Terms & Conditions: Online Sale of Goods
Important: Please Read
We Draw Your Attention To These Terms And Conditions, Which Apply Whenever You Buy Goods From Us Online.
Please Read Them Very Carefully Before You Proceed To Make Your Purchase, Because They Explain Important Information About The Basis On Which We Will Sell Goods To You.
By Placing An Order You Agree To Be Bound By These Terms And Conditions.
You Should Print And Keep A Copy Of These Terms And Conditions For Your Records.
1. HOW THESE TERMS AND CONDITIONS APPLY
1.1 These Lovely Cosmetics Terms and Conditions apply to ALL users of the Website. We may amend the Terms from time to time and you are advised to check them regularly for any changes that we make.
1.2 When you use the Website, we may gather information about you and your visit to the Website. These Terms govern our relationship with you and form the contract between us.
2. HOW THE CONTRACT FOR THE GOODS IS FORMED BETWEEN YOU & US
2.1 The Website displays goods that are advertised for sale and gives information about them. By advertising goods on the Website, we are inviting you to place an order with us. If you place an order, we are not obliged to accept that order and the contract between us will only be formed if and when we accept your order. You may include any number of items within a single order, subject to any restrictions set out in these terms and each order that you place will be a separate contract between us. We reserve the right to refuse to supply goods to any person.
2.2 The contract to sell goods to you only relates to those goods listed in the confirmation email. We will not be obliged to sell any other goods that may have been part of your order until the despatch of your goods has been confirmed in a separate confirmation email.
2.3 You will not be charged before we despatch the goods; however upon receipt of your order we will create an authorisation.
3. HOW TO PLACE AN ORDER
i) Select the goods you require and click ‘Add to Cart’ (or ‘Add to Basket’).
ii) Choose the quantity of goods you wish to purchase (the default will be one (1) unit). Please note that a limit is set to ninety nine (99) units per item. To order quantities greater than 99 units per item, please email email@example.com who will be able to assist you with your requirements.
iii) Review Your Basket, making sure all specifications such as quantity and colour fit your requirements, then click ‘Proceed to Checkout’ (or ‘Go to Checkout’).
iv) New Users may be required to register with us. If you are asked to register, you will need to enter an email address and specify a password. You must keep your password confidential, as they allow access to your account. To continue setting up an account you will need to enter your personal details, billing address (which must correspond with your payment card address) and delivery address.
v) Once you have set up an account, you will be directed to the shipping confirmation page where you may enter voucher codes, select the type of delivery, and vary delivery and/or billing addresses. We do not deliver overseas.
vi) You will then proceed to the secure payment page where you may select the payment type and complete your order. Following submission of your order we will send an automated order acknowledgement to the email address provided.
3.1 By placing an order through our Website, you warrant that you are legally capable of entering into binding contracts.
3.2 We may refuse your order if we decide it is reasonable to do so which may include where:
- We are unable to obtain authorised payment or the payment process is incomplete.
- We identify a product or pricing error on the Website.
- You fail to meet any criteria for eligibility of purchase that we impose from time to time.
- You fail to submit all necessary and relevant details to allow us to fulfil the order.
- Goods are unavailable, or out of stock.
- We may contact you by telephone or email to verify details before we are able to process and dispatch your order or we may be unable to accept it. For example, we may do this if your order is of particularly high value
- The goods shown for sale on this Website are intended for private, consumer use and you must not resell goods or offer them as a commercial enterprise. We reserve the right to limit the total value of goods which can be included in an order. If the total value of goods in your order exceeds the limit that we may choose from time to time, then we will contact you.
4. HOW YOU MUST USE THIS WEBSITE
4.1 Submissions or comments which are in any way defamatory, abusive, obscene, unlawful, sexist, racist or which may in any way cause offence to any person are strictly prohibited. You must not use any abusive language, be aggressive, swear, threaten, harass or abuse any other person including but not limited to other users of this Website.
4.2 All information that you submit should be accurate, truthful and should not be copied.
4.3 We will not be liable for any loss or damage which you suffer as a result of any harmful material infecting your computer, data or other material due to your use of our Website.
4.4 You must use your own identity at all times when using the Website and should ensure that all information that you provide is accurate and up to date to the best of your knowledge. You must not use information about any other person except if you have their permission to do so.
4.5 You must not corrupt the Website, flood it with information causing it to malfunction or use any features that may affect the Website such as any worms, viruses or similar harmful elements. The use of spam is also forbidden.
4.6 If you have a password as part of our security procedures, you must treat that information as confidential and must not disclose it to anyone.
4.7 We may refuse access to this Website to anyone who does not comply with these terms.
5. WEBSITE CONTENT
5.1 We have taken great care in compiling this Website but neither we nor our directors, employees or other representatives or any other companies within our group of companies will be responsible for any damages, losses or costs however they arise as a result of your use of or reliance on the Website.
5.2 We may change, remove or in any other way adapt the content of our Website at any time and without advance notice.
5.3 Although we aim to provide information that is accurate and up to date, we do not guarantee to do so. You are responsible for making sure that your reliance on this Website is suitable for your own purposes and the information that we provide is not intended to be advice which you should rely on.
5.4 We do not guarantee that this Website will always be available or be free from error, virus or similar.
5.5 The Website is provided on an “AS IS” basis and we exclude all warranties and representations of any kind with respect to this Website and its contents to the fullest extent which the law allows.
5.6 We may provide links to other Websites. If we do this, those links are provided for your convenience only and we cannot be responsible for the content or availability of those Websites or your use of them.
- We aim to ensure that the product images on our Website are as accurate as possible but there may be slight colour variations between the goods and the images shown online.
6. OUR RIGHTS IN THE WEBSITE
6.1 The copyright and other ownership rights (known as “Intellectual Property Rights”) in this Website and its contents (including design, text, logos, trade names, graphics, software and any other material) are owned by us or our licensors. You must not yourself or allow anyone else to publish, copy, distribute or modify any of the content of this Website (All Rights Reserved) Anyone may view this Website and print pages from it for personal use only, for browsing our products and placing an order with us. Any other use is strictly prohibited without our prior written consent. You must not make any copy of any material from the Website for any business related use whatsoever.
6.2 You must not in any way copy, reproduce or use any trademarks, logos or brand names which appear on the Website. Linking to our Website on other Websites is at our discretion and we may require that you stop providing links to our Website at any time.
6.3 We may use any information which you upload to our Website as we decide and we may also disclose that information to a third party.
7. PRICE AND PAYMENT
7.1 Prices and delivery charges are as published on the Website when we accept your order. Prices include VAT and are in pounds sterling. Delivery charges are shown separately. The delivery charge for the order is shown on the shopping bag page below your chosen items. This means that if you order more than one item, there is no delivery charge for the additional items.
7.2 We must receive payment for the goods in full before they are dispatched.
7.3 Offers and promotions on the Website are subject to availability and we may change or withdraw them at any time and without notice. Nothing shall oblige us to maintain offers or promotions for any period. Additional terms may apply, details of which will be displayed.
7.4 We may amend prices at any time. Where there is a difference between a price at the time the order is made and when it is accepted, we will inform you by email or telephone and ask you if you wish to proceed. If you decline and for any reason payment has already been taken, it will be re-credited to you.
7.5 We accept secure payment via PayPal.
7.6 If we do not have sufficient stock of goods, we will notify you by e-mail or telephone and your order will be cancelled so that you will not be charged. We will do this as soon as possible and by no later than 30 (thirty) days from the due delivery date. We will not be responsible for any compensation if goods that you order are not available for any reason.
If You Change Your Mind:
8.1 You have a legal right to cancel the contract for any reason at any time within 7 (seven) working days of the day after you receive the goods. This is the legal “cooling off period”.
8.2 To cancel, you must tell us in writing via e-mail that you want to do so. You must also keep the goods in a re-saleable condition in their original packaging and send them back to us as soon as possible but must do so within 14 (fourteen) days of the day after you receive the goods.
8.3 We will refund the money due to you as soon as possible but by no later than 30 (thirty) working days from the day on which you tell us that you wish to cancel. We cannot refund the original delivery charge, as it is a necessary cost and not intended for profit, and therefore cannot be absorbed by Lovely Cosmetics.
Please note though that if you want to return only some items but keep the rest of your order, you may not be entitled to a refund of the delivery charge. If you cancel the contract but only inform us that you wish to do so after the seven day cooling off period, then we won’t refund the delivery charge.
8.4 Please also note that if you decide to return goods this will be processed separately on request and refunded to you. Please contact us at firstname.lastname@example.org
8.5 You will be responsible for the cost of returning the goods to us unless you are returning substitute goods that we provided because the goods you ordered were not available. If you do not return the goods, we may arrange for collection and recover from you, our direct costs of doing this either by reducing the amount of the refund by the collection cost or in any other way we believe is reasonable. This will not affect your rights if the goods are faulty and that situation will be dealt with in accordance.
If Things Go Wrong
8.6 We warrant that the goods that we supply are of satisfactory quality and are fit for the purpose for which goods of that nature are commonly supplied.
8.7 If you return goods to us for a reason other than if you change your mind, we will inspect the goods and either replace them or refund the full purchase price for goods which we reasonably accept are defective or faulty or which are otherwise not in accordance with the Contract. This is subject to you returning the goods to us within a period of 14 (fourteen) days from delivery where you believe they are faulty for any reason. This is known as the “Warranty Period”.
8.8 We will replace the goods or refund you provided that the defect or fault is not caused by usual wear and tear, damage caused deliberately or accidentally, your negligence or if you fail to follow product instructions or if the goods have been misused, altered or repaired without our approval. We unfortunately cannot refund any postage charges. If we do not find any fault or defect then your cancellation and refund rights will be limited.
8.9If you believe that goods have a defect then you should not make any further use of them before returning them to us. After the Warranty Period, refunds and exchanges shall be at our discretion except that your statutory rights are not affected. These are your rights granted by law and which we cannot change.
8.10 If you wish to return goods in accordance with Clause 8.9 you must return the goods in an unused condition to Lovely Cosmetics, (address available on request) together with the dispatch or delivery note as proof of purchase by courier or recorded delivery.
8.11 We will aim to process your refund or replace the goods as soon as possible but will do so within 30 (thirty) working days of you returning the goods to us.
8.12 Finally, whenever you return goods to us either because you believe they are faulty or because you change your mind, we ask that goods are returned to us, either by recorded delivery or courier so that you have proof of posting. We will not be responsible for goods that are lost or damaged in the post.
9. OUR LIABILITY
9.1 Nothing in the contract or elsewhere will exclude or limit our liability for death or personal injury caused by our negligence or any liability for fraudulent misrepresentation or fraud or liability which we are responsible for in relation to consumer protection rights or for any other matters which it would be illegal for us to exclude. Your Statutory rights are not affected.
9.2 To the extent that we are liable to you in respect of breach of contract, for negligence or for any other legal liability in relation to the goods or this contract or otherwise, our total liability to you will be limited to three times the price of the goods which are the subject of the liability, paid by you to us and any losses which are foreseeable as a direct consequence of us breaking our contract with you.
9.3 Except unless we explicitly state elsewhere, we shall not be responsible for any indirect or special losses which happen as a side effect or consequence of any main loss or damage or for anything which we or you could not reasonably anticipate. This includes but is not limited to the following, however they arise:
9.3.1 Lost profits
9.3.2 Loss of income or revenue
9.3.3 Loss of savings
9.3.4 Loss of data
9.3.5 Loss of use of money
- You should satisfy yourself that items are suitable for the type of sports activity that you wish to use them for.
10.1 We aim to deliver the goods within the indicative time-scales shown on our Website. However time is not of the essence for delivery or performance which means that we will not be responsible if goods are delivered outside those times and we will not be liable for the consequences of any delay. If we are unable to deliver the goods within the indicated time-scale, we shall use reasonable efforts to tell you this by e-mail and give an amended delivery time.
10.2 If goods are out of stock then we will let you know by e-mail and let you know if any alternatives are available. We will try to replenish low stock levels as soon as possible although we will not be obliged to do so. If you order more than one product, we do not guarantee that all goods will be delivered to you in one delivery and we reserve the right to deliver in instalments.
10.3 Ownership of the goods will only pass to you when we receive full payment including delivery charges (if applicable). The goods will be at your risk from the time of delivery and you should therefore take reasonable care of them.
10.4 If the goods or quantity which you receive are not as you ordered due to our error then you should inform us by email as soon as possible after you receive the goods and become aware of the error. We will make good any error. We will also reimburse to you any delivery costs that you incur in sending the incorrect goods back to us. You should not use any goods that you receive in error and intend to return.
10.5 Goods will be delivered to the address which you provide in the order process however delivery practices may vary depending on which carrier is delivering the goods. You must provide a valid address for delivery.
11. OUR RIGHTS IN THE GOODS
All ownership rights known as intellectual property rights in the goods including all designs, trade marks, brand names, images and logos are and shall remain our property or those of our licensors. At no time shall any rights, title or interest in the intellectual property rights pass to you. You must not offer the goods for resale.
12.1 We will not be in any way responsible to you for a failure to sell goods which you wish to buy or otherwise for a failure to comply with our obligations under the contract or any costs or liabilities which you incur as a result of any circumstances beyond our reasonable control including but not limited to any act of God, flood, fire, trade dispute, lack of third party materials or services or terrorist acts.
12.2 The contract between you and us is binding. You may not transfer or assign your rights or obligations to another person without our express agreement. We may transfer or assign our rights and obligations under the contract or appoint third parties to assist us in performing our obligations at any time provided that this will not reduce our obligations to you.
12.3 If any clause of this contract is found in any way to be void by a court or other competent authority then all other clauses of the contract will continue to apply.
12.4 If either you or we do not at any time act on any rights that we have under this contract then it will not affect the rights of either of us to enforce any rights at a later stage. If either of us chooses not to rely on a right that we have, it will not affect any other rights that either of us has.
12.5 This contract is subject to English law and both you and we agree that the English courts will decide any dispute arising under or connected to it.
12.6 No changes to the contract will bind either of us unless we agree to them in writing. We may amend these terms at any time and without notice to you. Any change will take effect immediately after being posted on the Website and will be deemed to be accepted by any person who uses the Website.
12.7 Nothing in these terms seeks to exclude or limit any rights available under applicable law that cannot be excluded or limited. This means that these terms will not change any rights which the law grants to you which that law does not allow us to change or limit.
12.8 A person who is not party to this contract shall have no right under the contracts (Rights of Third Parties) Act 1999 to enforce any term of it which means that only we and you have rights under it. This does not affect any right or remedy of any person which exists or is available otherwise than under that Act.
12.9 The contract is the entire agreement and understanding between us in respect of its subject matter and will supersede and replace any prior agreements, understandings or arrangements whether written or verbal.
12.10 We have a procedure for investigating complaints and for dealing with queries about our Website. Please email: email@example.com.