products if our delivery provider attempts to deliver the products and you are not available. In this situation you will be liable for any redelivery costs.

• Delivery Day

You must inspect the goods on delivery. If you identify any damages or problems, we ask that you inform us by email at support@leandesk.com as soon as possible (and if you are a business within 48 hours of delivery). If there is something wrong with the goods, your rights are listed below. The product will become your responsibility once it has been delivered to you and/or left in a safe place following your instructions with the courier company. You will own the product once we have received payment in full and the product is ready for delivery.

9. Delays outside our control

If our supply of your product is delayed by an event outside our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial you can contact us at support@leandesk.com to end the contract and receive a refund for any products you have paid for in advance, but not received.  

10. Refunds and Returns

Damaged or Faulty (for both consumers and businesses) If your item arrives damaged or faulty please let us know as soon as possible (and for businesses within 48 hours of delivery). A claim can be submitted as follows:

• Email support@leandesk.com to inform us.
• We will ask you to email or post photographic evidence of the product and the packaging.
• We will review the photographs and contact you about the next steps.
• If you are asked to return the damaged or faulty items, they must be securely packed in the original packaging (if you still have it) to prevent further damage when they are returned to us. The products should be returned to our distribution partner.
• Our distribution centre will inspect the goods.
• If, after review of your claim (and inspection the produce has been returned to us), the product is damaged or faulty when delivered to you, we will refund you the delivery cost of returning the product to us.
• A refund of the price you paid for the product will only be issued if we cannot repair or replace the goods (unless you are a consumer where you have the right to a refund for faults that occur within 30 days from delivery if you choose – see Consumer legal rights section below).
• We will refund the costs you paid for the original delivery of the products to you in your order but only standard delivery costs. We will not refund any extra you paid for express delivery or delivery at a particular time.

We reserve the right to refuse a repair, refund, or exchange if we believe the product has been tampered with, or damaged on purpose or the customer has simply changed their mind (consumers have the right to change their mind as detailed in the Undamaged product section below). Undamaged product (for consumers only) If you are a consumer, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it including delivery costs. In the unlikely situation you wish to return the product, please contact us as soon as possible. Please email support@leandesk.com. The product must be returned within 28 days of delivery and preferably within 5 working days of you informing us that you wish to return the product. You cannot change your mind about an order for goods that are made to your specifications, bespoke or are clearly personalised. You are responsible for the return delivery cost. The items must be securely packed in the original packaging to prevent damage when they are returned to us and so that they are in a fully resaleable condition. When the item is returned to our distribution centre, we will quality check and if the item is in a resaleable condition we will then issue a refund. If we receive damaged products back to our distribution centre, we have the right to refuse a refund or to discount the costs of repair or damage to the saleability. If your product is goods that you’re sending back to us, we will refund you within 14 days of receiving them back from you. We refund you by the method you used for payment. We do not charge an admin fee for the refund.

11. Guarantee (for both consumers and businesses)

We manufacture to the highest standards, our products are guaranteed for 5 years to be fit for purpose, of satisfactory quality, as described, and free from defects in design, workmanship and materials. We will repair the product free of charge if it does not meet this guarantee. If the product cannot be repaired, then we will replace the product. Consumers have additional rights on top of our guarantee – please see Consumers legal rights sections below. To make a claim please follow the link here or email support@leandesk.com.  We will ask for proof of purchase if the product was purchased through one of our approved partner retailers. If you are a consumer, this guarantee does not affect your legal rights if there is something wrong with your product. See Consumers legal rights section below. This guarantee does not apply to:

• products that have not been used in the correct conditions or locations, or if the applicable care guides have not been followed;
• damage caused by exposure to extreme temperatures. Products should be used or stored in ambient temperatures, not overly damp, dry, cold or hot which could affect the appearance or performance of the timber/bamboo;
• damage caused to the product if it has been stored in direct sunlight which could affect the colour or performance of the materials;
• accidental or wilful damage, fair wear and tear, or problems with the product caused by your or someone else’s negligence;
• you making any further use of the produce after you’ve told us it does not meet the guarantee;
• where the defect is because we have followed any drawing, design or specification supplied by you; or
• you alter or repair the product.

Your remedies if you are a business. Enforcing this guarantee will be your only remedy for breach of the guarantee. These terms shall apply to any repaired or replacement products supplied by us.

12. Consumers legal rights

For detailed information please visit the Citizen’s Advice Bureau or website www.adviceguide.org.co.uk. If you are a consumer, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

1. Up to 30 days: if your goods are faulty, then you can get an immediate refund or a replacement (your choice).
2. Up to 6 months: if your goods cannot be repaired or replaced, then you are entitled to a refund in most cases.
3. Up to 6 years: if your goods do not last a reasonable length of time, you may be entitled to get some money back.

If you wish to exercise these statutory rights, please notify us by contacting us via our website or emailing support@leandesk.com.

13. Suspending supply of the products

We can suspend the supply of a product. We do this to:

• deal with technical problems or make minor technical changes;
• update the product to reflect changes in relevant laws and regulatory requirements; or
• make changes to the product (see Product information section)

We will contact you in advance to tell you we’re suspending supply, unless the problem is urgent or an emergency. If we suspend the product for longer than four weeks we may adjust the price so you don’t pay for it while its suspended. If we suspend supply, or tell you we’re going to suspend supply, for more than eight weeks you can contact us on support@leandesk.com to end the contract and we’ll refund any sums you’ve paid in advance for products you won’t receive.

14. Withdrawing products

We can stop providing a product at any time. We let you know at least 14 days in advance and we refund any sums you’ve paid in advance for products which won’t be provided.

15. Ending our contract with you

We can end our contract with you for a product and claim any compensation due to us (including enforcement costs) if:

• you don’t make any payment to us when it’s due and you still don’t make payment within 7 days of our reminding you that payment is due;
• you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product; or
• you don’t, within a reasonable time, allow us to deliver the product to you.

16. We don’t compensate you for all losses caused by us or our products

• Our liability to consumers. We are responsible for losses you suffer caused by us breaking this contract unless the loss is:

• • Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
  • Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We’re not responsible for delays outside our control.
  • Something you could have avoided by taking reasonable action.
  • A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in the section Your rights if you are a business.

• Our liability to businesses. If you’re a business, then, except in respect of the losses described in Losses we never limit or exclude:

• • we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
  • our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100% of the total sums paid by you for products under such contract.

• Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:

• • death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
  • fraud or fraudulent misrepresentation;
  • breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
  • any matter in respect of which it would be unlawful for us to exclude or restrict liability.

• If you are a business, there are no implied terms about goods. Except to the extent expressly stated in Guarantee section, we exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.

 

17. Data Protection and Privacy

How we use any personal data you give us is set out in our Privacy Notice: https://www.leandesk.com/privacy

18. Governing Law

These terms and conditions are governed by English Law, you agree to submit to the exclusive jurisdiction of the English courts in relation to any disputes arising under or in connection with these terms and conditions or the contract between us.

19. Severance

If one or more of these Terms and Conditions is found to be unlawful, invalid, or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

20. Notices

Unless otherwise expressly stated in these terms and conditions, all notices under this contract must be in writing by email.

21. Entire agreement

If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

22. Transferring the contract

• Transferring our contract with you, so that a different organisation is responsible for supplying your product. We’ll tell you in writing if this happens and if you are a consumer we’ll ensure that the transfer won’t affect your rights under the contract. If you’re a consumer and you’re unhappy with the transfer you can contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you’ve made in advance for products not provided.

• You can only transfer your contract with us to someone else if we agree. However, you can transfer our guarantee to a new owner of the product. We can require the new owner to prove you transferred the product to them, for example by providing written proof of purchase to us. If you’re a business you need our agreement to transfer your contract with us and it’s entirely up to us whether we give it.

23. Third party rights

Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

24. No waiver

Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.