1. These Online Sales Terms
1.1 What these Online Sales Terms cover. These are the terms and conditions on which we supply products to you if you order them via Ortlieb.com/uk_en.
1.2 Why you should read them. Please read these Online Sales Terms carefully before you submit your order to us. These Online Sales Terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
(a) you are an individual; and
(b) you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
Provisions specific to consumers only and those specific to businesses only are clearly labelled throughout these Online Sales Terms. By placing an order as a consumer, you have represented to us that you are an individual, over 18 years old.
1.4 If you are a business customer this is our entire agreement with you. 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 or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
1.5 If you are a retailer. If you are a retailer please contact us for details of how to apply for a trade account. If you already have a trade or work and rescue account with us, please contact us for details of our dedicated Business to Business websites.
2. Information about us and how to contact us
2.1 Who we are. We are Lyon Equipment Limited, Ortlieb’s UK and Ireland distributor. We are a company registered in England and Wales. Our company registration number is 03107118 and our registered office is at Units 3-7 Tebay Business Park, Old Tebay, Penrith, Cumbria CA10 3SS. Our registered VAT number is GB180979520.
2.2 How to contact us. You can contact us by telephoning our customer service team at 015396 26340 or by writing to us at email@example.com or at our registered office.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these Online Sales Terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product, or refund your payment should payment already be taken. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified. We also reserve the right not to accept your order for any other reason.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK. Lyon Equipment only facilitates orders from the UK and Northern Ireland. Unfortunately, we do not accept orders from addresses outside the UK or Northern Ireland.
4. Our products
4.1 Products may vary slightly from their pictures. The images of the products on the website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on the website.
4.3 Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct.
5. Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. Our rights to make changes
6.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements, such as new safety equipment standards; and/or
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes should not materially affect your use of the product.
6.2 More significant changes to the products and these Online Sales Terms. In addition, as we informed you in the description of the product on our website, we may make changes to the product (such as its colour), but if we do so we will notify you and you may then ontact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
7. Providing the products
7.1 Delivery costs. The costs of delivery of any goods will be as displayed to you on the website. Our delivery details are available here: https://www.ortlieb.com/uk_en/orderinfo
7.2 When we will provide the products. If the products you have ordered are goods, during the order process we will let you know when we expect that we will provide the products to you. Our delivery details are available here.
7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery our selected delivery carrier (Parcelforce) should leave you a note informing you of how to rearrange delivery or collect the products from an alternative location.
7.5 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we may contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10 will apply.
7.6 When you become responsible for the goods. A product will become your responsibility from the time we deliver the product to the address you gave us.
7.7 When you own goods. You own a product once we have received payment in full.
7.8 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your height, shoe size or weight. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.9 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements; or
(c) for any other reason at our discretion.
7.10 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than one week and we will refund any sums you have paid in advance for the product.
8. Your rights to end the contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought and whether there is anything wrong with it:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 12 if you are a consumer and clause 13 if you are a business;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you are a consumer and have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but you will have to pay the costs of return of any products; or
(d) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 8.6.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these Online Sales Terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one week; or
(e) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right as a consumer to change your mind (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Online Sales Terms and in our returns policy: https://checkout.ortlieb.com/gb-gb/en_GB/sec/returns/
NOTE: We need to a wording change on the above link to 30 days, instead of 21.
8.4 Our goodwill guarantee for all customers. Please note, our thirty day, no quibble Returns Policy reflects a goodwill guarantee offered by Lyon Equipment Limited to its UK customers, which is more generous than a consumer’s legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause 12.1):
Right under the Consumer Contracts Regulations 2013 How our goodwill guarantee is more generous
14 day period to change your mind. Thirty day period to change your mind.
8.5 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
(c) bespoke, made-to-order or modified products supplied to your specification;
(d) other products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(e) any products which become mixed inseparably with other items after their delivery; and
(f) any services already supplied, even if this is during the thirty day returns period.
8.6 How long do you have to change your mind? How long you have to change your mind depends on what you have ordered and how it is delivered.
Have you bought goods (for example, a Pannier)? If so you have 30 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 30 days after the day you (or someone you nominate) receives the last delivery.
9. How to end the contract with us (including if you have changed your mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by Phone or email. Call customer services on 015396 26340 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
If you are a Consumer exercising your right to change your mind, you can also contact us by post. Simply write to us at Lyon Equipment, Units 3-7 Tebay Business Park, Old Tebay, Penrith, Cumbria CA10 3SS, including details of what you bought, when you ordered or received it and your name and address.
9.2 Returning goods after ending the contract. If you end the contract for any reason after goods have been dispatched or prepared for dispatch to you or after you have received them, you must return them to us. You must post them back to us at Lyon Equipment Returns, Units 3-7 Tebay Business Park, Old Tebay, Penrith, Cumbria CA10 3SS.
9.3 When we will pay the costs of return. We will pay the costs of return if the products are faulty or misdescribed. In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
9.4 How we will refund you. If you are entitled to a refund under these Online Sales Terms and our Returns Policy we will refund you the price you paid for the products excluding delivery costs, by the method you used for payment.
9.5 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
(a) your refund will be made promptly and in any event within 14 days from the day on which we receive the product back from you. For information about how to return a product to us, see clause 9.2 and our returns policy: https://checkout.ortlieb.com/gb-gb/en_GB/sec/returns/
(b) In all other cases, your refund will be made promptly within 14 days of your telling us you have changed your mind.
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, personalisation details;
(c) you do not, within a reasonable time, allow us to deliver the products to you; or
11. If there is a problem with the product
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team on 015396 26340 or write to us at Lyon Equipment Limited, Units 3-7 Tebay Business Park, Old Tebay, Penrith, Cumbria CA10 3SS or email@example.com.
12. Your rights in respect of defective products if you are a consumer
12.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these Online Sales Terms or our Returns Policy will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example a Pannier, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your
product your legal rights entitle you to the following:
(a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
(b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
(c) Up to six years: if your goods do not last a reasonable length of time youmay be entitled to some money back.
See also clause 8.3
If your product is services, for example a training session, the Consumer Rights Act 2015 says:
(a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
(b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
(c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.
See also clause 8.2
12.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us. We will pay the costs of postage or collection if the products are defective or were misdescribed. Please call customer services on 015396 26340 or at firstname.lastname@example.org for help in returning a product.
13. Your rights in respect of defective products if you are a business
13.1 If you are a business customer we warrant that on delivery any products which are goods shall:
(a) conform in all material respects with their description and any relevant specification;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by us.
13.2 Subject to clause 13.3, if:
(a) you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 13.1;
(b) we are given a reasonable opportunity of examining such product; and
(c) you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
13.3 We will not be liable for a product's failure to comply with the warranty in clause 13.1 if:
(a) you make any further use of such product after giving a notice in accordance with clause 13.2(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
(c) the defect arises as a result of us following any drawing, design or specification supplied by you;
(d) you alter or repair the product without our written consent; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
13.4 Except as provided in this clause 13, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in clause 13.1.
13.5 These terms shall apply to any repaired or replacement products supplied by us under clause 13.2.
14. Price and payment
14.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the product you order.
14.2 We will pass on changes in the rate of VAT. 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 for the product in full before the change in the rate of VAT takes effect.
14.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
14.4 When you must pay and how you must pay. You must provide payment details when placing any order for products. We accept payment from all major credit and debit card providers and from Paypal. We will charge your credit or debit card or Paypal account immediately following check out of your order.
14.5 What to do if you think you have been charged the wrong amount. If you think the amount you have been charged for a product is wrong please contact us promptly to let us know.
14.6 Our right of set-off if you are a business customer. 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).
15. Our responsibility for loss or damage suffered by you if you are a consumer
15.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Online Sales Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987.
15.3 We are not liable for business losses. If you are a consumer we only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.
16. Our responsibility for loss or damage suffered by you if you are a business
16.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) 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
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
16.2 Except to the extent expressly stated in clause 13.1 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 are excluded.
16.3 Subject to clause 16.1:
(a) 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
(b) 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 the total sums paid by you for products under such contract.
17. How we may use your personal information
18. Other important terms
18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Online Sales Terms to another organisation. We will contact you to let you know if we plan to do this.
18.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Online Sales Terms to another person if we agree to this in writing.
18.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
18.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Online Sales Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Online Sales Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
18.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These Online Sales Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts only. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Status: May 2022