The Library Ladder Company Ltd.

1.These Terms

1.1  What these Terms Cover: These Terms contain the terms and conditions on which we supply the Products to you. Please read these Terms carefully before you accept these Terms (by ordering Products from us).

1.2  How to tell us about problems: If you have any questions, feedback, or complaints about the Products, please contact us to discuss using our contact details below.

Our contact details:

The Library Ladder Company Ltd, a company registered in England and Wales. Our company registration number is 11070367.

Registered office address: Rotunda Buildings, Montpellier Street, Cheltenham, Gloucestershire, GL50 1SX

Email address: info@llcompany.co.uk

2. Introduction

(a)  This website (Site) is operated by The Library Ladder Company Ltd, a company registered in England and Wales, with company registration number 11070367 (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for products (Products) through the Site or contacting us directly for a quote.

(b)  If you are using the Site on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.

(c)  Unless otherwise agreed between the parties in writing, any terms or conditions endorsed on, attached to, or contained in any purchase order, quote, confirmation of order or other document provided by you to us shall not apply to us or form part of these Terms.

3. Use of the Site

(a)  You accept these Terms by placing an order via the Site or making a payment on any quote issued by us to you in respect of our Products.

(b) You must not use the Site and/or place an order for Products through the Site unless you are at least 18 years old.

(c)  When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:

(1)  anything that would constitute a breach of an individual’s privacy (including uploading private or personal data without an individual's consent) or any other legal rights;
(2) using the Site to defame, harass, threaten, menace or offend any person.
(3) using the Site for unlawful purposes;
(4) interfering with any user of the Site;
(5) tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
(6) using the Site to send unsolicited electronic messages;
(7) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
(8) facilitating or assisting a third party to do any of the above acts.

 

(d)  All personal data that you give to us will be treated in accordance with our privacy policy. You can find our privacy policy at https://llcompany.co.uk/pages/privacy-policy.

4. Accounts

(a) You may purchase the Products from us without an account or you may choose to create an account with us. Some Products may only be purchased if you have created an account.

(b) You must ensure that any personal data you give to us when creating an account is accurate and up to date.

(c) It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.

(d) If you are creating an account on behalf of a business, you may create a trade account by submitting an application via this link: https://llcompany.co.uk/pages/the-trade-club-registration-form (Trade Account). You must provide us with the details we reasonably request in order to set up your Trade Account. We may, in our sole discretion, accept or reject an application for a Trade Account.

5.Orders

(a) You may order Products from us as set out on the Site. If you place an order for Products on our Site, you are making an order to purchase the Product(s) for the price listed on the Site (including the delivery fees or other applicable charges and taxes).

(b) It is your responsibility to check the order details, including selected Products, quantities, delivery details and pricing, before you submit your order through the Site. Once you submit an order successfully on the Site, a binding agreement is formed for the supply of Products to you in accordance with these Terms.

(c) When you order and pay on the Site and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, the delivery and billing addresses and a description of what was ordered.

(d) Please be aware that some of the products sold through the Site may not be suitable for children under 18 years old.

(e) All purchases made through the Site are subject to availability. We do our best to keep Products in stock and to keep the Site up to date with the availability of Products.

(f) We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the Products you order (for example for an event beyond our reasonable control) or if the Products ordered were subject to an error on our Site (for example they were out of stock or in relation to a description, price or image). We will contact you using the details you provided when you placed your order. You may choose to receive a refund or a store credit or to place your order on backorder. If you choose a refund or store credit, any delivery costs you have paid for the Products will be refunded to you. If you choose to place your order on backorder, we will contact you to arrange delivery once the Products are available.

6.Price and payments

(a) You must pay us the purchase price of each Product you order, plus any applicable delivery costs as set out on the Site (the Price) in accordance with this clause. All amounts are stated in pounds, being the currency of the UK from time to time, and are inclusive of value added tax (or any equivalent tax in the UK) (VAT), (where applicable).  

(b) You must pay the Price upfront using one of the methods set out on the Site.

(c) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.

(d) The payment methods we offer are set out on the Site. We may offer payment through a third-party provider, for example, Shopify Payments. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions. We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.

(e) We may, from time to time, issue promotional discount codes for certain Products on the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.

7. Supply of the Products

(a) In consideration of your payment of the Price, we will provide the Products in accordance with these Terms and all applicable laws, whether ourselves or through our personnel.

(b) We warrant to you that the Products will be provided using reasonable care and skill.

8. Bespoke Products

(a) You may request for us to manufacture or source bespoke products to your exact specifications, including (but not limited to) changes to size, design, mixing of colours, and materials (Bespoke Products).

(b) Where you place an order for Bespoke Products, you will be required to insert the specifications for your Bespoke Products into the Site when placing your order. Following receipt of your order, we will contact you to confirm the bespoke specifications and will follow up with a final order confirmation email.

(c) You agree to carefully review the product specifications for your Bespoke Products at the time of placing your order, and as set out in the final order confirmation email.

(d) Without limiting your consumer law rights (where applicable), it is your responsibility to ensure the product specifications that you provide to us relating to the Bespoke Products are correct and accurate and that you have considered these in light of any premises or location where you intend to use these Bespoke Products. Because the Bespoke Products are tailored for your specifications, you do not have a right to cancel an order for Bespoke Products for change of mind.

9. Delivery, title and risk

(a) We will deliver the Products to the delivery address you provide when making your order. We currently deliver to the areas set out on the Site. Please refer to the delivery information on the Site to ensure you are in our delivery area. If you are not in our delivery area please contact us to discuss delivery options. If we agree to deliver the Products outside of the UK, you may need to pay custom charges or taxes in addition to the Price.

(b) Our lead times for each Product are set out on the Product’s page on the Site. By placing your order, you acknowledge and agree that the Product will be subject to the lead times set out on the Site. You agree with us that any lead times or delivery timeframes set out on our Site are an estimate only. We will use our best commercial endeavours to deliver the Products to you within any agreed timeframes, but do not guarantee any delivery dates.  

(c) We deliver the products using a range of delivery methods. You may need to sign for some deliveries. If neither you nor your authorised representative is at the delivery address to accept delivery, you agree that we may leave the Products at your premises.

(d) Title to the Products will remain with us until you have paid the Price in full for the Products. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the Products.

(e) Where you purchase the Products as a business, risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order. Where you purchase the Products as a consumer, risk in the Products will pass to you when the Products have come into your physical possession.

(f) Without limiting your consumer rights (if you are a consumer), if there are any issues with your Order, you must inform us within 24 hours of your receipt of the delivery, so we can investigate the issue and work with you to find a suitable resolution.

10. Change of mind returns

(a) Where you purchase the Products as a business, we do not accept returns for change of mind.

(b) Where you purchase the Products as a consumer, subject to clause 10(c), you have 14 days after the day you (or someone you nominate) receive the Products, to change your mind and cancel these Terms. Where the Products are split into several deliveries over different days, you have until 14 days after the day you (or someone you nominate) receive the last delivery, to change your mind.

(c) When you don't have the right to change your mind: You do not have a right to change your mind in respect of:

(1) any Bespoke Products;
(2) Products you have damaged, or that are no longer in their original condition (including where you have removed any protective film on the Products, if applicable); and
(3) any Products which become mixed inseparably with other items after their delivery.

 

(d) Tell us you want to cancel these Terms: If you want to cancel or terminate these Terms and request a change of mind return, you should either contact us via email and/or use our website form, https://llcompany.co.uk/pages/request-to-return

11. Returning Products to us

(a) This clause 11 only applies to the extent you are exercising your right to change your mind as a consumer pursuant to clause 10(b).

(b) Returning Products after you cancel these Terms: If you cancel these Terms for any reason after the Products have been dispatched to you, you must return them to us within 14 days of telling us you wish to cancel these Terms.

(c) Costs of return: We will pay the costs of return:

(1) if the Products are faulty or misdescribed; or
(2) where there was an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

 

(d) Other than as set out above, in all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

(e) Deductions from refunds if you are exercising your right to change your mind: If you are exercising your right to change your mind and returning goods to us, we may reduce your refund of the Price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your mishandling or the mishandling by any courier provider used in returning the Products to us. If we refund you the Price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an amount equal to the reduction in the value of the Products.

(f) When your refund will be made: We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind under clause 10(b), your refund will be made within 14 days from the day on which we receive the relevant Products back from you.

12. Limitations on and exclusions to our liability

(a) Neither Party may benefit from the limitations and exclusions set out in this clause 12 in respect of any liability arising from its deliberate default.

(b) The restrictions on liability in this clause 12 apply to every liability arising under or in connection with these Terms including liability in statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise.

(c) Nothing in these Terms limits any liability which cannot legally be limited, including liability for:

(1) death or personal injury caused by negligence;
(2) fraud or fraudulent misrepresentation;
(3) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); and
(4) defective products under the Consumer Protection Act 1987.

 

(d) Subject to clauses 12(a) (no limitation in respect of deliberate default), and 12(c) (liability which cannot legally be limited), but despite anything to the contrary, to the maximum extent permitted by law, you waive and release us from and against any liability caused or contributed to by, arising from or connected with:

(1) any delay in the delivery of the Products to you, subject to us using our best commercial endeavours to deliver the Products to you within any agreed timeframes; and
(2) any installation, modification, alteration or tampering of the Products by you or a third party engaged by you.

 

(e) Subject to clauses 12(a) (no limitation in respect of deliberate default), and 12(c) (liability which cannot legally be limited), but despite anything to the contrary, to the maximum extent permitted by law:

(1) where you purchase a Product as a business, neither Party will be liable for any Consequential Loss. Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise;
(2) where you purchase a Product as a consumer, we only supply the Products for domestic and private use to consumers. Where you are a consumer and you use the Products for any commercial, business or re-sale purpose we will have no liability to you for liability involving any loss of profit, loss of business, business interruption, or loss of business opportunity;
(3) a party’s liability for any liability under these Terms will be reduced  proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of the other party, including any failure by that other party to mitigate its loss; and
(4) where you purchase a Product as a business, our aggregate liability for any liability arising from or in connection with these Terms will be limited to us resupplying the Products to you or, in our sole discretion, to us repaying you the amount of the Price paid by you to us in respect of the supply of the relevant Products to which the Liability relates.

 

(f) This clause 12(f) applies only to the extent that you have purchased Products as a consumer. Subject to clauses 12(a) (no limitation in respect of deliberate default) and 12(c) (liability which cannot legally be limited), but despite anything to the contrary, if either Party fails to comply with these Terms, neither Party will be responsible for any losses that the other Party suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.

(g) We have given commitments as to the compliance of the Products with these Terms and applicable laws in clause 7. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the maximum extent permitted by law, excluded from these Terms.

(h) Without limiting your right to cancel these Terms under clause 10(b) where applicable, but despite anything else to the contrary, to the maximum extent permitted by law, neither party will be liable for any liability caused or contributed to by, arising from or connected with any event or circumstance which is beyond its reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.

13. Intellectual property

(a) All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the Products) (Our Intellectual Property) will at all times vest, or remain vested, in us.

(b) We authorise you to use Our Intellectual Property solely in the manner in which it was intended to be used.

(c) You must not, without our prior written consent:

(1) copy (in whole or in part) any of Our Intellectual Property, or reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
(2) breach any intellectual property rights connected with the Site or the products.

 

(d) Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:

(1) you do not assert that you are the owner of Our Intellectual Property;
(2) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
(3) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
(4) you comply with all other terms of these Terms.

14. Content you upload

(a) We encourage you to interact with the Site and with us on social media! You may be permitted to post, upload, publish, submit or transmit relevant information, photographs and content (User Content) on the Site. We may run campaigns via the Site and via social media that encourage you to post User Content on social media and tagging our business profile or using specific hashtags (#ladderco #llcompany #llcohome).

(b) If you make any User Content available on or through the Site, including on social media using a Tag, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, publicly display, or otherwise exploit such User Content on, through or by means of the Site and our social media platforms. For the abundance of clarity, you acknowledge and agree that we may repost any of your User Content that you have made available to us on social media using a Tag.

(c) You agree that you are solely responsible for all User Content that you make available on or through the Site, including on social media using a Tag. You represent and warrant that:

(1) you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
(2) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site (including on social media) will infringe a third party’s rights (including intellectual property rights, or rights of publicity or privacy) or breach any applicable law or regulation.

 

(d) We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

15. General

(a) Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.

(b) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

(c) Contracts (Rights of Third Parties) Act 1999: Notwithstanding any other provision of these Terms, nothing in these Terms confers or is intended to confer any right to enforce any of its terms on any person who is not a party to it.

(d) Disputes: Where you are a consumer, if you are not happy with how we have handled any complaint, you may wish to resolve the situation through alternative dispute resolution. This is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You may contact the alternative dispute resolution provider we use. You can submit a complaint to The Centre for Effective Dispute Resolution via their website at https://www.cedr.com/. The Centre for Effective Dispute Resolution will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. Where you are not a consumer, neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).

(e) Entire agreement: Subject to your consumer law rights (if applicable), these Terms contain the entire understanding and agreement between you and us in respect of their subject matter. Each Party agrees that it will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.

(f) Governing law: These Terms are governed by the laws of England and Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in England and Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in the UK and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of the UK. If you access the Site from outside the UK, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.

(g) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

(h) Product Warranty: We may offer a product warranty for some Products.

(i) Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase products from a third party website linked from the Site, such third party provides the products to you, not us.

Last update: 13th December 2023