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TERMS & CONDITIONS

This page (together with our Privacy Policy and Cookies Policy tells you information about us and the legal terms and conditions (terms) http://www.lovelayladesigns.co.uk/information-­about-­purchases.html relating to the website (site)

http://www.lovelayladesigns.co.uk/index.html and your use of such, as well as the products and services available on the Site

(products) http://www.lovelayladesigns.co.uk/shop.html

 

These Terms will apply to any contract between us for the supply of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. If you refuse to accept these Terms, you will not be able to order any Products from and must not use the Site.

Please note, certain of our Products contain content of an adult nature. Such content is intended to be humorous only and is not intended to be offensive in any way to you or any third party. It shall be your responsibility to ensure that any Products you purchase through the Site do not cause offence to any third party, including without limitation any

intended end recipient of the Product.

 

Please see clause 13.9 below for further information regarding use of the Product(s).

You should print a copy of these Terms for future reference.

 

We amend these Terms from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that 5me. These Terms were most recently updated on 2nd of October 2015.

These Terms, and any Contract between us, are only in the English language.

 

1. INFORMATION ABOUT US

1.1. We operate the Site. We are Love Layla Designs Limited, a company registered in England and Wales under company number 9679751 and with our registered office at 11 Park Place, Leeds LS1 2RX. Our main trading address is Love Layla Designs Limited, Love Layla Designs Limited, Unit 4, Tavern Works, Skinner Lane, Pontefract WF8 1HG.

2. OUR PRODUCTS

2.1. The images of the Products on the Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.

2.2. We use our reasonable endeavours to make sure that every Product is shown accurately on the Site and that prices are correct. However, occasionally there may be small varia5ons in colour, typefaces and layout. The packaging of the Products may vary from that shown on images on our site.

 

3. HOW WE USE YOUR PERSONAL INFORMATION

We only use your personal information in accordance with our Privacy and Cookies Policies. Please take the 5me to read these as they include important terms which apply to you.

 

4. ABOUT YOU

4.1. [You may only purchase Products from the site if you are at least [18] years old.

4.2. [Certain Products on the Site can only be purchased if you satisfy the legal age requirement for that product. We are not allowed by law to supply these Products to you if you do not sa5sfy these age requirements. If you are underage, please do not attempt to order these Products through our site.

 

5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

5.1. Our shopping pages will guide you through the steps you need to take to place an order with us. [Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process, in par5cular the delivery address.]

5.2. After you place an order, you will receive an e-­mail from Paypal acknowledging that we have received your order. This is deemed as confirmation of your order stating the receipt of your purchase and amount.

5.3. The placing of a Product on the Site is an invita5on to accept offers for such Product and is not an offer to sell at the listed price nor is it binding on us. We are under no obligation to accept your order (whether or not the order has been confirmed and the credit card been charged).

5.4. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on the Site, 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 including any delivery costs charged as soon as possible.

 

6. OUR RIGHT TO VARY THESE TERMS

6.1. We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed. Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.

 

7. YOUR CONSUMER RIGHT OF RETURN AND REFUND

7.1. You have a legal right to cancel a Contract during the period set out below in clause

7.2. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. However, this cancellation right does not apply in the case of:

(a) Any Product which has been personalised or made bespoke for you at your request; and/or

(b) any Products which have been used, written on or marked in any way (in whole or in part), intentionally or otherwise.

7.2. Subject to clause 7.8. your legal right to cancel a Contract starts from the date of the Order Confirmation (the date on which we e-­mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:

7.3. To cancel a Contract, you just need to let us know that you have decided to cancel.

The easiest way to do this is to complete the hep://www.lovelayladesigns.co.uk/lets-­talk.html on the Site. [You can also

e-­mail us at hello@lovelayladesigns.co.uk or by post to Love Layla Designs Limited, Love Layla Designs Limited, Unit 4, Tavern Works, Skinner Lane, Pontefract WF8 1HG.

If you are e-­mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-­mail or by post, then your cancellation is effective from the date you send us the e-­mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-­mail us before midnight on that day.]

7.4. If you cancel your Contract we will:

(a) refund you the price you paid for the Products.

Your Contract End of the cancellation period.

Your Contract is for a single Product (which is not delivered in instalments on separate days).

The end date is the end of 14 days after the day on which you receive the Product. Example: if we provide you with an Order Confirmation on 1 January and you receive the Product on 10 January you may cancel at any 5me between 1 January and the end of the day on 24 January. Your Contract is for multiple Products which are delivered on separate days. The end date is 14 days after the day on which you receive the last of the separate Products ordered. Example: if we provide you with an Order Confirmation on 1 January and you receive the first of your separate Products on 10 January and the last separate Product on 15 January you may cancel in respect any or all of the separate Products at any 5me between 1 January and the end of the day on 29 January. Your Contract is for the regular delivery of a Product over a set period. The end date is 14 days after the day on which you receive the first delivery of the Products. Example: if we provide you with an Order Confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.

(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within [3-­5] days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

(c) make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

(i) if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us.

(ii) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.

7.5. If you have returned the Products to us under this clause 7 because they are faulty, not what you ordered or materially mis-­described, please notify us straight away and in any event within [3] days of delivery. Subject to you providing reasonable evidence of the defect / damage / mis-­description (as applicable) and, where we request and at our expense, returning the Product to us, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

7.6. We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.

7.7. If a Product has been delivered to you before you decide to cancel your Contract:

(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You must send it back to us at Love Layla Designs Limited, Love Layla Designs Limited, Unit 4, Tavern Works, Skinner Lane, Pontefract WF8 1HG by post. All products to be returned must be in the condition they were in when first received by you with the original packaging; and

(b) unless the Product is faulty or not as described (in this case, see clause 8.6), you will be responsible for the cost of returning the Products to us.

7.8. Please be aware you will not be entitled to cancel the contract where you or a third party has used or marked the Product in any way (in whole or in part) and/or in respect of a personalised Product, which includes without limitation a Product made bespoke for you (unless such personalised Product is damaged or defective in some way).

 

8. DELIVERY

8.1. The estimated delivery 5me is 3-­‐5 working days after the date of the Order Acceptance (the date on which you receive the Paypal email receipt confirmation to confirm our acceptance of your order). Please note that the despatch date is the day we SEND the item you have ordered, NOT the day it will be delivered. We do not guarantee delivery dates or times.

8.2. [If no one is available at your address to take delivery, a note will be left by Royal

Mail that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.] Your order will be delivered by Royal Mail.

8.3. Delivery of an order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.

8.4. You own the Products once we have received payment in full, including all applicable delivery charges.

8.5. If we miss the 5 day delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:

(a) we have refused to deliver the Products; or

(b) you told us before we accepted your order that delivery within the delivery deadline was essential.

If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery

8.6. If you do not wish to cancel your order straight away, or do not have the right to do so under clause 8.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.

8.7. Please note that if a product is unavailable, we may subs5tute it with an alternative product unless you request us not to do so.

 

9. [NO INTERNATIONAL DELIVERY

9.1. Unfortunately, we do not deliver to addresses outside the UK.

9.2. You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.]

 

10. PRICE OF PRODUCTS AND DELIVERY CHARGES

10.1. The prices of the Products will be as quoted on our site at the time you submit your order. We take reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 10.5 for what happens if we discover an error in the price of Product(s) you ordered.

10.2. Prices for our Products may change from time to time, but changes will not affect any order you have already placed.

10.3. The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the 5me being. 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.

10.4. The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the checkout process, before you confirm your order.

10.5. Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in wri5ng. If we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Product and refund you any sums you have paid.

 

11. HOW TO PAY

11.1. You can only pay for Products using Paypal or login as guest and pay using your credit

or debit card. The list of cards we accept are the following:

11.2. Visa / Delta / Electron

• MasterCard / Eurocard

• Maestro

• American Express.

11.3. Payment for the Products and all applicable delivery charges is in advance. We will charge your debit card or credit card before we dispatch your order.

 

12. USE OF THE SITE

12.1. The Site may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites or of the owners of such websites or of the goods and/or services offered on such third party websites and we do not accept any responsibility in respect of such. We do not give any warranty as to the accuracy, reliability or content of any information or materials on such third party websites and shall not be liable for any loss or damage arising from their use. You acknowledge and agree that we are not responsible for the content or availability of any such sites.

12.2. All copyright, database rights, trade marks and all other intellectual property rights in the Products, the Site and its content are owned by us or our licensor’s. No permission is given by us for use by any person of any intellectual property in the Products and/or Site which may cons5tute an infringement of our intellectual property rights or the rights of any third party.

12.3. The content of the Site does not cons5tute advice and you use the Site at your own risk. We are not responsible for any loss or damage arising from the use of such material and information.

 

13. OUR LIABILITY

13.1. Whilst we have taken all reasonable steps to ensure the accuracy and completeness of the informa5on on this Site it is provided on an "as is" basis and we give no warranty and make no representa5on regarding the accuracy or completeness of the content of this Website. Further, no warranty is given that the Site shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.

13.2. Access to and use of this Site is at your own risk. We do not warrant that the use of this Site or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infec5on. We give no warranty regarding the func5onality of the Site including without limita5on that it will be available on an uninterrupted or error free basis; or that defects will be corrected; and no liability can be accepted in respect of losses or damages arising out of such.

13.3. In respect of any cause of ac5on (including an ac5on for negligence) arising out of or in connection with any Product supplied by us, our en5re liability shall be limited, to the extent that the cause of action relates to the Product to (at our option):

(a) repairing the defective Product;

(b) replacing the defective Product; or

(c) refunding the amount paid by you in respect of the Product purchased.

13.4. Our aggregate liability in respect of all causes of action arising out of or in connection with the Product(s) or in connec5on with your use of the Site (whether for breach of contract, in negligence or any other tort, under statute or otherwise at all) will not exceed an amount equal to the price paid or payable for the relevant Product. Where the breach does not relate to a Product purchased by you our liability shall be fully excluded to the fullest extent permitted by law.

13.5. We shall not be liable to you for any loss of profit; or loss of business; or depletion of goodwill and/or similar losses; or loss of anticipated revenue or savings (whether direct or indirect loss); or loss of contract; or loss of use; or any special, consequential, indirect or pure economic loss, costs, damages, charges or expenses.

13.6. Notwithstanding anything in these Terms and Conditions we do not exclude liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) any breach of the terms implied by sec5on 12 of the Sale of Goods Act 1979 (title and quiet possession);

(d) any breach of the terms implied by sec5on 13 to 15 of the Sale of Goods Act 1979 (descrip5on, sa5sfactory quality, fitness for purpose and samples); and

(e) defective products under the Consumer Protec5on Act 1987.

13.7. Except for any warran5es expressly set out in these Terms and Condi5ons any warranties, conditions or representations whether implied by statute or otherwise shall be excluded to the fullest extent permitted by law.

13.8. [We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Should you wish to become an authorised reseller of our products, please contact us by email at hello@lovelayladesigns.co.uk.]

13.9. Please note, certain of our Products contain content of an adult nature. Such content is intended to be humorous only and is not intended to be offensive in any way to you or any third party. You understand and agree that we shall not be responsible for how you use the Product and you will not (and will not allow or assist a third party to) use the Product in any way that:

(a) will or could cause offence to a third party, including without limitation any recipient of the card; and/or

(b) could be considered defamatory, abusive or threatening.

 

14. EVENTS OUTSIDE OUR CONTROL

14.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An ‘Event Outside Our Control’ means any act or event beyond

our reasonable control.

14.2. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under a Contract will be suspended and the 5me for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

14.3. You may cancel a Contract affected by an Event Outside Our Control which has continued for more than [30] days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.

 

15. OTHER IMPORTANT TERMS

15.1. When we refer, in these Terms, to "in writing", this will include e-­mail.

15.2. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

15.3. You may only transfer your rights or your obliga5ons under these Terms to another person if we agree in writing.

15.4. This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Par5es) Act 1999 or otherwise.

15.5. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

15.6. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in wri5ng, and that will not mean that we will automatically waive any later default by you.

15.7. Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-­‐exclusive jurisdic5on. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

 

16. CONTACT US

16.1. If you have any concerns about material which appears on the Website, please contact hello@lovelayladesigns.co.uk or write to us at the address given at the top of these Terms and Conditions.

e.

hello@lovelayladesigns.co.uk

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