Terms and conditions of use
This website is owned and operated by Mr Noel Dumortier, Sole trader in the United Kingdom and trading under the name LeChacal.com. This document governs your relationship with LeChacalShop.com. Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason lechacalshop.com is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Lechacal.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Lechacal.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Lechacal.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with Lechacal.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Lechacal.com retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Lechacal.com or may in some cases be a third party. Where a contract is made with a third party Lechacal.com is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
All orders sent outside of the UK are shipped on a DDU (Delivery Duty Unpaid) basis and may be subject to local customs import duty which is charged on the value of the purchase. Payment of these fees is the sole responsibility of the customer.
Payment of the duty charge is necessary for the release of your order from customs on arrival to your country
Unless otherwise specified, our products are covered by a 3 month product warranty for failures due to manufacturing defects.
Product liability is not applicable for products used outside of the manufacturers intended application / operating conditions. Unless otherwise explicitly stated, no products on this website are approved for use in safety critical applications. Product liability does not extend to goods sent outside of the EU, do not order from us if this is unacceptable to you.
Valid claims under our warranty will at the discretion of LeChacal.com be refunded, repaired or replaced. Products should not be returned without first contacting LeChacal.com and include a brief reason for return. The purchaser shall ensure that any returned goods are suitably packaged and carriage paid and include any associated parts.
We cannot be held liable for consequential damage to other products should any item purchased prove to be faulty or sent in error. You are recommended to physically check any component purchased including markings, size, performance etc.. prior to use in case of a picking error on our part. Any claims for goods sent incorrectly must be notified in writing to LeChacal.com within 28 days of order receipt.
(f) Returns Policy
Business Customers: This returns policy does not apply to purchases made on behalf of a business where returns for unwanted goods can only be made after prior agreement of LeChacal.com.
Your rights as a consumer to return goods are protected under the EU Distance Selling Directive (DSR). You may cancel an unwanted order in writing for a refund (excluding any optional shipping insurances) within 7 days following the day of receipt of the goods purchased. Cancelled goods must be returned at the purchasers expense as soon as practicable following the notification of cancellation. Goods should be returned with their original packaging along with a copy of the invoice provided at the time of purchase. Any item damaged whilst being evaluated for their suitability will no longer be covered under the DSR's. Our returns policy excludes any product especially ordered in (defined as not being listed on the Technobots website) or the item being identified on the website as a 'Special Order Item'). Products listed as a non-stock item with an origin from outside the UK also fall outside of the requirements of the DSR's as their pricing is subject to change due to fluctuations of the $/£ exchange rate. Any item especially modified by LeChacal.com to the customers specific requirements are not covered by the DSR's, an example of this is the custom boring and or tapping of transmission components.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Lechacal.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Lechacal.com's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Lechacal.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Lechacal.com.
You agree to indemnify, defend and hold harmless Lechacal.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
Lechacal.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Lechacal.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Lechacal.com.