LNPG TERMS AND CONDITIONS
This page (together with the documents referred to in it) sets out the terms and conditions on which LNPG Limited supply the products and services listed on our website www.lnpg.co.uk (the “Site”) to you. Please read these terms and conditions carefully and make sure that you understand them, before making an application for membership to our Site (“Membership”).
You should understand that by making an application for Membership, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Upon joining LNPG, you will be provided a summary of these terms and conditions and will be asked for your agreement to be bound by them in order to complete the sign up process. Please understand that if you refuse to accept these terms and conditions, you will not be able to subscribe for Membership.
1 Information about us
We operate the website www.lnpg.co.uk. We are LNPG Limited, a company registered in England and Wales under company number 07746131 and with our registered office at Lyndale House, 24 High Street, Addlestone, Surrey KT15 1TN. Our VAT number is 156842879.
2 Membership Availability
2.1 In consideration of you paying the subscription fee, we will provide you with Membership to our Site which will allow you to receive specially discounted contract prices on products needed to refurbish, repair and maintain your rental properties. This discount can be used with the third party sellers listed on the Site from time to time (“Third Party Sellers”) and is subject to availability or any variations to the discount made by the Third Party Sellers. Please note you cannot place an order before joining LNPG and then expect the Third Party Sellers to honour the LNPG prices. All contracts prior to joining LNPG cannot be amended by the Third Party Sellers in favour of reduced prices.
2.2 The Site and Membership is only intended for use by people resident in the UK who are residential landlords. We do not accept Membership subscriptions from individuals who are not residential landlords and we will terminate any such Memberships without reimbursement.
2.3 We reserve the right to request satisfactory evidence of your status as a residential landlord which evidence will take the form of an upload of your portfolio of rental properties to be supplied to us prior to confirmation of your Membership.2
3 Levels of Membership
3.1 There are three levels of Membership of the Site dependent upon the number of properties owned by you and let to tenants. Your subscription fee will be based upon the level of Membership to which you qualify and may be subject to change, You must include your personal residential address.
The below prices are effective as of 1st March 2018.
Level 1 – Up to 3 properties – Annual fee £199.00 +VAT
Level 2 – 4 – 25 properties – Annual fee £299.00 +VAT
Level 3 – 26 plus properties – Annual fee £399.00 +VAT
3.2 The subscription fee is to be paid along with submission of your application for Membership. Payment for all Memberships must be by Direct Debit Recurring Subscription. Or via PayPal by an employee of LNPG.
3.3 Should you lose your Membership card we can provide a replacement card at a cost of £10
3.4 If you require an additional Membership card for your spouse we can supply that at a cost of £10
3.5 Rollover – a free rollover cannot be offered after your membership has lapsed for more than 14 days.
3.6 The Direct Debit Recurring Payments will only be used to cover Membership transactions such as Subscriptions, Renewal Fees, Membership Level Upgrades, and Re-joining Fees.
3.7 All of the above fees are subject to VAT at the rate prevailing at the time of the transaction.
4 Your status
4.1 By applying for Membership and paying the subscription fee, you warrant that:
4.1.1 You are legally capable of entering into binding contracts;
4.1.2 You are at least 18 years old;
4.1.3 You are a residential landlord currently letting residential properties;
4.1.4 All goods or services purchased are for use in connection with your own portfolio of rental properties and for use in your own home provided it is listed within your portfolio within your Membership Level and for no other properties;
4.1.5 You will produce your Membership card and other ID to any Third Party Seller when you place an order for goods or services;
4.1.6 You will not resell any goods so purchased;
4.1.7 You will not permit your Membership to be used by any third party to purchase goods or services for any properties other than those in your
portfolio of rental properties.
4.2 You are obliged to inform us forthwith in writing of:-
4.2.1 When you no longer let residential properties and therefore cease to be a residential landlord.
4.2.2 Any alterations to your portfolio of rental properties as and when they occur. Alterations to your portfolio must be uploaded to the Site though any changes in Membership level fees will only apply on your renewal.
4.3 You submit that the purchasing of products on LNPG’s preferential terms must be done only on the condition that the products are used in your own rental properties declared on the LNPG website owned by yourself.
4.3.1 LNPG and its partners reserve the right to request the difference in price between the LNPG price and retail/trade price be paid if the products have been purchased in violation of these terms and conditions. This includes but is not exclusive to: buying and reselling products; buying products for friends and family; and buying products for properties that are managed but not owned by yourself.
5 How the contract is formed between you and us
5.1 After submitting your application for Membership and payment of your subscription fee is received as required under clause 3.2 you will receive an e-mail from us acknowledging that we have received your application and you will then be issued with a unique membership number and password. The contract between us (“Contract”) will only be formed when we issue your unique membership number and password.
5.2 Once you have received your unique membership number and password you can then apply for an account with the Third Party Sellers – not all Third Party Sellers require you to have a credit account but where one is required the application process may take up to 10 days and you will be unable to buy on credit until your account is opened.
5.3 All application forms needed for Third Party Seller accounts are available on the Site in the Members’ Area. These forms must be used rather than the Third Party Sellers normal forms because they contain additional LNPG account information.
5.4 You must upload the evidence required in clause 2.3 using the Members’ Area of the Site. You should keep a copy for your own reference and for uploading variations to your portfolio,
5.5 The contract between us (“Contract”) will only be formed when we issue your Membership Card but:
5.5.1 Your Membership Card cannot be issued until clause 2.3 is satisfied
5.5.2 The Third Party Sellers discounts will not be applied to your account until your Membership Card is issued
5.5.3 You will not be able to access the Members’ Area of the Site.
5.5.4 Any pre-existing orders cannot be transferred to your LNPG status to facilitate the benefit of reduced prices.
6 Our Status
6.1 Please note that any orders for products or services are to be placed with the Third Party Sellers directly. The resulting legal contract is between you and that Third Party Seller and is subject to such terms and conditions that the Third Party Seller advises you of. You should carefully review their terms and conditions applying to your transaction with them.
6.2 We are not affiliated to the Third Party Sellers and are not a party to your contract with them. We do not give any warranty that any products or services you purchase from Third Party Sellers through our Site, or from companies to whose website we have provided a link on our Site, will be of merchantable or satisfactory quality or are suitable for the purposes you require and any such warranties are disclaimed by us
absolutely. This disclaimer does not affect your statutory rights against the Third Party Seller. If you would like information about your legal rights you should contact your local trading standards or citizens advice bureau.
7 Discount Guaranteed
7.1 Your Membership will result in you enjoying savings on products and services purchased through our Third Party Sellers. In the unlikely event that throughout a year the overall savings to you by purchasing products or services through our Site does not exceed the price of your Membership, then we will roll over the subscription fee to the next year.
7.2 The roll over is subject to your compliance with all of the following conditions:-
7.2.1 You produce evidence of purchase of the product or service; and LNPG TERMS AND CONDITIONS
7.2.2 You produce evidence that you have followed the advice given as to how to obtain your contract pricing; and
7.2.3 This is notified to us within 14 days of your Membership lapsing.
8 Termination of Membership
8.1 Your Membership will terminate immediately on the occurrence of the following events:
8.1.1 Upon the expiry of the Membership and no renewal being applied for;
8.1.2 When you cease to be a residential landlord as referred to in clause 4.2.1;
8.1.3 When you terminate the Membership by giving written notice to us to that effect; and
8.1.4 Upon a breach by you of any of your obligations contained herein. Any such breach will result in a lifetime ban for Membership for you and your
immediate family and any other known recipient.
8.2 On termination of your Membership for any reason any discount to which you might have been entitled under Membership will cease and any products bought from the Third Party Sellers from the date of termination will not have a discount applied.
8.3 On termination of your Membership pursuant to clause 8.1.2, you must return any Membership cards held by you or your spouse to us forthwith. In all circumstances your subscription fee or a proportion thereof will not be refunded to you.
8.4 You have the right to cancel your Membership without deduction within 14 days of joining LNPG provided you have not ordered and/or purchased any goods or services subject to the LNPG special prices or discounts. You must return your LNPG Membership Card before any refund can be given – we recommend your card is returned via a proof of delivery postal service so the card is signed for otherwise no refund can be given.
9 Our liability
9.1 Subject to clause 8.2, our entire liability to you will not exceed the amount of your Membership subscription.
9.2 Nothing in this agreement excludes or limits our liability for:
9.2.1 Death or personal injury caused by our negligence;
9.2.2 Fraud or fraudulent misrepresentation;
9.2.3 Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability; and
9.3 Subject to clause 9.2 above we will have no liability to you by reason of any representation (unless fraudulent) or any implied warranty condition or other term or any duty at common law for loss of profit or for any indirect special or consequential loss or damage costs expenses or other claims for compensation whatsoever arising under or in connection with these terms and conditions or the Contract.
10 Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other
communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to LNPG Limited at Lyndale House, 24 High Street, Addlestone, Surrey KT15 1TN or firstname.lastname@example.org . We may give notice to you at either the e-mail or postal address you provide to us when making an application for
Membership, or in any of the ways specified in clause 10 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was
sent to the specified e-mail address of the addressee.
It is your responsibility to ensure that our emails to you are delivered to your inbox and are not deleted by any SPAM filters. We use the following sender addresses to communicate with you: email@example.com and firstname.lastname@example.org. We recommend that you add these addresses to your email Address Book or white list. If you do unsubscribe to our mailings this will prevent you from receiving notification of special offers and promotions which will void your option to roll over at the end of your Membership.
12 Transfer of Membership
12.1 Membership of our Site is personal to you. You may not transfer, assign or otherwise dispose of your Membership, or any of your rights, privileges or obligations arising under it, without our prior written consent.
13.1 If we fail, at any time during the period of your Membership to insist upon strict performance of any of your obligations of Membership or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled hereunder, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
13.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
13.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of your Membership are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
15 Entire agreement
15.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us.
15.2 We each acknowledge that, in entering into the Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
15.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
15.4 Nothing in this clause limits or excludes any liability for fraud.
16 Our right to vary these terms and conditions
16.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
16.2 You will be subject to the policies and terms and conditions in force from time to time during the period of your Membership.
17 Law and jurisdiction
Any dispute or claim arising out of or in connection with the Site (including non-contractual disputes or claims) will be governed by English law and will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
18 Third party rights
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.