For the supply of services and goods to Consumer customers
If you are buying as a business (registered company or sole trader), please refer to our B2B Terms and Conditions of Sale.
Application and entire agreement
1 – These Terms and Conditions apply to the provision of goods and/or services detailed in our quotation (together, the “Deliverables”) by LBFG Ltd, a company registered in England and Wales under number 14105347, whose registered office is at Unit 78, Basepoint Business & Innovation Centre, Metcalf way, Crawley, RH11 7XX (“we”, “us”, or “the supplier”) to the person or business buying the goods and/or services (“you” or “the customer”).
2 – You are deemed to have accepted these Terms and Conditions when you accept our quotation, place an order, or when we begin performing any part of the Deliverables (whichever occurs first). These Terms and Conditions and our quotation (together, “the Contract”) constitute the entire agreement between us.
3 – You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us that is not set out in the Contract. These Terms apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate, or that are implied by trade, custom, practice or the course of dealing.
Interpretation
4 – a) A “business day” means any day other than a Saturday, Sunday or bank holiday in England and Wales.
b) “Consumer” means an individual acting for purposes wholly or mainly outside that individual’s trade, business, craft or profession.
c) “Contract” means the legally binding agreement between you and us for the supply of the goods.
d) “Delivery Location” means the address where the goods are to be supplied, as set out in the order.
e) “Durable Medium” means paper, email or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored.
f) “Goods” means the goods advertised on the website that we supply to you as set out in the order.
g) “Order” means your order for the goods submitted following the process set out on the website.
h) “Website” means our website www.lbfg.co.uk
5 – The headings in these Terms and Conditions are for convenience only and do no affect their interpretation.
6 – Words imparting the singular number shall include the plural and vice-versa.
Goods and Services
7 – We warrant that we will exercise reasonable care and skill in providing the Goods and/or Services, and that they will substantially comply with the quotation and any agreed specification in all material respects. We may make changes to the Goods or Services where necessary to comply with any applicable law or safety requirement, or to implement minor technical adjustments or improvements, and we will notify you if such changes are required.
8 – We will use our reasonable endeavours to deliver the Goods and/or complete the performance of the Services within the time agreed or as set out in the quotation. However, time shall not be of the essence unless specifically agreed in writing.
9 – Except where otherwise stated, the Terms and Conditions apply to the supply of both Goods and Services provided by us.
Your obligations
10 – You must, at your own cost, obtain any permissions, consents, licences, or other approvals that we reasonably require in order to supply the Goods and/or Services. You must also provide us with timely access to all relevant information, materials, specifications, drawings, models, data, properties, or other items that we reasonably need to perform our obligations under the Contract
11 – It is your responsibility to ensure that all drawings, CAD models, specifications, and other design data you provide to us are complete, accurate, consistent, and represent the latest approved version before we begin production or provide the Services. We are not responsible for verifying that the information supplied is up to date or that drawings, models and specifications match each other, unless we have expressly agreed and quoted to carry out such verification.
12 – If you fail to comply with clause 10 or 11, we may suspend or terminate the supply of the Goods and/or Services until the matter is resolved, and we shall not be responsible for any resulting delay, rework, or additional cost.
13 – We shall not be liable for any delay in, or failure of, performance of our obligations under the Contract to the extent that such delay or failure results from your failure to comply with this section (Your Obligations).
Fees and Deposit
14 – The fees (“Fees”) for the Goods and/or Services are set out in the quotation and are based on a time and materials basis unless otherwise stated.
15 – In addition to the Fees, we may recover from you:
a) reasonable incidental expenses, including but not limited to travel, accommodation, and subsistence costs;
b) teh cost of services provided by third parties that are necessary for the performance of the Contract (for example, subcontract machining, finishing, or courier services); and
c) the cost of any materials, consumables, or tooling required to produce the Goods or perform the Services.
16 – You must pay us for any additional work or variations request by you that are not specified in the quotation, at our then current applicable hourly rate or such other rate as we may agree in writing. The provisions of clause 15 also apply to these additional services.
17 – All Fees are exclusive of VAT and any other applicable taxes or levies, which will be charged at the prevailing rate.
18 – You must pay any deposit (“Deposit”) specified in the quotation at the time of accepting the quotation of before work commences, whichever occurs first.
19 – If you fail to pay the Deposit in accordance with clause 18, we may withhold the supply of the Goods and/or Services until payment is received or may terminate the Contract in accordance with the Termination clause.
20 – Unless otherwise stated in writing, all Deposits are non-refundable, as they cover costs incurred in preparing, scheduling, or procuring materials for your order. A Deposit will only be refundable if we fail to deliver the Goods and/or Services and such failure is solely to our fault.
21 – Where goods are custom-made, manufactured to order, or include bespoke tooling or design work, the entire value of the order (including any Deposit) becomes non-refundable once production has commenced, except where we are at fault.
Withdrawal, returns and cancellation
22 – We may withdraw, cancel, or amend a quotation if it is not accepted by you, or if the supply of the Goods and/or Services has not commenced, within 30 days from the date of the quotation (unless the quotation states otherwise or has been withdrawn earlier).
23 – For distance contracts, you have a legal right to cancel within 14 days without giving any reasons subject to the exceptions in clause 26.
24 – The right to cancel does not apply to:
a) goods made to your specifications or clearly personalised;
b) goods which are liable to deteriorate or expire rapidly.
25 – The right to cancel also ceases if goods become inseparably mixed with other items after delivery.
26 – To exercise the right to cancel, you must inform us of your decision to cancel the contract by a clear statement by email or post. You may use the cancellation form at the end of these terms, but it is not obligatory.
27 – You can also submit your cancellation electronically on our website. We will acknowledge receipt of your cancellation on a durable medium without delay.
28 – To meet cancellation deadline, it is sufficient for you to send your communication before the period expires.
Effects of cancellation
29 – If you cancel during the cancellation period, we will reimburse all payments received from you, including standard delivery costs. If you chose a more expensive delivery option, we will only refund our least expensive standard delivery cost.
30 – We may make a deduction of any loss in value of goods resulting from unnecessary handling by you.
31 – We will make the reimbursement without undue delay and in any event no later than:
a) 14 days after the day we receive the goods back; or
b) if earlier, 14 days after the day you provide evidence that you have sent the goods back; or
c) if no goods were supplied, 14 days after the day on which we are informed of your decision to cancel.
32 – We will make the reimbursement using the same means of payment you used for the initial transaction, unless you have expressly agreed otherwise.
Returning goods after cancellation
33 – If you have received goods in connection with a cancelled contract, you must return the goods to LBFG Ltd, Unit 78, Basepoint Business & Innovation Centre, Metcalf way, Crawley, RH11 7XX without undue delay and in any event not later than 14 days after you tell us you are cancelling.
34 – You will bear the direct cost of returning the goods unless we have agreed otherwise or the goods are faulty.
35 – The deadline is met if you send the goods before the 14-day period has expired. Please keep proof of postage.
Payment
36 – The price or fees are as shown on our website or quotation.
37 – All prices include VAT where applicable.
38 – For bespoke or made-to-rder goods or services, we may require full payment in advance before work begins.
39 – Deposits are non-refundable once production or development work has started, except where we fail to deliver due to our own fault.
40 – Where design, CAD, or software work is performed prior to manufacture, any hours spent are chargeable even if you later cancel production.
Termination
41 – We may terminate the supply of the Goods and/or Services immediately by written notice if you:
a) commit a material breach of your obligations under these Terms and Conditions and fail to remedy it (if remediable) within 14 days of being notified to do so; or
b) fail to make any payment due under the Contract on the due date for payment; or
c) become or, in our reasonable opinion, are likely to become insolvent, bankrupt, or subject to any insolvency proceedings; or
d) enter into a voluntary arrangement under Part I of the Insolvency Act 1986 or any other arrangement with your creditors; or
e) convene a meeting of creditors, enter into liquidation (voluntary or compulsory), have a receiver, manager, administrator, or administrative receiver appointed over your assets, or are otherwise subject to insolvency or similar proceedings.
42 – Termination of the Contract shall not affect any rights or obligations that have accrued prior to termination, including the right to recover outstanding sums or damages for breach.
Intellectual Property
43 – We retain ownership of all intellectual property rights, including copyright, design rights, and any other rights subsisting in any Goods, designs, drawings, CAD models, specifications, software, or other materials we create in connection with the Goods and/or Services.
44 – You shall not copy, reproduce, modify, or distribute any such materials without our written permission. We reserve the right to take appropriate legal action to protect our intellectual property rights.
45 – Ownership of such intellectual property may be transferred to you only if expressly agreed in writing, and subject to payment of an additional fee equal to twice the quoted price for the creation of that intellectual property (exclusive of any discount originally applied).
Liability and Indemnity
46 – Our total aggregate liability to you under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total Fees payable by you under the Contract.
47 – We shall not be liable for:
a) any indirect, special, or consequential loss, damage, cost, or expense;
b) any loss of profit, anticipated profit, business, data, goodwill, or reputation;
c) any failure or delay in performing our obligations caused by circumstances beyond our reasonable control;
d) any loss resulting from your failure to comply with your obligations under these Terms, including provision of correct or current information, specifications, or models; or
e) any loss arising from your choice of Goods and/or Services or how they are used
48 – Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other matter for which it would be unlawful to exclude or limit liability.
49 – Nothing in these terms and conditions shall affect your statutory rights as a consumer.
Shipping and Delivery
50 – Unless otherwise agreed in writing, all physical orders will be dispatched using a carrier service of our choosing.
51 – We reserve the right to use an alternative carrier to that quoted if circumstances require, provided the replacement offers an equivalent or higher service level.
52 – All orders will be delivered to the invoice address unless an alternative delivery address has been agreed with us in writing.
53 – Orders with a delivery address outside of the United Kingdom (Great Britain and Northern Ireland) shall ship:
a) under Incoterms® 2020 DAP (delivered at place) to the invoice address or agreed delivery address under clause 46; and
b) with transport insurance covering the full value of the parcel contents, excluding the cost of transport.
54 – If you do not accept delivery of the Goods, delivery will be deemed completed once all reasonable delivery options offered by the carrier have been exhausted. The following exceptions and provisions apply:
a) If the Goods are returned to us by the carrier at no cost to us, we may re-arrange delivery once you have contacted us, and all additional delivery charges shall be payable by you.
b) If the Goods are returned to us by the carrier and we incur any return, customs, storage, or handling charges, those costs will be added to your account and must be paid in full before re-delivery. We will then contact you to arrange a new shipment, again at your expense.
c) If the carrier is unable to complete delivery because you, your agent, or representative refuse the delivery, are not present at the agreed delivery address during the delivery attempts, or fail to respond to delivery notifications, the Goods will be deemed delivered after the carrier’s final delivery attempt. Any return, re-delivery, or disposal costs will be your responsibility.
d) If delivery fails because you have not paid any tax, duty, or fee due to the carrier or local customs authority, we will contact you to re-arrange delivery at your cost. See clause 47(a) regarding Incoterm rules.
e) If you refuse to pay the duty, fees, or taxes due after being contacted by us or the carrier, we may deem the Goods delivered and instruct the carrier to dispose of or destroy the shipment. You remain liable for any fees or charges incurred in doing so.
Data Protection and Privacy
55 – We process personal data in accordance with UK GDPR and our Privacy Policy.
56 – We act as data controller for consumer transactions and will collect, store and process personal data only as necessary to perform the contract or comply with the law.
57 – For privacy enquiries, please contact contact@lbfg.co.uk
Circumstances Beyond a Party’s Control
58 – Neither party shall be liable for any failure or delay in performing its obligations under the Contract due to causes beyond its reasonable control, including (without limitation) industrial action, civil unrest, fire, flood, storm, earthquake, terrorism, war, governmental restriction, epidemic, or other similar events.
59 – If such delay continues for more than 90 days, either party may terminate the Contract for the affected Goods and/or Services by written notice.
Communications
60 – All notices must be in writing and sent by email or post to the most recent contact details notified by one party to the other.
61 – Notices are deemed received when delivered by hand, when emailed without bounce notice, fire business day after first-class post, or ten business day after airmail.
No Waiver
62 – No delay, act, or omission by either party in exercising any right or remedy shall be deemed a waiver of that or any other right or remedy, nor shall it prevent further exercise of such right or remedy.
Severance
63 – If any provision of these Terms is found to be invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid and enforceable. If such modification is not possible, that provision shall be deemed severed and the remainder shall remain in full force and effect.
Law and Jurisdiction
64 – This Agreement and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales, and each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
Complaints
We aim to resolve all complaints promptly. Please email contact@lbfg.co.uk and we will respond with an appropriate solution within 5 working days.
Model Cancellation Form
To: LBFG Ltd
Unit 78, Basepoint Business & Innovation Centre
Metcalf Way
Crawley RH11 7XX United Kingdom
Email: contact@lbfg.co.uk
I/We [] hereby give notice that I/We [] cancel my/our [] contract for the supply of the following goods [] and/or services [].
Ordered on [] / received on [] ______________
Name of consumer(s): ________________________
Address of consumer(s): _____________________
Signature (only if notified on paper): _________
Date: __________
[] Delete as appropriate.