THESE TERMS AND CONDITIONS APPLY TO ALL PURCHASES OF PRODUCTS OR SERVICES FROM THIS SITE. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOUR PURCHASES.
This Lexmark site located at URL www.lexmark.com/en_gb.html (this “Site”) is owned and operated by
Lexmark International Ltd, Highfield House,
Foundation Park,
8 Roxborough Way,
Maidenhead, SL6 3UD
United Kingdom,
registered in the Trade Register of Cardiff under number 02567373
with VAT number GB 727324243
represented by László Szederkényi, and Steve Kendall-Smith
phone: 08000830837
email: ecomsupportemea@lexmark.com
(“Lexmark” or “Us”) and may be used to sell You products and/ or services by Lexmark.
If You have any comments or complaints regarding our services or in particular with regards to Your legal right for withdrawal as consumer (see section 4.), please contact Lexmark:
These Terms and Conditions shall apply to on-line offers, acceptances and/or contracts of sale made and/or entered into between Lexmark and any consumer or for commercial purposes or as a self-employed person as business customer (the “Customer” or “You”) accessing this Site and the purchase of products and/ or services by the Customer through this Site. Lexmark shall not be bound by any conflicting terms and conditions You may use unless expressly accepted by Lexmark in writing. By accessing the Site and/or placing an order, You agree to be bound by these Terms and Conditions.
Offers published by Lexmark on this Site are non-binding invitations to the Customer to order products and/or services. Any prices, quotations and descriptions made or referred to on this Site are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to Lexmark’s express acceptance of Your order (as described below). Promotional offers and prices are for a limited time.
While Lexmark makes every effort to ensure that items appearing on the Site are available, Lexmark cannot guarantee that all items are in stock or immediately available when You submit Your order. Lexmark may cancel or reject Your order if Lexmark is unable to process or fulfil it. Lexmark will refund any prior payment that You have made for that item.
An order submitted by You by clicking on the button “Buy now” constitutes an offer by You to us to purchase products and/ or services in Your shopping basket based on these Terms and Conditions and is subject to Lexmark’s subsequent acceptance.
Prior to such acceptance, an automatic e-mail acknowledgement of Your order will be generated. Please note that any such automatic acknowledgement does not constitute a formal acceptance of Your order.
Our acceptance of Your order takes effect and the contract is concluded at the point where (i) such offer is expressly accepted by us in form of an e-mail message or (ii) by us shipping all or part of Your order/commencing services (“Acceptance”).
We may keep records of orders received, acknowledgements, acceptances and other contract records for a reasonable period after Acceptance. We may be able to provide You with copies on Your request. Please contact the Lexmark Customer Support Hotline. However, Your order is subject to these Terms and Conditions in effect at the time You place Your order. You must make sure You print and retain a copy of all such documents and these Terms and Conditions for Your own records. The order process will be available in the English language.
The total invoice amount is due from the invoice date. If You are a consumer, we will hold Your credit at the point You submit Your order, however billing will take place at the time of physical shipment.
Payment for the products and/ or services shall be made by You by the payment methods as indicated prior to submission of Your order to Lexmark.
Lexmark reserves the right to offer You only certain methods of payment for the requested delivery, for example, Lexmark reserves the right to carry out the delivery requested by You only against certain methods of payment in order to secure the credit risk according to the respective creditworthiness.
Lexmark uses a third-party payment processor to process payment for the products and/or services. The processing of payments is subject to any additional terms, conditions, and policies of the payment processor which You may read and acknowledge during the payment process. Lexmark reserves the right to change or add third-party payment processors.
Invoices will be sent by e-mail in PDF format to the e-mail address provided by You when placing the order. Lexmark may invoice parts of an order separately.
Lexmark's standard pricing policy for Lexmark-branded products and/ or services applies to all orders. If You are a business Customer, Lexmark is not responsible for pricing, typographical, or other errors in any offer by Lexmark and reserves the right to cancel any orders resulting from such errors.
You represent that information provided by You when placing Your order is up-to-date materially accurate and is sufficient for Lexmark to fulfil Your order.
You are responsible for maintaining and promptly updating Your account information with us for accuracy and completeness and keeping such information (and any passwords given to You for the purposes of accessing the Site and/or purchasing products and/ or services) secure against unauthorised access.
Unless agreed otherwise or required by applicable law, any warranties provided in relation to products and/ or services only extend to You on the understanding that You are a user and, for business Customers, not a reseller of those products and/ or services.
If You are a business Customer and unless expressly stated otherwise in writing by Lexmark, the provisions of these Terms and Condition are in place of all warranties, representations, conditions, terms, undertakings and obligations which would otherwise be deemed to be, given or incurred by Lexmark or by a product manufacturer, licensor or supplier whether implied by statute (except as expressly provided for in these Terms and Conditions), common law, custom, trade usage, course of dealing or otherwise, all of which are hereby excluded by Lexmark to the maximum extent permitted by law.
WITHDRAWAL INSTRUCTION
The rights in this section 4 are only applicable if You are a consumer. The following cancellation rights are without prejudice to any other right You may have if the products and/ or services provided are defective.
You may withdraw orders for products which are physically delivered to You, or a third party other than the carrier and indicated by You, for any or no reason until 14 (fourteen) days from the day after the day which the product is delivered You by making a clear statement to Lexmark about Your decision to withdraw from the contract (see details of where to address Your notice of withdrawal above). Where You order multiple products in one order or a product is delivered in separate parts, lots or pieces, the cancellation period will expire 14 (fourteen) days from the day on which You acquire, or a third party other than the carrier and indicated by You acquires, physical possession of the last product, part, lot or piece that makes up Your order.
You may use the following model cancellation form in order to communicate Your decision to cancel, but You are not required to do so:
Model Cancelation Form
To: Lexmark International Ltd, Highfield House, Foundation Park, 8 Roxborough Way, Maidenhead, SL6 3UD, United Kingdom
E-mail address: ecomsupportemea@lexmark.com
I/We(*) hereby give notice that I/We(*) cancel from my/our (*) contract of sale of the following goods(*)/for the provision of the following service*, Ordered on(*) / received on(*)
Name of consumer(s),
Address of consumer(s),
Signature of consumer (only if this form is notified on paper)
Date
(*) Please delete if not applicable
If You wish to exercise Your rights to a refund under this section 4, You must return the products to the following address:
Also Nederland B.v.
Inundatiedok 18
3439 JJ Nieuwegein
The Netherlands.
CONSEQUENCES OF WITHDRAWAL
In the event of valid withdrawal we shall return the sums paid by You in relation to the affected products, including the delivery costs (with the exception of the additional costs resulting from the fact that You have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within 14 (fourteen) days from the day on which we received the notification of Your withdrawal from this contract. For this repayment, we will use the same means of payment that You used for the original transaction, unless expressly agreed otherwise with You; in no case will You be charged for this repayment. We may refuse repayment until we have received the products from You or until You have provided proof that You have returned the goods, whichever is the earlier.
If You withdraw an order for a product as described in this section 4, You must take reasonable care of the product and return it (and, wherever possible, all packaging and other materials which were provided with the product) to Lexmark at the address above within 14 (fourteen) days of the notice of withdrawal. The deadline is met if You send the goods before the end of the fourteen-day period. You will receive from us respective shipping documents and we will bear the costs of returning the goods.
You will be liable for loss or damage to the product if this loss is due to handling of products that is not necessary for checking the condition, properties and functioning of products.
END OF WITHDRAWAL INSTRUCTION
A right of withdrawal does not exist according to The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 for contracts for the delivery of products that are bespoke (i.e. made to Your specifications) or which are clearly tailored to the personal needs of the Customer. The right of withdrawal will also expire prematurely for contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal is removed after delivery and for contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal is removed after delivery.
Lexmark will only ship to locations within the UK. Delivery timescales/dates specified on the Site, in any order acknowledgement, acceptance or elsewhere are estimates only and are not
binding. While Lexmark endeavours to meet such timescales or dates, Lexmark does not undertake to dispatch products and/or commence services by a particular date or dates and if You are a business Customer, Lexmark shall not be liable to You in respect of delays or failure to do so.
Delivery shall be to a valid address submitted by You and subject to Acceptance (“Delivery Address”). You must check the Delivery Address on any acknowledgement or acceptance Lexmark provides and notify Lexmark without delay of errors or omissions.
If You are a consumer and no one is available at Your address to take delivery of the products, we will leave You a note informing You of how to rearrange delivery or collect the products from a local depot.
If You are a business Customer and order products and You refuse or fail to take delivery of products provided in accordance with these General Terms and Conditions, then any risk of loss or damage to the products shall nonetheless pass to You and without prejudice to any other rights or remedies Lexmark has: Lexmark shall be entitled to immediate payment in full for the products or services delivered and shall seek to make alternative delivery by whatever means Lexmark consider appropriate and/or will store products at Your risk.
If You are a business Customer, where Lexmark delivers products by partial shipments, any defect in any one or more shipments shall not entitle You to cancel the contract as a whole nor to cancel any subsequent shipment.
Save as otherwise provided in these Terms and Conditions risk of loss of or damage to the products, passes to You, if You are a business Customer on shipment of the product from Lexmark or its agent, or if You are a consumer, from the time we or our agent deliver the product to the address You gave us. You should notify Lexmark within 21 (twenty one) days of the date of Your invoice or acknowledgement if You believe any part of Your purchase is missing, wrong or damaged (however if You are consumer, this will not affect Your statutory rights in relation to damaged or faulty products or any other such rights). Shipping dates are estimates only.
Lexmark reserves title to delivered products until full payment of the purchase price.
Prices, delivery costs and payment terms are as stated on this Site at the time of Your order. Lexmark may offer You time-limited discounts.
Delivery is free of charge.
Prices include any applicable taxes, duties, levies or similar charges, such as applicable value added taxes (“VAT”), copyright and/or environmental levies. Lexmark does not currently offer a VAT refund system for foreign residents.
Lexmark reserves the right to change the information, products, services and/or prices published on the Site at any time. However, these changes will not affect orders for which You have already received an Acceptance from Lexmark.
Lexmark reserves the right to withhold deliveries until full payment in the event of any payment default by You, charge default interest at the legal rate, assess late charges, and recover any other losses resulting from Your default.
Where any product supplied is or includes software (“Software”), this Software is licensed by us or by the relevant licensor/owner subject to the relevant end-user license agreement or other license terms included with the Software (“License Terms”) and/or the product which are provided at https://support.lexmark.com/en_gb.html.
The Customer shall not attempt to copy, duplicate, sublicence, adapt, translate, distribute, vary, modify, disassemble, decompile or otherwise create derivative works from the Software, save to the extent that (i) this is permitted in the License Terms, or (ii) applicable law expressly mandates such a right which cannot legally be excluded by contract.
Save to the extent provided for in any applicable License Terms, where any Software is delivered to You in a stand-alone basis (for example on a CD-ROM and not embedded on a product) Your rights of return and/or to a refund under section 4 of these Terms and Conditions and any applicable returns policy do not apply in the event that You open the Software shrink-wrap and/or break the license seal and/or use the Software.
If You are a business Customer, except to the extent expressly provided by us in writing or under relevant License Terms, Software is provided 'as is' without any warranties, terms or conditions as to quality, fitness for purpose, performance or correspondence with description and Lexmark does not offer any warranties or guarantees in relation to Software installation, configuration or error/defect correction. You are advised to refer to any License Terms with regards to determining Your rights against a manufacturer, licensor or supplier of the Software.
Products may also be supplied with an additional guarantee regarding the performance of the product. For details of the applicable guarantee, please see Lexmark´s Limited Commercial Guarantee as specified for each product in the product description on the Lexmark country website available at https://www.lexmark.com/en_gb/terms-and-conditions.html and/or in the guarantee statement accompanying the Lexmark product when supplied. Please follow the instructions in the guarantee statement, if You have a problem with a Lexmark product during the applicable guarantee period or call the Lexmark Technical Support Hotline by dialling the telephone number stated therein.
This Lexmark guarantee is offered by Lexmark as a free-of-charge manufacturer guarantee and is in addition to any contractual, statutory or common law warranty that You may be entitled to.
If You purchase the products as a consumer the applicable statutory provisions shall apply. Advice about Your statutory rights is available from Your local Citizens' Advice Bureau or Trading Standards Office.
If You purchase the products for commercial purposes or as a self-employed person as a business customer, the warranty rights as provided by statutory law apply to You for twelve (12) months after delivery of the product, except to the extent that such warranty rights cannot be excluded by Lexmark by law.
If You are a consumer, You have legal rights in relation to products that are not as described, faulty or otherwise not fit for purpose.
If the product is defective You may contact Lexmark via the Lexmark Technical Support Hotline or via the Lexmark country website. Returns must be made in accordance with the instructions made by Lexmark and if You are a consumer, applicable consumer law requirements. If You are a business Customer, any return made otherwise will be regarded as null and void and will not give rise to any of the warranties at charge of Lexmark.
Lexmark may test the products after You return them and, if You are a business Customer, charge You for any costs Lexmark has incurred if Lexmark finds, in its sole discretion, that You have falsely claimed that the returned products are defective.
Nothing in these Terms and Conditions shall operate so as to exclude or limit the liability of either party for death or personal injury arising out of negligence, fraud or fraudulent misrepresentation by it or its employees, or for any other liability which cannot be excluded by law.
Subject to Section 10.1, under no circumstances shall the total aggregate liability of Lexmark to You (however arising) under or in relation to these Terms and Conditions, including (but not limited to) liability for breach of contract, misrepresentation (whether tortious or statutory), tort (including but not limited to negligence), breach of statutory duty or otherwise, exceed an amount equal to the fees paid by You for the affected products and/or services.
You shall take all reasonable steps to ensure Your data is backed up and can be reconstructed at reasonable expense. Any liability incurred by Lexmark as a result of Lexmark’s negligent loss of data shall be subject to this requirement to mitigate any such losses.
This section 10.4 shall apply to You if You are a business Customer.
Subject to section 10.1, Lexmark shall not be liable to You whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation (whether tortious or statutory), restitution or otherwise for any special, indirect or consequential loss, costs, expenses, charges or damage, or any loss of profits, loss of business, loss of contracts, loss of anticipated savings, depletion of goodwill, or loss of revenue, any wasted expenditure, or any loss or corruption of data (regardless of whether any of these types of loss or damage are direct, indirect or consequential) howsoever arising under or in connection with these Terms and Conditions even if Lexmark were aware of the possibility that such loss or damage might be incurred by You.
This section 10.5 shall apply to You if You are a consumer.
Save as set out in section 10.1, if we fail to comply with these Terms and Conditions, we are responsible for loss or damage You suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by You and us at the time that the contract between You and us for Your order became binding.
We are under a legal duty to provide You with products that are in conformity with the terms applying to Your order. Nothing in these Terms of Sale affects Your statutory rights. Advice about Your statutory rights is available from Your local Citizens' Advice Bureau or Trading Standards Office.
Lexmark fully respects the privacy of individuals who access and use the Site. Your personal data will be collected and used to fulfil necessary contractual obligations. For details on the way we use cookies, the type of information we collect, how and for what purpose we use Your information and under what circumstances we disclose information please see our Privacy Notice at https://www.lexmark.com/en_gb/privacy-policy.html.
Please note that our Privacy Notice is subject to change. To keep up to date with changes to the Privacy Notice, please read it before each order.
All text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software owned by Lexmark (and the compilation of such content), is the property of Lexmark, Lexmark International, Inc., and/or their content suppliers and is protected by intellectual property laws.
All marks, graphics, logos, page headers, button icons, scripts, service names, data compilations, and software not owned by Lexmark or Lexmark International, Inc. are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Lexmark or Lexmark International, Inc., or their content suppliers. Neither the Site nor any materials from the Site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, distributed in any form or by any means, or otherwise exploited for any commercial purpose without the prior written permission of Lexmark.
These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law, without application of the conflict of law principles thereof and of the 1980 U.N. Convention on the International Sale of Goods. The place of jurisdiction is London. If You are a business Customer, each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or their subject matter or formation.
If You are a consumer, You may bring any dispute which may arise under these Terms and Conditions to, at Your discretion, either the competent court of England, or to the competent court of Your country of habitual residence if this country of habitual residence is within the UK or is an EU member state, which courts are (with the exclusion of any other court) competent to settle any of such a dispute. Lexmark shall bring any dispute which may arise under these Terms and Conditions to the competent court of Your country of habitual residence if this is within the UK or is an EU Member State or otherwise the competent court of England.
If You are in the UK or an EU member state and we direct the Site to (and/or pursue our commercial or professional activities in relation to the Site in) the country in which You are resident, You will benefit from any mandatory provisions of the law of the country in which You are resident. Nothing in these Terms and Conditions affects Your rights as a consumer to rely on such mandatory provisions of local law.
Lexmark reserves the right to change these Terms and Conditions at any time. If Lexmark makes such changes, Lexmark will post the revised terms and conditions on the Site, along with the date of the revision. Any changes will apply only from the date of the revision to new contracts for the supply of products and/or services and not to orders which have been previously placed.
Lexmark shall not be in breach of these Terms and Conditions nor liable for delay in performing, or failure to perform, any of its obligations under these Terms and Conditions if such delay or failure results from events, circumstances or causes beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of Lexmark or any other party), failure of a utility service or transport or telecommunications network or the internet, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, pandemic or epidemic, or default of suppliers or sub-contractors (a “Force Majeure Event”). In such circumstances Lexmark shall be entitled to a reasonable extension of the time for performing such obligations, provided that if the period of delay or non-performance continues for ninety (90) days, either party may terminate these Terms and Conditions by giving thirty (30) days' written notice to the other party.
You shall not assign, transfer, charge, declare a trust over or deal in any other manner with these Terms and Conditions, or with any of Your rights or obligations under them, without the prior written consent of Lexmark.
Lexmark products and/or services are subject to export laws. Once Lexmark has delivered the products or provided the services to You, You are responsible for complying with all export regulations if You ship Lexmark products and/or services to countries outside of the United Kingdom.
If You are a business Customer, these Terms and Conditions constitute the entire agreement between Lexmark and Customer in relation to their subject matter; they replace and extinguish all prior agreements, collateral warranties, collateral contracts, statements, representations
and undertakings made by or on behalf of the parties, whether oral and written, in relation to the subject matter. Each party acknowledges that in entering into these Terms and Conditions it has not relied upon any collateral warranties, collateral contracts, statements, representations or undertakings, whether oral or written, which were made by or on behalf of the other party in relation to the subject matter of these Terms and Conditions (together "Pre-Contractual Statements") and which are not set out in these Terms and Conditions. Each party hereby waives all rights and remedies which might otherwise be available to it in relation to such Pre-Contractual Statements. Nothing in this Clause shall exclude or restrict the liability of either party arising out of its pre-contractual fraudulent misrepresentation or fraudulent concealment.
If You are a business Customer, no waiver of any provision of these Terms and Conditions shall be effective unless made in writing and signed by us. The failure to exercise, or delay in exercising, a right, power or remedy provided by these Terms and Conditions or by law shall not be construed as a waiver of that right, power or remedy. If a party waives a right, power or remedy arising as a result of a breach of any provision of these Terms and Conditions, this shall not operate as a waiver of any right, power or remedy arising as a result of any subsequent breach of that provision or any other provision of these Terms and Conditions. If You are a consumer, if we fail to insist that You perform any of Your obligations under these Terms and Conditions, 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.
Additional terms and conditions may be included with the products and/ or services purchased on this Site. You will be given the opportunity to acknowledge and accept them.
If any provision, or part of a provision, of these Terms and Conditions is found by any court or authority of competent jurisdiction to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Terms and Conditions and the legality, validity or enforceability of the remainder of the provisions of these Terms and Conditions shall not be affected, unless otherwise required by operation of applicable law.
The parties shall use all reasonable endeavours to agree within a reasonable time upon any lawful and reasonable variations to the Terms and Conditions which may be necessary in order to achieve, to the greatest extent possible, the same commercial effect as would have been achieved by the provision, or part-provision, in question and with no fundamental change to the bargain between the parties.
Lexmark shall have the right to subcontract the performance of its obligations under the agreement concluded with You to third parties.
If You are a business Customer, You agree and represent that the products and/or services supplied by Lexmark to You are for Your own internal use only, and not for resale or export.
Nothing in these Terms and Conditions is intended to, or shall be deemed to, establish or constitute any partnership or joint venture between the parties, create a relationship of principal and agent for any purpose between the parties, or authorise either party to make or enter into any commitments for or on behalf of the other party.
Any notice, consent, permission or other communication required to be given under these Terms and Conditions shall be in writing in English and shall be delivered by hand or sent by pre-paid first-class or recorded delivery post to the other party at its address set out in these Terms and Conditions, or such other address as may have been notified by that party for such purposes.
A correctly addressed notice sent by pre-paid first-class post or recorded delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post.
These Terms and Conditions are made between You and Lexmark. No other person shall have any rights to enforce any of its terms except for any person to whom the benefit of these Terms and Conditions is assigned or transferred in accordance with section 15.8.
Lexmark, July 2022
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