Sales Conditions Lulu Arver Ltd
Please read these Sales Conditions and our Privacy & Security Statement (as in force from time to time) carefully before using this Website as they contain important information about your rights and obligations. By using any part of this Website, completing your customer registration with us and/or placing an order on the Website you agree to be bound by these Conditions and are deemed to have read, understood and agreed to them.
If you have any questions relating to the Sales Conditions, please email email@example.com or call us on 00 44 (0)1404 81 55 16 before placing an order.
Last updated: Jan 2012
1. Our website
Your use of this website and any service contained within constitutes acceptance of these Sales Conditions.
2. Customer Information
2.1 You should always check that the contact information you provide is correct before creating a customer account or proceeding to payment.
2.2 You are responsible for maintaining your own username and password, where required to access your customer account. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.
2.3 As a customer you are responsible for your customer account and actions taken within it. If you are aware or suspect that your customer account username and password or other details have become known to a third party, you should inform us immediately.
2.4 You must be eighteen years or older to use this site. If you are under eighteen, you may only use this site with the agreement of, and under the supervision of, a parent or guardian. If you do not qualify, please do not use this site. Any contract formed will be between us and the parent or guardian.
4. Product Pricing and Title
4.1 We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). The processing of an order can be cancelled or corrected by us at any time up to the dispatch of that order and any related items.
4.2 We reserve the right to alter all product pricing without notice.
4.3 Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.
5. Your Order
5.1 You must check and ensure all details supplied by you at the time of the order are complete and correct.
5.2 When you place an order you will automatically receive a confirmation email from us to confirm your order. Your order constitutes an offer made to us to purchase the goods specified in the order.
5.3 Your offer is only accepted by us once we have emailed you to confirm the dispatch of your order. If your order has not been accepted, you will receive an email from us telling you the reasons why.
5.4 Product items not included within the dispatch email are not included in the order and contract between you and us.
5.5 We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.
5.6 If we are unable to reasonably ascertain these details or resolve these issues your order will not proceed and no item will be shipped. A full refund will be made against the card used at the time of purchase. No other form of refund or credit will be offered nor will a refund be made to any third party card or account.
5.7 Discount vouchers/codes cannot be used on sale products. Furthermore promotions cannot be combined or used in conjunction with any other sale or special offer.
5.8 All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
6. Shipping and Customs Duty
6.1 All orders received by us are shipped subject to availability.
6.2 The delivery period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order. If you are ordering more than one item, your goods may be sent to you in instalments if certain items are out of stock.
6.3 In the unlikely event that a product goes out of stock after your order was placed, we will contact you and either cancel your order and offer a full refund or agree delivery of the product at a later date.
6.4 We cannot be held responsible for disruption to shipping caused by industrial disputes or action outside our direct control. If such disruption occurs you will be offered delivery via an alternative delivery or fulfilment company or a refund on any items that have not been shipped.
6.5 If you are ordering a product from outside the UK the recipient of the product is responsible for all customs duties or tariffs incurred in the country to which the products are shipped. Furthermore your order may be subject to delay or be opened and searched by local customs authorities when entering the destination country. Please note that in-line with other retailers we are unable to provide specific advice on customs duties or tariffs.
7. Cancellation Rights, Returns and Refunds
7.1 If you have not submitted an order, you may clear the items in your shopping basket at any time by clicking the ‘Remove' button next to the product you do not wish to purchase.
7.2 Under the Consumer Protection (Distance Selling) Regulations 2000 you have a right to cancel your purchase. However, to exercise this right you must notify us in writing, (email or letter) within 7 working days from the day after you receive your goods.
7.3 Once you have notified us of your cancellation the cancelled items must be returned to us by you within 14 working days.
7.4 We provide same day dispatch for confirmed orders placed before 3.00pm. If you have submitted your order and received a confirmation email from luluarver.com, please email firstname.lastname@example.org immediately and mark the email ‘URGENT CANCELLATION'. Please ensure you list your name, address, product ordered and order code on the email. In the event that your order has already been dispatched, you will need to wait until you receive the product and then follow our returns procedure.
7.5 As stated above notification of cancellation must be in writing, a telephone call is not a valid cancellation.
7.6 No right of cancellation, refund or return exists under the Consumer Protection (Distance Selling) Regulations 2000 once you have opened and/or used your product, unless the product is defective and you are returning it for this reason.
7.7 Returns Procedure:
7.7.1 Lulu Arver Ltd will refund any item returned to us within 15 days of delivery to you. Please note that you have 7 days to return a sales/discounted item.
7.7.2 Complete the Returns Note sent with your package indicating whether you want and exchange or refund. If you are returning your product because it is defective, please state the defect or defects.
7.7.3 The item(s) you wish to return must be in perfect condition (re-saleable), unworn, unwashed and in their original, undamaged plastic packaging with the labels/tags still attached. Items considered to be in an unsuitable condition or returned outside of the 15 day period will be sent back to you.
7.8 We will only refund you the cost of postage where the item returned is faulty or where we have sent you the incorrect item.
7.9 As soon as we receive your returned parcel we will inspect and process it within 24hrs. Once we are satisfied that the item(s) are in their original condition we will send you an email confirming the action we have taken. Please be aware that it can take up to 10 days to receive your parcel depending on the postal service you have used.
Your refund will automatically be issued to the card used to make the original purchase. Refunds may take up to seven days to show up in your account once payment has been made to you.
7.10 You are responsible for paying any postage or shipping costs incurred when returning the product, unless you are taking part in a free returns offer we may choose to run from time to time.
7.11 We recommend that you send returns by registered post and that they are insured. If you choose standard post we recommend that you ensure the order is insured for the value of the goods you are returning. Please always obtain a "certificate of posting' from the post office or courier service you may choose.
7.12 We will not issue refunds for any items lost or stolen in transit to us.
7.13 Where a return is lost or stolen in transit to us, you should claim compensation from the company that shipped the return.
7.14 If you fail to return a product to us, we may make arrangements to have the product collected from you. The cost of this collection will be passed on to you.
7.15 Unused products may be returned promptly by customers to the address listed below:
Lulu Arver Ltd, Loxwood House, Elm Way, Sidford, Devon, EX10 9SY.
7.16 We will also refund the cost of standard or recorded postage incurred returning a product, if incorrectly sent by us or where the product has been returned due to a defect. Please note that we will not refund any courier, overnight or express element of any delivery or postage charge, including Royal Mail Special Delivery.
8. Customer Complaints
We endeavour to respond to all customer complaints or queries within 2 working days.
9. Faulty Products
Where a Customer experiences a fault with a product it can be returned to Lulu Arver subject to our returns policy above.
10. Force Majeur/Events Outside Of Our Control
Lulu Arver Ltd. shall not be liable for delay or failure to perform any obligation under these Sales Conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to: acts of god, war, civil disorder or industrial dispute.
11.1 Lulu Arver Ltd. grants you a licence to access the content, information and services contained within our website for personal use only.
11.2 This licence allows you to download and cache (using your browser) individual pages from our website.
11.3 This licence does not allow you to download and modify individual pages or substantial parts of our website nor to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.
11.4 Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.
11.5 Our website cannot be placed within the frame-set of another site.
11.6 Third parties are not allowed to "deep link" to pages within our website, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.
11.7 The restriction on "deep linking" does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales.
12.1 All content, databases, graphics, buttons, icons, logos, layouts and look & feel are the copyright of Lulu Arver Ltd, unless expressly acknowledged as otherwise.
12.2 The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.
13. Reasonably Foreseeable Losses
13.1 Lulu Arver Ltd. will be liable for any losses incurred by you due to breaches of these Sales Conditions by us, where such losses were reasonably foreseeable at the time the contract between you and us was made.
13.2 All business, indirect or consequential losses not reasonably foreseeable at the time of the contract between you and us are excluded.
13.3 Lulu Arver Ltd. does not exclude or limit liability for death or personal injury caused by the negligence or breach of duty by us, our employees or officers.
13.4 We have taken all reasonable measures to prevent Internet fraud and ensure any data collected by us from you is stored as securely and safely as possible.
13.5 We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.
13.6 We cannot be held responsible for material displayed on third party websites or any other written material. The only prices that apply Lulu Arver Ltd products are those stated on the website (www.luluarver.com). We cannot vouch for the reliability of prices stated on shopping directories or through any other third party
The foregoing paragraphs, sub-paragraphs and clauses of these Sales Conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
Failure by Lulu Arver Ltd. to enforce any accrued rights under these Sales Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
16. Entire Agreement
These Sales Conditions set out the entire agreement and understanding between you and Lulu Arver Ltd. We reserve the right to change the Sales Conditions at any time, without giving notice to you.
These Sales Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.
Your statutory rights are unaffected.
Our contact details are as follows:
Address: Lulu Arver Ltd, Loxwood House, Elm Way, Sidford, Devon, EX10 9SY
Registered Address: 78 York Street, London, W1H 1DP
From within the UK: 01404 815516
International: +44 (0) 1404 81 55 16
Registered Company Number: 7190444
VAT No: GB 996 3953 48