Louloubee Terms & Conditions
LOULOUBEE LIMITED
41 Allt-Yr-Yn-Avenue, Newport, Gwent NP20 5DA.
Telephone: 01633 671641.
Fascimile: 08701392518.
Email: admin@louloubee.co.uk
Company registration number: 5365000
GENERAL STANDARD TERMS AND CONDITIONS OF SALE FOR CONSUMERS
These conditions apply to the sale and purchase of goods from our website www.louloubee.co.uk (“goods”).
Please note that some of the goods, and the packaging for the goods, are not suitable for use by small children.
1.1 Online Orders and Orders by other means
We accept orders for goods made online, by telephone or by facsimile. Please note, however, that we only accept payment by cheque for orders made by telephone or facsimile.
Where you have ordered goods online, by telephone or by sending us a facsimile, your order is an offer by you to us to purchase the goods subject to these conditions. Except where you have ordered Customised Goods (please see condition 1.3 below), the issue by us of an email confirming dispatch of the goods you have ordered will constitute our acceptance of your order.
1.2 Availability
If for any reason beyond our reasonable control we are unable to supply any goods to you we will notify you at the earliest opportunity.
If any of the goods are out of stock we will endeavour to specify this on our website. If, however, you place an order for goods which we subsequently discover to be out of stock, we will endeavour to inform you of this and to notify you of the likely timescales for delivery of such goods.
1.3 Contract
The contract for the sale by us of the goods to you (the “Contract”) is formed as follows:
(a) in the case of goods are to be to be customised or made to your specification (“Customised Goods”), when we acknowledge receipt of your order and details of the required specification of the Customised Goods; and
(b) in the case of any other goods, when we confirm dispatch of your order in an email to you.
At any point up until formation of the Contract, we may decline to supply the goods and/or Customised Goods to you without providing any reason for such refusal to supply.
2.1 In the case of Customised Goods, once the Contract has been formed you may not cancel the Contract or alter the Customised Goods.
2.2 In all other cases, you may cancel the Contract or your order by giving us notice in writing to the address or facsimile number set out at the top of these conditions and by emailing such notice to us at any time up to the end of the seventh working day after the day on which you receive the goods. If the goods have already been dispatched at the date of receipt of your cancellation of the order you must return the goods to us in accordance with condition 2.3 below and we will credit your debit or credit card with, or send you a cheque in the amount of, the price of the goods within 30 days beginning with the day on which your notice of cancellation was received by us.
2.3 If you do not return the goods within the timescales above, you will be deemed to have accepted the goods, at which point a new contract will be formed for the purchase of the goods from us by you and you will be charged for the goods at the price set out on our website. This does not affect your statutory rights.
3.1 Re-saleable goods
We hope that you will be happy with the goods that you purchase. If, however, you are unhappy with any of the goods, simply return them undamaged and in the original packaging within 14 days of the date of dispatch and we will give you a refund on those goods. Any returned items must be in a re-saleable condition. You will be supplied with a return authorisation number which must be displayed on the package returning the goods. If you fail to display this number we may not accept the returned goods.
You will be responsible for the cost of returning the goods to us. You must return the goods using a method that enables the goods to be tracked and obtain sufficient insurance and use suitable packaging to guard against the risk of loss or damage in transit. You will be responsible for the full cost of any goods lost in transit to us.
You are under an obligation to ensure that, pending return or recovery, you take reasonable care of the goods and that they are returned to us in the same condition as when they were delivered to you. You will only be entitled to a refund if we are satisfied that the goods remain unused in a saleable condition and the goods are in their original packaging. You will be refunded the cost of the goods and the delivery charges but not the postal charges for the return of the goods.
3.2 Faulty /damaged /incorrect goods
If the goods you receive are faulty /damaged /not the goods you ordered you must inform us immediately by giving us notice in writing to the address or facsimile number set out at the top of these conditions and by emailing such notice to us, and in any event you must contact us no later than at any time up to the end of the seventh working day after the day on which you receive the goods. Such goods may then be returned using one of the following methods to be agreed between us and you:
(a) you can return the goods to us in accordance with the provisions of condition 3.1 above, and, following receipt of the goods by us , we will refund the costs incurred by you as evidenced by you via proof of posting, etc. of returning those goods in addition to the sale and delivery price. As we cannot be held responsible for non-delivery of returned goods please obtain the relevant proof of posting; or
(b) we will supply you with a courier label and arrange for collection of the goods. We will notify you of the relevant date for collection of the goods. If you are unable to make the goods available on that date we may agree to postpone collection. If you fail to make the goods available for collection on the date or dates notified, you may be deemed to have accepted those goods. This does not affect your statutory rights.
You will also be supplied with a return authorisation number which must be displayed on the package returning the goods. If you fail to display this number we may not accept the returned goods.
3.3 Replacement of faulty /damaged /incorrect goods
We will replace the goods (or any part of them) which we are satisfied are faulty or damaged, or which do not conform with your order. If we do not have suitable replacement goods in stock we will, at our sole option, either provide you with a credit note representing the price paid by you in respect of those goods found to be faulty, or refund to you the price paid by you in respect of such goods.
3.4 Entitlement to a refund
Please note that only the purchaser of the goods (and not the person who may receives the goods as a gift) is permitted to return the goods and to receive a refund.
4.1 The Price
The price payable for the goods is the price set out on our website (the “Price”). The Price does not include the delivery charges which will be charged at the rates applicable at the date you place your order and which will be displayed in the Checkout section of our website. If, by mistake, we have under-priced any of the goods, we will not be liable to supply those goods to you at the incorrect price, provided that we notify you before dispatch of the goods concerned.
We reserve the right at any time to vary the Price to reflect any increase in costs to us which is attributable to factors beyond our control; including, but not limited to, any variation in the cost of materials, transport, labour or other production costs, duties, taxes or any fluctuation in exchange rates. In the unlikely event of there being such an increase in the Price, we shall notify you of such increase prior to delivery and you shall be permitted to cancel the order (or part thereof) relating to such goods at any time prior to delivery without incurring any charges in respect of such cancellation.
We may from time to time offer discounts, special offers or promotions in relation to the Price or any of the goods. We will endeavour to specify the length of time for which such discounts, special offers or promotions will be available, but please note that these will be subject to stock availability.
4.2 Payment
In the case of orders placed online, the Price will be payable by you at the time your order for goods is placed, excluding the situation where the goods are out of stock, in which case the price for such goods will be payable on dispatch of the goods by us.
In the case of orders placed by telephone or post, payment must be made by cheque. Your order will not be dispatched until such cheque has been cleared by the relevant financial institution.
You can pay online using any of the following debit or credit cards: JCB, Solo, Switch, Mastercard, Visa, Visa Delta, Visa Electron and Visa Purchasing. We do not accept American Express or Diners Club cards. Your credit/debit card details will be encrypted to minimise the possibility of unauthorised access or disclosure.
5.1 Delivery will be made to the address specified by you on the completed order form (in the case of orders placed on-line) or confirmed in writing by you with accompanying payment (in the case of orders placed by telephone or facsimile). All deliveries are by DHL or Royal Mail.
5.2 We will endeavour to deliver to customers within the United Kingdom as follows:
• Standard Delivery – within 4 Working Days (i.e. Monday to Friday, excluding weekends and public holidays) of receipt of order.
• Express Delivery – within 2 Working Days of receipt of order.
• Next Day Delivery – within 1 Working Day (providing that the order is placed before 10.00am on the previous Working Day of receipt of order).
• Customised Goods – within 6-8 weeks of receipt of order.
5.4 Any delivery dates provided by us will be estimates only and you will not be entitled to refuse to accept late delivery or treat late delivery as a breach of contract by us.
5.5 We will not deliver to a post office box (PO Box) address. We also reserve the right not to deliver to a communal post office address. The address supplied by you must have a valid postcode.
5.6 All goods must be signed for on delivery at the address. If no-one is at the address when delivery is attempted the goods may be retained by the driver, in which case the driver will leave notification of attempted delivery. If we have to return to deliver the goods on a separate occasion a further delivery charge may become payable.
Ownership of the goods will pass to you when the goods have been received by you or a signed recipient. The goods will not be dispatched until we have received payment in full in cleared funds of the Price, together with any delivery changes payable by you.
7.1 Nothing in any of these conditions:
(a) limits our liability under part 1 of the Consumer Protection Act 1987 or for death or personal injury caused by our negligence; or
(b) affects your rights under Sections 12 to 15 of the Sale of Goods Act 1979 (as amended) or any other statutory rights which you have as a consumer.
7.2 Where you have ordered Customised Goods we shall not be responsible for spelling mistakes on such items resulting from the notification by you to us of incorrect information. Please be careful when entering information for Customised Goods. You will indemnify us against any loss or claim whatsoever arising as a result of the goods being made to your specification or customised at your direction, including any claims that the Customised Goods infringe others’ intellectual property rights.
7.3 We shall not be liable to you for:
(a) any statement made (unless fraudulent); or
(b) any indirect, special or consequential loss, costs or expense arising
out of or in connection with the supply of the goods.
7.4 Save in respect of death or personal injury caused by our negligence, our entire liability under or in connection with the Contract shall not in any event exceed the Price.
Between us and you all intellectual property in or relating to the goods and any packaging or literature supplied by us to you belongs to us.
If we are unable to perform any of our obligations under the Contract by reason of any event or circumstances beyond our control including for example non-availability of materials or other items from our suppliers, such failure shall not be regarded as a breach of obligations and/or the contract until such time (if any) as we shall be able to perform such obligations.
Without prejudice to any other rights which may be available to use whether under these conditions or at law, if you:
(a) breach any of the provisions of the Contract; or
(b) become insolvent
We shall have the right to terminate the Contract on giving you written notice.
Neither us nor you intend that any of these conditions should be enforceable, by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise, by any person who is not a party to the Contract.
These conditions and the Contract shall be governed by and construed in accordance with the laws of England and Wales.
If any of these conditions (or part thereof) is held by any court or other competent authority to be invalid, void or unenforceable it shall be deleted and the remaining conditions shall continue in full force and effect and if necessary be amended so far as may be required to give effect to these conditions.
These conditions can only be amended or varied by written agreement between us and you.