Lynton Lasers Ltd issues a copy of our current trading Terms & Conditions with every quotation that is requested. Placement of an order confirms that you agree and accept our conditions. A copy of our TERMS & CONDITIONS is available upon request, however, please always refer to the copy attached to your quotation for the latest version.
Data protection is changing and in May 2018 the EU’s General Data Protection Regulation (GDPR) will come into force. Although the UK will subsequently be leaving the EU due to the Brexit vote, Article 50 was triggered on March 29th 2017 meaning the UK must adhere to the GDPR changes.
GDPR will be Europe’s new framework for data protection law and will replace the previous 1995 directive. It is designed to harmonise data privacy laws across Europe whilst giving greater protection and rights to individuals as well. This is meant to be a step change in protection and is required due to the amount of digital information we now create, capture and store. You can read more in-depth information about GDPR on the Information Commissioner’s Website.
All Companies are affected by GDPR if they are ‘controllers’ or ‘processers’ of personal data. Personal data broadly means any piece of information that can be used to identify a person; for example, a name, address, IP address, email and the list goes on.
At Lynton, to ensure we provide a comprehensive service through legitimate business links we maintain a Customer Relationship Database (Microsoft Dynamics CRM system) and as such hold very basic information about you. Typically,
Name and business name
Contact information including email address and telephone number
Geographic information such as business/home address
Other information relevant to customer surveys and/or offers
We will have obtained this information from you during a business transaction, phone call or meeting with you at a networking event, conference, exhibition or similar Business to Business event. We also use cookies on our website in order to understand user behaviour to help improve our site.
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
Internal record keeping.
We may use the information to improve our products and services.
We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
Under Article 17 of the GDPR individuals have the right to have personal data erased. Although Lynton will have only ever attained your personal data organically (direct conversation/enquiry), you, of course, have the right ‘to be forgotten’. This means, at your request, we will delete all personal data attributed to you from all of our internal databases.
You may choose to restrict the collection or use of your personal information in the following ways:
Whenever you are asked to fill in a form on the website, look for the options that you can click to indicate how you want to be contacted in the future.
If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at info@lynton.co.uk
If you would like your data to be removed at any time please info@lynton.co.uk or write to us at Lynton House, Unit 9D, Manor Lane, Holmes Chapel, Cheshire, CW4 8AF
We will never sell, distribute or lease your personal information to third parties.
You may change your mind and cancel your order within FOURTEEN (14) working days after the dispatch of your goods. If you choose to cancel your order you must do so in writing and failure to communicate your cancellation in writing to the company (Lynton Lasers Ltd) within 14 days of the transaction being made will not be eligible for a full refund.
In the event that you are eligible for a refund, the company (Lynton Lasers Ltd) will refund the purchase price paid for the goods & associated cost incurred in delivering the goods to you.
If you choose to cancel your order you will be expected to return the goods in your order to us in perfect condition. The company (Lynton Lasers Ltd) will NOT refund the return delivery charges (cost for returning goods to us) and if you fail to return goods to us we may charge you for the cost incurred in collecting them from you.
Bookings | We ask that all bookings (including any voucher bookings) be made online or by giving your bank card details at the time of booking the training course. Full payment of the course is required a week before the training course or at the time of booking to secure the place.
Cancellation of your place | please note that an administration fee of £30 may be made against your card for processing any rescheduling or cancellation.
Two months before the meeting – 90% refund available
One month before the meeting – 75% refund available
14 days before the meeting – 50% refund available
7 days before the meeting – 10% refund available
Discounts Please note a £40.00 monetary discount is available for those individuals booking more than one Lynton training course. Subject to T & Cs.
“Company”: Lynton Lasers Limited of registered office address Lynton House, Manor Lane, Holmes Chapel, Cheshire, CW4 8AF with registration number 02956199 and any member of its Group;
“Confidential Information”: any information supplied by either party to the other party which at the date of supply is not within the public domain;
“Contract Price”: the sum payable by the Customer for a Product or Services;
“Customer”: the person, firm or company to whom a Quotation is addressed or by or on behalf of whom an Order is placed;
“Group”: means the Company and any of its subsidiaries;
“Indemnity Amount”: the amount for which the Company is insured under the Indemnity Policy in respect of any claim by the Customer;
“Indemnity Policy”: the Company’s professional indemnity insurance policy for the time being in force;
“Intellectual Property Rights” or “IPR”: means all trademarks, logos, get-up, trade and business names, domain names, patents, copyright (including copyright in computer programs), database rights, design rights, registered designs, utility models, semi-conductor topography rights, inventions (whether patentable or not), know-how, moral rights, commercially confidential information and all other intellectual property and rights of a similar or corresponding nature in any part of the world, whether or not registered or capable of registration, in respect of such rights which are registrable the right to apply for registration and any and all applications for registration and any renewals or extensions of any of the foregoing rights;
“Invoice”: the invoice for payment made by the Company in respect of Products or Services;
“Order”: the written request by the Customer for a Product or Services.
“Order Acknowledgment”: means the confirmation of acceptance of a Customer’s Order;
“Product”: any item produced or manufactured or supplied by the Company as detailed in an Order Acknowledgment;
“Quotation”: the written quotation by the Company in respect of the Product or Services;
“Specification”: the detail/s of a Product or Services as detailed in the Order Acknowledgment;
“Services”: any Services provided by the Company as detailed in the Quotation;
and
“Specified Period”: the agreed period for the delivery, installation and/or commissioning of a Product or for the performance of the Services.
2.1 Unless otherwise specifically agreed in writing by a duly authorised officer of the Company these are the only terms the Company is prepared to deal with the Customer and they shall govern any contract for an Order the entire exclusion of all other conditions. The Customer waives any right which it might otherwise have to rely on its terms and conditions.
2.2 No Order by the Customer shall be binding upon the Company until it has been accepted in writing by the Company and the Company issues the Customer with an Order Acknowledgment.
2.3 The Company can, after accepting the Order, in its absolute discretion make changes, modifications or substitutions to the Specification provided that such changes, modifications or substitutions do not materially diminish the overall performance of the Product or the overall standard of the Services.
2.4 The Company will use its reasonable endeavours to procure the delivery, installation and/or commissioning of the Product at the agreed site or the performance of the Services within the Specified Period provided that the Customer shall do all acts reasonably necessary to facilitate the delivery, installation and/or commissioning of the Product or the performance of the Services, and the Company shall not be liable for any delay or additional costs or expenses occasioned by any default of the Customer.
2.5 Where the installation or commissioning of the Product is to be carried out by the Company the Customer shall not remove the primary packaging from the Product other than with the written authorisation of the Company.
2.6 The Customer shall at its own expense prepare and provide all proper accommodation and facilities to a standard agreed with the Company including but not limited to proper environmental conditions for the Product or Services.
2.7 If the Company notifies the Customer that, for whatever reason, it will be or has been unable to deliver, install or commission the Product or perform the Services within the Specified Period the Customer must within 7 days of such notification authorise, in writing, an extension of the Specified Period. If no such written authorisation is made the Company shall be entitled forthwith to terminate this Agreement and to render an invoice in respect of all works done and/or items supplied up to and including the date of such termination which the Customer will become immediately due for payment.
2.8 All delivery, installation, commissioning and performance dates are subject to change and time is not of the essence in respect thereof.
3.1 No verbal quotation shall be binding upon the Company.
3.2 All Quotations will automatically lapse 3 calendar months from the date of such Quotation and the Company reserves the right to withdraw any Quotation without notice.
4.1 Upon acceptance of an Order by the Company the Customer will pay a non-refundable deposit equal to 10% of the Contract Price.
4.2 Immediately prior to delivery and installation the Company will Invoice the Customer the remaining 90% which is payable by return.
4.3 Unless otherwise agreed, payment of the Contract Price shall be in pounds sterling by electronic transfer (BACS or Faster Payment). Payment shall be deemed to take place upon clearance of the payment.
4.5 Any query as to the Invoice must be raised within 48 hours of the Invoice being issued by the Company.
The Customer will ensure that the Company’s employees, agents and/or contractors are provided with a safe working environment to operate in.
6.1 Nothing in clauses 6.2 to 6.19 shall have the effect of excluding or restricting the Company’s liability for death or personal injury resulting from negligence, fraud or such other liability which cannot be excluded at law.
6.2 The Company warrants that it will carry out the Services with reasonable skill and care and this shall be the only warranty given by the Company in respect of the Services. All other warranties and conditions implied by statute, common law or otherwise are hereby excluded.
6.3 The Customer must notify the Company in writing of any alleged breach in respect of the provision of the Services within 28 days of completion of the Services (unless the Customer proves that it could not, by the exercise of reasonable diligence, have discovered the breach within that period, in which case the Customer must notify the Company in writing within 7 days of the date when it could first reasonably have discovered the breach).
6.4 Upon receiving notification pursuant to clause 6.3 the Company shall have the right, at its absolute discretion to take such steps as are necessary to comply with its obligations under these terms and conditions (the Customer providing all necessary assistance.
6.5 The Company shall not be liable to the Customer for any loss of any kind which arises out of any breach in the provision of the Services, unless the Customer has notified the Company in writing of the breach within the period stipulated in clause 6.3, as to which time shall be of the essence.
6.6 For the purposes of clause 6.3 the Customer shall be treated as having accepted the Services notwithstanding any alleged breach in the provision of the Services.
6.7 The Company shall not be liable for any indirect, special or consequential losses (which, for the avoidance of doubt, shall in this Agreement include loss of profits) howsoever caused.
6.8 Any claim brought under these terms and conditions shall in any event be limited to the lesser of:
whichever is the lower.
6.9 The Customer hereby indemnifies the Company against any loss or damage claimed against the Company by any third party to the extent that any such loss or damage exceeds the limit stipulated in clause 6.8.
6.10 The Customer warrants to the Company that all information provided by it for the purpose of the Services is full and accurate and any change in such information shall be immediately notified to the Company. Any loss or damage resulting from the reliance by the Company upon such information shall be the responsibility of the Customer.
6.11 Subject to clause 6.13 the Product and any components, spares and accessories supplied by the Company are warranted against defects in workmanship and materials for a period of 12 months from the date of despatch by the Company (or from the date of despatch by the supplier or suppliers of such components or spares or accessories, in the event that the same are despatched direct to the Customer from such supplier or suppliers). This shall be the only warranty given by the Company in respect of the Product and any components, spares or accessories. All other warranties and conditions implied by statute, common law or otherwise are hereby excluded to the extent that the law permits. For the avoidance of doubt the Company in particular gives no warranty that the Product conforms to any specification or is fit for any specific purpose or treatment and treatment outcomes may be subject to minor biological intolerance/s.
6.12 The Company shall at its option either replace, repair or issue a credit note to the Customer for any Product or components, spares or accessories found to be defective by reason of poor workmanship or faulty materials.
6.13 The Company shall be under no obligation to take any action under clause 6.12 unless:
iii. examination of the goods by the Company discloses to its satisfaction that such defects exist and have not been caused by mishandling, misuse, neglect, improper installation, improper repair, insufficient or inadequate or improper maintenance, or by alteration or accident (the Customer being liable to pay to the Company the cost, as certified by Company, of the examination of any goods in respect of which the Company does not accept liability under this paragraph)
6.14 In relation to hand piece optics and flash lamps, which are consumable items, the period of thirty (30) days shall be substituted for the period of 12 months stipulated in clauses 6.11 and 6.13(i)
6.15 Degradation of optics or crystals from prolonged exposure to short ultraviolet wavelengths and continued general product maintenance and/or calibration shall not be considered a defect for the purposes of these terms and conditions.
6.16 Realignment and cleaning of lasers and re-polishing of laser rods is not covered under the warranty and this service will be charged for whether during the warranty period or otherwise.
6.17 Other than as is provided for in clauses 6.12, 6.13 and 6.14 above the Company shall have no liability whatsoever to the Customer in relation to any defects in the Product, or in any components, spares or accessories, and in particular the Company will not be liable for the return of the Contract Price, for any costs incurred for the shipment of defective components or for any indirect, special or consequential losses (including loss of profit).
6.18 Warranty repairs will be carried out at the premises of the Company or such other premises as shall be decided by the Company in its absolute discretion. No Product or part of Product should be returned to the Company without the prior written authorisation of the Company.
6.19 Product or Product parts repaired or replaced under this warranty are warranted only for the remaining unexpired portion of the original warranty period which was applicable to the repaired or replaced equipment.
6.20 This warranty does not cover any defects which have been caused by operator error, any failure to operate the Product/s in accordance with the instruction manual, mishandling, misuse, neglect, improper installation, improper repair, insufficient or inadequate or improper maintenance, or by alteration or accident, or which arise for whatever reason at any time after modification, repair or attempted repair of the equipment by persons other than the Company or an authorised agent of the Company.
6.21 The Company accepts no liability whatsoever arising from the use to which the Product is put or from the non-use or attempted use thereof or for the consequences arising therefrom.
7.1 Confidential Information shall not be disclosed to any third party other than with the written consent of the party from whom such Confidential Information was obtained and the party to whom such information belongs, save that where the Company employs 3rd party contractors or obtains independent advice or assistance in relation to any Services or Product it shall be entitled to make such disclosure of Confidential Information as it deems necessary in the performance of any Order and shall take reasonable steps to ensure that any Confidential Information is kept confidential by such person.
7.2 Neither party shall without the consent of the other party use the name of the other in any publicity material.
All reports drawings advice and other information prepared by the Company and/or provided to the Customer shall be the property of the Company, and the Customer shall be entitled to have the use of the information contained therein only for those purposes referred to in Clause 10 subject to the other clauses herein contained.
Unless otherwise agreed in writing all ancillary equipment which are purchased or otherwise provided in connection with or for the purpose of carrying out any Services or the manufacture and installation or commissioning any Product (whether by the Customer or the Company) are the property of the Company.
10.1 All IPR arising from any Services or relating to any Product remain the property of the Company and the Company grants to the Customer a royalty-free, non-exclusive right to use such IPR only in relation to the utilisation of the Product and/or Services or for those purposes notified to the Customer in writing.
10.2 The Customer warrants and indemnifies the Company that any Services which it requests from the Company to undertake or any Product which it requests the Company to supply (and in particular but not limited to any Services undertaken or Product manufactured by the Company in connection with the use of information designs or drawings supplied by the Customer) shall not infringe the Intellectual Property rights of any third party.
11.1 The Company shall have the right to terminate this Agreement by serving written notice of termination forthwith upon the happening of any of the following events:
11.2 In the event of termination under this clause 11 the Company retains any rights and remedies available to it.
11.3 Without prejudice to its rights under this clause 11 the Company may suspend any Services on occurrence of any of the events referred to in 11.1.
12.1 Ownership of the Product or of any reports provided pursuant to the Services or of any goods supplied by the Company to the Customer pursuant to an Order remain the property of the Company until the Customer has paid in full all monies owed by it to the Company under such Order.
12.2 The risk in the Product, Services or other goods or in the use of any documentation provided pursuant to the Services passes to the Customer on delivery of the same to the Customer or on behalf of the Customer.
13.1 Neither party shall be in default hereunder by reason of any delay in the performance of or failure to perform any of its obligations hereunder if such delay or failure is caused solely by strikes acts of God or the public enemy riots incendiaries interference by civil or military authorities compliance with governmental laws rules and regulations delays in transit or delivery inability to secure necessary governmental priorities for materials or any fault beyond its control or without its fault or negligence. Should Force Majeure subsist for a period greater than 3 months either party shall have the right to terminate the Services or the manufacture of the Product.
13.2 The headings to the clauses of this Agreement are for convenience only and shall be of no force or effect whatsoever in construing this Agreement.
13.3 No waiver of a breach by either party of any term of this Agreement shall be deemed to constitute a waiver of any other breach of the same or of any other term.
13.4 If either party is to process any Personal Data (as defined in the Data Protection Act 2018) on behalf of the other party, the parties agree that appropriate data protection clauses will be agreed between them. In any event, neither party shall under any circumstances transfer, or allow the transfer of, any Personal data outside of the European Economic Area unless previously authorised to do so by the other party. A breach of this clause 13.4 is deemed to be a material breach of these conditions.
13.5 If any clause or part of a clause in this Agreement shall be or become void or unenforceable for whatever reason the remainder of this Agreement shall remain in full force and effect and neither party shall be discharged from its obligations thereunder.
13.5 All correspondence reports and documentation concerned with or arising from this Agreement shall be in the English language.
13.6 This Agreement shall be governed and interpreted by the Laws of England regardless of the place of execution or the place of performance and the parties hereto submit to the exclusive jurisdiction of the English Courts.
13.7 The parties agree that these terms and conditions (together with any other terms and conditions expressly incorporated in writing in this Agreement) constitute the entire Agreement between the parties. The parties also acknowledge that no statement or representation made by either party has been relied upon by the other in agreeing to enter into this Agreement.
