Welcome to the Leviathan Pits website (the "website"). By accessing and using the website, you acknowledge that you have read, understood, and agreed to be bound by these terms and conditions (the "Terms and Conditions"). Your use of the website constitutes your acceptance of these Terms and Conditions.

 

1. Use of the Website

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Any unauthorized or illegal use of the website is strictly prohibited. If you access the website from outside the United Kingdom, you must comply with all local laws and regulations regarding online conduct and acceptable content.

 

2. Content

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All content featured on the website, including text, graphics, logos, images, and software, is the exclusive property of Leviathan Pits or its content suppliers and is protected by UK and international copyright and trademark laws. By using the website, you agree not to reproduce, duplicate, copy, sell, or resell any part of the website without the express written permission of us, in compliance with all relevant UK legal statutes, including but not limited to the Copyright, Designs and Patents Act 1988 and the Digital Economy Act 2010.

 

3. Links and References to Third Parties

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The website may contain links and references to other websites that are not owned or controlled by Leviathan Pits. These links or references are provided for your convenience only and do not constitute an endorsement by Leviathan Pits of the content of these third parties. Leviathan Pits is not responsible for the content of any linked third-party websites and makes no representations or warranties regarding the accuracy or completeness of information provided by the third-party. If you choose to access third-party websites or information provided by the third-party, you do so at your own risk.

 

4. Disclaimer of Warranties

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The website and all content and materials on it are provided on an "as is" basis without any warranties of any kind, either express or implied. Leviathan Pits hereby disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Leviathan Pits does not guarantee that the functions contained on the website will be uninterrupted or error-free and will not be liable for any interruptions or errors.

 

5. Limitation of Liability

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Under no circumstances will Leviathan Pits be liable for any damages of any kind arising from the use of the website, including but not limited to direct, indirect, incidental, punitive, and consequential damages, in accordance with the provisions of applicable UK laws and statues.

 

We will not be liable for any loss or damage caused by us in circumstances where:

(a) there is no breach of a legal duty of care owed to you by us or by any of our directors, employees or agents;

(b) such loss or damage is not a foreseeable result of any such breach;

 

6. Company Information and Addresses
 

Leviathan Pits is a private limited company registered in England and Wales (company number: 14888970), with its registered office located at Bankside 300 Peachman Way, Broadland Business Park, Norwich, Norfolk, United Kingdom, NR7 0LB. This address is used for legal and formal correspondence.
 

For customer visits, inquiries, or the return of products, please use our operational address: Unit 19, Bryn Rodyn, Dolwen Road, Old Colwyn, Conwy, LL29 8UU, United Kingdom. This location houses our workshop and serves as the primary point of contact for our customers seeking to visit us in person or when sending items to us.

 

7. Products

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By placing an order through the website, you agree to enter into a legally binding contract with Leviathan Pits. Please note that all orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

 

Leviathan Pits retains the right to refuse any request made by you. If your order is accepted, we will inform you by email. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorised 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. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods. Leviathan Pits reserves the right to change the price of any product at any time. All prices are inclusive of VAT.

 

8. Cancellation, Returns and Warranties

 

Right to Cancel (UK Customers): Under the Consumer Contracts Regulations 2013, you have a 14-day period to cancel your purchase, starting from the day you or a designated third party takes possession of the goods. In compliance with aforementioned regulations, products must be returned in an unused condition, in their original unopened packaging and in the same condition as purchased from us.

 

Effects of Cancellation (UK Customers): We will refund all payments for standard items, including standard delivery costs, within the 14-day period. You will be responsible for the return shipping costs unless the item is faulty or not as described.

 

Exceptions: Custom-made products, created to your specifications, are exempt from the right to cancel during the 14-day cancellation period as per Regulation 28 of the Consumer Contracts Regulations 2013, due to their bespoke nature. This includes both the product and associated delivery charges.

 

Remedies for Faulty Goods:
 

• Within 30 days of receipt: You are eligible for a full refund if items are found to be faulty.

• First six months: You are entitled to a refund if a fault emerges, and the goods cannot be repaired or replaced.

• Six months to six years: You are eligible for a partial refund, component replacement or repair if the goods fail to last a reasonable length of time.

 

Repair of Faulty Items in Onerous Circumstances: If a fault occurs with an item and returning it to us for repair would be too onerous due to shipping constraints or the item's size, we commit to covering the legitimate costs of repair by a third-party, subject to prior approval and provision of an estimate. This term is designed to ensure fairness and practicality in the unlikely event of a fault, recognising the unique nature of bespoke and heavy items.

 

International Customers: The rights under the Consumer Contracts Regulations 2013 apply to UK customers. However, we strive to ensure customer satisfaction worldwide and will review international cancellation and return requests on a case-by-case basis. The cost and responsibility of returning items from outside the UK rest with the customer, unless the item is faulty or not as described. In such cases, we will work with you to find the most reasonable and practical solution for the return, refund or repair of the item.

 

B2B Purchases: For business-to-business sales, the purchasing process on our website remains the same as for consumer purchases. However, it's important for businesses to be aware of the specific legal distinctions that apply.

 

B2B transactions do not fall under the Consumer Rights Act 2015 or the Consumer Contracts Regulations 2013, which are designed for individual consumers. Instead, the Sale of Goods Act 1979 primarily governs B2B sales, ensuring that products sold are as described, of satisfactory quality, and fit for their purpose.

 

The automatic right to a 14-day cancellation period afforded to consumers does not apply to B2B transactions. Returns or cancellations for business purchases may be accepted at our discretion but are not guaranteed. We encourage business customers to contact us directly to discuss any concerns prior to making a purchase.

If products purchased by a business are found to be faulty, the remedies are as per the Sale of Goods Act 1979, focusing on the agreement at the point of sale; that they will meet their description, be of satisfactory quality, and be suitable for any purpose made known to us before purchase. Businesses should report any faults as soon as possible for assessment and resolution.

 

International B2B Sales: For businesses purchasing from outside the UK, please be aware that you are responsible for complying with local laws and regulations regarding import and use of our products.

 

If we are unable to supply you with a product, for example if it is not in stock or no longer available or because of an error in the price on our website, we will inform you of this by email and will not process your order. If you have already paid for the goods, we will refund you the full amount as soon as possible.

  

9. Shipping

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Shipping fees and delivery times will be determined based on the shipping destination and the size and weight of your order. Please contact us should you require assistance with large domestic or international shipments.

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We will provide you with a tracking number once your order has been shipped. Please note that we are not responsible for any delays caused by the shipping carrier.

Customs, Duties, and Taxes: International customers are responsible for any customs, duties, and taxes applicable to their order. These fees are not included in the purchase price or shipping costs, unless expressly stated, and must be paid by the customer upon receipt of the shipment. Please ensure the relevant due diligence has been performed prior to making international purchases to avoid any unintended fees.

 

10. Promotions, Contests, and Sweepstakes

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Leviathan Pits may offer promotions, contests, and sweepstakes through its website, social media pages, or other platforms. These promotions may have additional terms and conditions that will be made available at the time of the promotion. It is the responsibility of the participant to read and understand these additional terms and conditions before participating.

 

By participating in a Leviathan Pits promotion, contest, or sweepstake, you agree to release Leviathan Pits and its affiliates, officers, directors, employees, and agents from any and all liability for any injuries, loss, or damage of any kind arising from or in connection with the promotion, contest, sweepstakes, or acceptance, possession, or use of any prize or product.

 

Leviathan Pits is not responsible for any errors or omissions in the promotion, contest, or sweepstakes materials, or for any technical malfunctions of any website or platform. Leviathan Pits reserves the right to modify, cancel, or terminate any promotion, contest, or sweepstakes at any time without prior notice.

 

11. Governing Law

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These Terms and Conditions shall be governed by and construed in accordance with the laws of the United Kingdom. Any legal action arising out of or relating to these Terms and Conditions shall be filed only in the courts located within the United Kingdom, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

 

12. Severability

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If any provision of these Terms and Conditions is deemed unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

 

13. Changes to the Terms and Conditions

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Leviathan Pits reserves the right to revise these Terms and Conditions at any time and for any reason. It is your responsibility to check the website periodically for any changes to the Terms and Conditions.

 

Last updated: February 25, 2024