TERMS AND CONDITIONS OF USE
This page (together with the documents referred to on it) tells you about the terms and conditions on which we sell and supply any of the products (“Products”) listed on our website Londonlovesla.com (our site) and on which you may use our site. If you don’t accept the terms and conditions, please do not use our site.
Our site provides a feature that facilitates the sale and supply of Products. Please read these terms and conditions carefully before ordering any Products from our site. When placing an order, you will be invited to agree to these terms and conditions by clicking ‘I ACCEPT’. If you don’t accept the terms and conditions by ticking this box, you will not be able to order any Products from our site.
You can print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
Londonlovesla.com is a site operated by London Loves LA llp (“we, us or our”). We are registered in England and Wales under number OC364655. Our registered office is: 2 Helenslea Avenue, London, NW11 8ND.
To contact us please email us at ella@londonlovesla.com.
2. ACCESSING OUR SITE
We may make alterations to these terms and conditions from time to time (as detailed below at section 17) and these variations shall apply to you immediately upon being accessible from our site. Every time you wish to order Products, please check these terms and conditions to ensure you understand the terms which will apply at that time.
If the need arises, we may suspend access to our site to carry out routine or emergency work. We will not be liable if for any reason our site is unavailable at any time or for any period.
When using our site, you must also comply with the provisions of our Privacy & Cookies Policy.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
As a condition of us (and/or our partners) providing the site and services available on it to you, you confirm that you will use the site and the services available for your personal, non-commercial use only.
3. SITE RIGHTS OF USE AND INTELLECTUAL PROPERTY RIGHTS
By “Intellectual Property Rights” what we mean is all ownership rights and interests in copyright, design right, data base right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefore and other similar right.
We own all Intellectual Property Rights in our site, its underlying software and technology and the Products available through it belong to us and vest in us, or are licensed to us. All such rights are reserved. All third party trade names and trade marks are held by their respective owners and we make no warranty or representation in relation to them.
Subject to these terms and conditions and your compliance with them, we grant you a non-exclusive, non-transferable, personal, limited licence to access and use our site and the content solely for your private, non-commercial, personal use only.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and private use only.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site (including without limitation any illustrations, photographs, video or audio materials) for any purpose other than your own personal and non-commercial use only in the present and future without obtaining a licence to do so from us or our licensors in writing. If you have any questions, comments or requests in relation to obtaining a licence, please contact us by emailing ella@londonlovesla.com.
These terms and conditions and the rights granted by them do not give you any title or rights of ownership of our site and any Products and should not be deemed a sale or transfer of any copyright or other right.
4. OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
5. RESTRICTIONS AND OBLIGATIONS
You agree to comply with these terms and conditions and all rules applicable to the use of our site.
Therefore you agree not to:
hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of any software contained in or used for our site;
use or deal in our site except as permitted by these terms and conditions;
make any commercial use of our site and/or all underlying intellectual property rights and content on our site in present and future without our prior written permission;
make our site or any part of it available to any third party except with our prior written consent;
make any association with our site and/or all underlying intellectual property rights and content on our site for either commercial or non-commercial purposes without our prior written consent; and
delete or obscure any copyright or other proprietary notice on our site.
6. OUR LIABILITY
We provide and maintain our site on an “as is” basis and are liable only to provide its services with reasonable care and skill.
The material displayed on our site and any content you may access or download is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and other members of our group of companies and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
o loss of income or revenue;
o loss of business;
o loss of profits or contracts;
o loss of anticipated savings;
o loss of data;
o loss of goodwill; and
o wasted management or office time; and any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
We do not warrant that the operation of our site will be uninterrupted or error free.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
7. PURCHASES
You may purchase Products through our site.
By placing an order through our site, you warrant that:
you are legally capable of entering into binding contracts; and
you are at least 18 years old.
When you place an order for a Product (“Order”) this will be deemed an offer to buy the Product for the price stated, subject to these terms and conditions. After placing an Order, you will receive an e-mail from us acknowledging that we have received your Order. Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to us to buy a Product. All Orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (“Dispatch Confirmation”).
The contract between us (“Contract”) will only be formed when we send you the Dispatch Confirmation.
The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your Order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
If we are unable to supply you with the Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to below in section 8, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as reasonably possible.
8. PRICE
The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
Product prices include VAT. However, if the rate of VAT changes between the date of your Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
Product prices and delivery charges are liable to change at any time, but changes will not affect Orders in respect of which we have already sent you a Dispatch Confirmation.
The price of any Products will be as quoted on our site from time to time, except in cases of an obvious error. These prices include VAT but exclude delivery costs, which will be added to the total amount due.
Our delivery charges are as quoted on our site from time to time.
Our site contains a large number of Products and it is possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your Order and notify you of the rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after the Contract between us has been formed, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
Payment for all Products may be made through our payment provider PayPal. For more information on how PayPal works and their terms and conditions please visit their website https://www.paypal.com/uk/webapps/mpp/home. We are not responsible for any act or omission of PayPal.
We aim to debit your account within three working days after receiving your Order.
Your credit card company may also do security checks to confirm it is you making the Order.
Where applicable, all Order details and invoices will be sent to the credit card billing address and not the delivery address where they differ.
Our total liability to you under the Contract will be limited to the amount paid by you for the Products purchased. Your statutory rights are unaffected by these terms and conditions.
The Products will be dispatched once we have received payment.
9. UK DELIVERY
Delivery dates are estimated and are not guaranteed, although we make every reasonable effort to deliver Products by any quoted delivery date. If, due to an event outside of our control, we are unable to meet the estimated time of delivery, we will contact you with a revised estimated delivery date. Events outside of our control means any event or act beyond our reasonable control including without limitation strikes or other industrial action by third parties, civil commotion, riots, storm, flood and other natural disasters, failure of a private or public telecommunications network or impossibility of the use of railways, shipping and other means of public and private transport. This does not affect your statutory rights.
Delivery will be completed when we deliver the Products to the address you have given to us.
The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
10. INTERNATIONAL DELIVERY
We deliver to the countries listed on our site (“International Delivery Options”). However there may be restrictions on some Products for certain International Delivery Options, so please review the information on our site carefully before ordering Products.
If you Order Products from our site for delivery to one of the International Delivery Destinations, your Order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your Order.
You must comply with all applicable laws and regulations of the country of which the Products are destined. We will not be liable or responsible if you break any such law.
11. RETURNS
You may cancel a Contract at any time within seven (7) working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy.
To cancel a Contract, you must inform us in writing. You must also return the Products to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
If you return a Product to us because:
you have cancelled the Contract between us within the (7) seven working day period, we will process the refund due to you as soon as possible and, in any case, within (30) thirty days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us; and
for any other reason, we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within (30) thirty days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
This does not affect your statutory rights in respect of defective Products.
12. 3rd PARTY PROVIDERS
We do not provide and facilitate the purchase of products on or through our site from 3rd party providers. However we may decide in the future in our discretion to offer such service. If we do and you purchase a product from a 3rd party provider located on or through our site these terms do not govern your purchase of the products. We do not act as an agent or representative to the 3rd party provider. Instead your terms of purchase are direct from the 3rd party provider selling the products. We are not responsible for such 3rd party purchases and shall have no liability in respect of them.
We do not offer any guarantees or warranties in respect of the products purchased by you from third party providers. We recommend that you check the terms of the 3rd party provider before you place your order with them.
Complaints and questions relating to purchases from a 3rd party provider should be directed at them and not us.
13. VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
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 our site or to your downloading of any material posted on it, or on any website linked to it.
14. LINKS FROM OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
15. JURISDICTION AND APPLICABLE LAW
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site. These terms and conditions are governed by English law.
16. TRADE MARKS
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on our site are registered and unregistered Trademarks of ours and others. Nothing contained on our site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on our site without our written permission or the written permission of such third party that may own the Trademarks displayed on our site. Your misuse of the Trademarks displayed on our site, or any other content on our site, except as provided in these terms and conditions, is strictly prohibited. You are also advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
17. VARIATIONS
We may revise these terms and conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on our Site.
18. ENTIRE AGREEMENT
These terms and conditions form the entire agreement between you and us. In the event that any term is found to be unenforceable, it shall be varied with the minimum changes required to give it enforceability in your jurisdiction. All other terms shall remain the same.