Terms and conditions

TERMS AND CONDITIONS OF SALE
These terms and conditions (together with any other policies or documents referred to in them) apply to your use of the website and to the online purchase of the products (Products) listed on our website www.carynx.uk (our site). Please read these terms and conditions carefully and make sure that you understand them before ordering any Products from our site.

1. ABOUT US
Carynx (London) Limited is registered in England and Wales under company number 07671200 and has its registered office at 311 Regents Park Road, London, N3 1DP, United Kingdom. Our VAT number is GB 125 82 42 23. The domain www.carynx.uk is operated by us.

2. AVAILABILITY
As we process your order, we will inform you by e-mail if any items are unavailable. Please note that the Products are not placed on order until you have completed the checkout process on our site.

3. ACCEPTANCE OF ORDERS
a. By placing an order through our site, you warrant that you are legally capable of entering into binding contracts and that you agree to be bound unconditionally by these terms and conditions.

b. In order to place an order, you will be required to provide complete and accurate personal details on the order form. This will include: title, surname, first name, email address, telephone number, delivery and invoicing address.

c. After placing an order, you will receive an e-mail from us acknowledging receipt of your order. Please note that this email is an acknowledgment and does not mean that your order has been accepted. Your order constitutes an offer to buy a Product on these terms and conditions of sale. All orders are subject to acceptance by us and we will confirm such acceptance by sending you an e-mail informing you that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.

d. The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

4. PRICE AND PAYMENT
a. Product prices in GBP (£) include VAT but exclude delivery charges. If the rate of VAT changes between the date of your order and the Dispatch Confirmation, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

b. Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

c. Payment for all Products must be by credit, charge or debit card. We accept payment with Visa, Visa Debit, MasterCard, Maestro, American Express and Diner’s Club cards. All orders placed are charged for immediately at the time of ordering.

d. All credit, charge and debit cardholders are subject to validation checks and authorisation by the card issuer. If your card issuer refuses to authorise payment, your order will be cancelled and we will not be liable for any delay or non-delivery. We are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of us processing of your credit/debit card payment in accordance with your order.

5. DELIVERY
a. Your order will be delivered during normal business hours if payment has been confirmed to the address supplied during our checkout process, and fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation unless there are exceptional circumstances. Please note that there are restrictions on the locations to which we deliver Products purchased on our site.

b. All deliveries are made from Carynx (London) Limited in the United Kingdom.

c. Deliveries made by courier require a signature on delivery. For this reason, it is not possible to deliver to a PO Box address or a hotel. For information concerning import duty and taxes outside of the United Kingdom, please see paragraph 8 below.

d. For orders placed in GBP (Great British Pounds):

i. Delivery within the United Kingdom:
Goods Value Delivery Charge
Up to £999.99 £10
£1000 and above Complimentary

ii. Delivery within the European Union (excluding UK):
Goods Value Delivery Charge
Up to £999.99 £15
£1000 and above Complimentary

iii. Delivery to the United States
Goods Value Delivery Charge
Up to £999.99 £20
£1000 and above Complimentary

iv. Delivery to all other countries
Goods Value Delivery Charge
Up to £999.99 £25
£1000 and above Complimentary

All orders are posted via courier and may require a signature on delivery.

6. RISK FOR DAMAGE AND OWNERSHIP
a. The Products will be your responsibility from the time of delivery. Therefore, if the packaging is damaged at the time of delivery, please check the package in the presence of the carrier in order to verify the condition of the Products. In the event of damage, please make a note on the delivery slip and contact customer services.

b. Ownership of the Products will pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

7. GUARANTEE
a. All Carynx products are guaranteed against manufacturing faults for five years from the date of purchase (this in no way affects your statutory rights).

b. This guarantee applies under conditions of normal household usage and does not apply to damage resulting from negligence, misuse, exposure, accidents or commercial usage.

8. IMPORT DUTY
a. Products from our site for delivery outside the UK may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

b. Please also note that you must comply with all applicable laws, regulations and taxes of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

9. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

10. NOTICES
All notices given by you to us must be given to Carynx (London) Limited at 311 Regents Park Road, London, N3 1DP, United Kingdom. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 9 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. 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.

11. TRANSFER OF RIGHTS AND OBLIGATIONS
a. The contract between you and us is binding on you and us and on our respective successors and assignees.

b. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

c. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

12. EVENTS OUTSIDE OUR CONTROL
a. 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 events outside our reasonable control (Force Majeure Event).

b. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

13. WAIVER
a. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

b. A waiver by us of any default will not constitute a waiver of any subsequent default.

c. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

14. SEVERABILITY
If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

15. ENTIRE AGREEMENT
a. These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

b. We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.

c. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

d. Nothing in this clause limits or excludes any liability for fraud.

16. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
a. We have the right to revise and amend these terms and conditions from time to time.

b. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

17. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

18. THIRD PARTY RIGHTS
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

19. LEGAL NOTICE
a. Terms of website use:

i. These terms and conditions and any other policies referred to in these terms and conditions (together with the documents referred to on them) apply to your use of our website www.carynx.com (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you agree to these terms of use and to abide by them. If you do not agree to these terms of use, please refrain from using our site.

ii. These terms and conditions do not affect your statutory rights as a consumer.

b. Accessing our site:
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice and without liability to you. From time to time, we may in our sole discretion restrict, suspend or change access to some parts of our site, or our entire site, temporarily or permanently to certain users.

c. Intellectual property rights
We are the owner and/or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

d. Our site changes regularly. We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

e. Our liability

i. The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby will not be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you or any other user on the our site and you hereby agree to be responsible for and indemnify us and keep us indemnified against all costs, damages, expenses, losses and liabilities incurred and/or suffered by Carynx as a result of any claim in respect of your use of our site.

ii. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

f. Viruses, hacking and other offences. Access to our web site is subject to the provisions of “the Computer Misuse Act 1990”.

g. Jurisdiction and applicable law

i. The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

ii. These terms of use and any dispute or claim arising out of or in connection with them or their 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.

h. Trade marks. The name and mark Carynx, all other Carynx related marks and all other Carynx related marks depicted in this site, whether registered or unregistered, are Trademarks or service marks of Carynx (London) Limited in England. Other Trademarks or service marks depicted in this site, whether registered or unregistered, are owned by Carynx (London) Limited or its subsidiaries or affiliates.

i. Variations. We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

20. SAFETY INFORMATION
These products are not toys and therefore unsuitable for children. Potential hazards include sharp or pointed components integral to the design and manufacture. All materials used in the manufacture, e.g. solders, adhesives, polishing and cleaning agents conform to British and EU standards.

Carynx (London) Limited, 2015 All Rights Reserved.