TERMS AND CONDITIONS OF SALE OF LOVE HOLLY LTD
1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Goods and/or Services from the Supplier;
1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 "Contract" means the contract between the Supplier and the Buyer for the sale and purchase of Goods and/or Services incorporating these Terms and Conditions;
1.4 "Goods" means the articles that the Buyer agrees to buy from the Supplier;
1.5 "Services" means the services that the Buyer agrees to buy from the Supplier;
1.6 "Supplier" means LoveHolly Ltd of Holgate House, 2 Cavendish Road, Birkenhead Park, Wirral, CH41 8AX (registered company no. 08497426) that owns and operates www.loveholly.co.uk
1.7 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Supplier;
1.8 "Website" means www.loveholly.co.uk
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods and/or Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
2.5 Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.
2.6 Any complaints should be addressed to the Supplier's address stated in clause 1.6.
3 PRODUCTS AND ORDERING
3.1 We have made every effort to display as accurately as possible the colours of our products that appear on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery.
3.2 All sizes and measurements are approximate, however we do make every effort to ensure they are as accurate as possible. Unless otherwise stated, sizes indicated are UK sizes. Please refer to the size guide for clarification.
3.3 We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. We reserve the right to refuse orders where product information has been mis-published, including prices and promotions.
3.4 Prices are subject to change without notice. Prices are inclusive of VAT (where applicable).
3.5 Goods are subject to availability. As there is a delay between the time when the order is placed and the time when the order is accepted, the stock position relating to particular items may change. If an item you have ordered becomes out of stock before we accept the order we shall notify you as soon as possible and you will not be charged for the out of stock items.
3.6 When you place an order on our website we shall email you an acknowledgement. Our acceptance of an order does not take place until dispatch of the order, at which point the purchase contract will be made and you will be charged.
3.7 Once you have checked out and your order has been confirmed you will not be able to make any changes to your order so please make sure that everything is correct before clicking the confirm button.
3.8 Any discounts triggered by the entry of a promotional code will not be applied until the order is accepted but will be detailed on the invoice.
3.9 We reserve the right to refuse an order. Non-acceptance of an order may, for example, result from one of the following:
* The product ordered being unavailable from stock
* Our inability to obtain authorisation of payment
* The identification of an error within the product information, including price or promotion
3.10 If there are any problems with your order we shall contact you. We reserve the right to reject any offer to purchase by you at any time.
3.11 We will take all reasonable care, in so far as it is within our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.
3.12 Where applicable, you may cancel your order in accordance with your rights under the Distance Selling Regulations.
4 PRICE AND PAYMENT
4.1 The prices shown on our website include any VAT (or similar sales tax) at the prevailing rate for which we are responsible as the seller. The amount you pay will be the price indicated plus any delivery charges. Please note that the recipient of any products shipped outside the European Union may also have to pay import duty or other taxes, fees and charges applied by customs or other authorities in the country of receipt. If you are unsure about whether these charges might apply to your order, you should contact your local tax or customs authorities. Please note when returning items that you may also have to pay custom charges where necessary.
4.2 The actual price charged to overseas customers will be subject to the exchange rate applied by the customer's credit or debit card company. Customers outside the United Kingdom will also be liable for any import duty, quotas, permits, product restrictions and other local requirements. You are advised to check latest applicable local requirements before placing an order.
4.3 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
4.4 After the order is received the Supplier shall confirm by email the details, description and price for the Goods and/or Services together with information on the right to cancel if the Buyer is a Consumer.
4.5 Payment of the price plus VAT and delivery charges, if applicable, must be made during the checkout process.
4.6 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of any Service or further deliveries of Goods until payment has been received.
4.7 We accept Visa, Visa Delta, Visa Electron, Maestro, MasterCard and Solo cards.
4.8 If you have paid on your debit or credit card you will only be charged once the goods have been dispatched to the delivery address. We will email you to confirm dispatch. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to, or does not for any reason, authorise payment then you will be notified of this immediately at the check-out stage.
4.9 The actual price charged to overseas customers will be subject to the exchange rate applied by the customer's credit or debit card company. Customers outside the United Kingdom will also be liable for any customs/import duty, quotas, permits, product restrictions and other local requirements. These charges must be paid by the recipient of the parcel. Customs policies vary widely from country to country, therefore you are advised to check the latest applicable local requirements in your country before placing an order.
5 PERFORMANCE OF SERVICES
5.1 The Supplier shall begin to perform the Services upon full payment.
5.2 The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.
6 RIGHTS OF SUPPLIER
6.1 The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
6.2 The Supplier reserves the right to withdraw any Goods and/or Services from the Website at any time.
6.3 The Supplier shall not be liable to anyone for withdrawing any Goods and/or Services from the Website or for refusing to process an order.
7 AGE OF CONSENT
7.1 Where Goods and/or Services may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods and/or Services.
7.2 If the Supplier discovers that the Buyer is not legally entitled to order certain Goods and/or Services, the Supplier shall be entitled to cancel the order immediately, without notice.
8.1 UK Standard Delivery: Goods supplied within the UK will normally be delivered within four working days of acceptance of order.However, sometimes during sale periods or other busy periods, deliveries may take longer. If you have not received your delivery within five working days, please contact us at email@example.com. Please note UK Bank Holidays are not classified as delivery days so please allow extra working days for delivery around these.
8.2 Deliveries to Northern Ireland, the Highlands and Islands and AB postcodes will take longer to arrive. We aim to deliver standard orders within seven working days. During busy periods, please allow up to ten working days.
8.2 International Delivery: Goods supplied outside the UK are all shipped from the UK. Customers will be responsible for paying any applicable import duties and taxes. Charges may vary based on the contents of the order. Customers are advised to contact their local customs office for further information on current import regulations.
8.3 We aim to deliver orders within 5 - 12 working days following the date your order has been placed. However, sometimes during sale periods or other busy periods, deliveries may take longer. If you have not received your delivery within 14 working days, please contact us at firstname.lastname@example.org.
8.4 Delivery Promotion:By taking advantage of the Free Delivery offer (the "Promotion") you agree to these terms and conditions.
8.5 The Promotion entitles Mainland UK customers to free standard delivery within the UK on all orders of £100 or over made in a single transaction online at www.loveholly.co.uk. To redeem the delivery offer, you must enter the offer code at the online checkout and spend over £100 in a single transaction. International customers are not currently entitled to the Free Delivery offer.
8.6 Love holly reserves the right to (i) cancel this Promotion (ii) refuse to allow any individual to participate in the Promotion and (iii) amend these terms and conditions (and will use reasonable endeavours to notify changes to all customers).
8.7 These terms and conditions shall be governed by and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English courts in the event of a dispute
9 CANCELLATION AND RETURN
9.1 We guarantee to refund any item you are not completely happy with when you return it to us unworn and in a saleable condition within 14 days of receipt. Refunds will be credited to your original method of payment minus the delivery charges. You are required to return unwanted orders at your own cost.
9.2 Where a claim of defect or damage is made, the Goods shall be returned by the Buyer to the Supplier within 14 days of delivery. The Buyer shall be entitled to a replacement or a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
9.3 In addition to our returns policy, under the Distance Selling Regulations you can cancel your order at any time before the expiry of the period of seven working days beginning the day following receipt of your order. In this case, we will provide a full refund but you must return the cancelled items to us. If we do not receive the cancelled items back, we may arrange to collect them from you at your cost. If you cancel your order under the Distance Selling Regulations, we will refund the purchase price of the item(s) affected and the delivery charges.
9.4 Your UK statutory rights are not affected by our returns policy.
9.5 Goods must be returned by the Buyer at the Buyer’s expense within 28 days of cancellation in the original packaging and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges. If the Buyer fails to return the Goods following cancellation, the Supplier shall be entitled to deduct the cost of recovering the Goods from the Buyer.
9.6 Goods to be returned must clearly show the order number obtained from the Supplier on the package.
9.7 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
9.8 Personalised products cannot be exchanged or refunded.
9.9 Return Address: Love Holly Ltd, Holgate House, 2 Cavendish Road, Birkenhead Park, Wirral, CH41 8AX.
9.10 We recommend you return using recorded delivery as we can only issue a refund once the item has been received
10 GIFT VOUCHERS
In addition to these Terms and Conditions, the following terms and conditions shall apply to the sale of gift vouchers:
10.1 Gift vouchers will be dispatched within 5 days of acceptance of order and will be delivered by mail. Payment must be made immediately.
10.2 The Buyer must notify the Supplier of any discrepancy in a delivery as soon as possible but in any event within 7 days of the delivery of the vouchers.
10.3 Risk of loss, destruction or damage to the vouchers remains with the Supplier until delivery to the Buyer where upon risk shall pass to the Buyer.
10.4 Gift vouchers may be exchanged for goods at www.loveholly.co.uk. Vouchers cannot be redeemed for cash in part or whole. Vouchers are not sold on a sale or return basis and no return will be permitted unless it can be demonstrated that the Supplier has been in error in fulfilling the Buyer's order.
10.5 Gift vouchers are valid for the date specified from the date of purchase and cannot be renewed once they have expired. Vouchers cannot be replaced if lost or damaged.
11 LIMITATION OF LIABILITY
11.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and/or Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
11.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.
No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.=
13 FORCE MAJEURE
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
15 CHANGES TO TERMS AND CONDITIONS
The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
16 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English.