Please read this page carefully and make sure that you understand it, before purchasing any Products from our site. We may update this page from time to time and therefore you should review this page periodically for changes.
We have set out the terms under which apply between us, Lobella Loves Limited (Lobella Loves, LL, we or us) and you (the Customer or you). These include the terms and conditions that govern:
· our terms and conditions in relation to the services we offer to customers, purchasing products on the Lobella Loves Website (our "Customer Terms and Conditions" or these terms);
(together or individually these may be referred to as our "Terms and Policies").
Specifically these Customer Terms and Conditions set out who we are, how we provide Products to you our Customer, how you and we may change or end our agreement with each other, what happens if there is a problem and other important information. If you do not agree with these Terms you should not purchase any Products.
1. ABOUT US
We are Lobella Loves Limited, a company registered in England and Wales under company number 10264451 and with our registered office at 78 York Street, London W1H 1DP. Lobella Loves operates the website www.lobellaloves.com (the LL Website).
You can contact us by emailing us at email@example.com. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provide to us in your Order or when you register with us.
The following definitions apply in the Terms:
“Dispatch Confirmation” means an email confirmation sent by Lobella Loves informing Customers that the Product(s) has/have been shipped/posted to the Customer’s delivery address stated in the Order;
“Event Outside Our Control” means any act or event beyond Lobella Loves’ reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the LL's workforce), or restraints or delays affecting carriers, or failure of public or private telecommunications networks or an inability or delay in obtaining supplies of adequate or suitable materials.
“LL Contract” has the meaning given in Clause 4;
“Non-Cancellable Products” have the meanings stated in Clause 7;
“Order” means a purchase of Products placed by the Customer;
“Products” means the products listed on the LL Website;
“Working Day” means a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
3. OUR SERVICES AND THE PRODUCTS
As a user of the LL Website, you will have access to an online platform for purchasing Products offered for sale via the LL Website.
The images of the Products on the LL Website are for illustrative purposes only. Lobella Loves 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.
The packaging of the Products may vary from that shown on images on the LL Website.
Prices and any applicable delivery charges will be as quoted on the LL Website from time to time, but may be subject to change by Lobella Loves (in which case the Lobella Loves Website will be updated accordingly, but changes will not affect Orders in respect of which the Customer has already been sent an Order confirmation email prior to the date the change is published on the Lobella Loves Website).
4. CONTRACTUAL RELATIONSHIPS
For the avoidance of doubt, by using the LL Website you agree to be bound by these Terms as the Contract. If you do not agree with these Terms please do not purchase products through the LL Website.
5. CUSTOMER OBLIGATIONS
5.1 The Customer shall ensure that the personalisation, customisation and specification (if any) of the Order are complete and accurate. It is your responsibility to ensure that the specification and options (if any) that you entered are accurate.
6.1 When Customers place their orders and before acceptance of it has occurred Customers will be required to make full payment of the item via Lobella Loves’ secure online checkout process;
6.2 Payments for Products may only be made using the payment methods Lobella Loves makes available from time to time through the payment facility on the LL Website, using Lobella Loves’ current active processing system.
6.3 Lobella Loves may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. Lobella Loves will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
7. REFUNDS AND RETURNS
7.1 Your rights to cancel your Contract will be subject to what it is you have bought, whether there is anything wrong with it and when you decide to end the Contract.
a. If the Product is faulty or not as described you have a legal right to end the Contract and return the Product, see Clause 7.2 below.
b. If you want to end the Contract because of the reasons set out in Clause 7.3 below please see that Clause for what your rights are.
c. If you have just changed your mind about the Product, see Clause 7.4 below. You may be able to get a refund if you are within the cooling-off period (but this may be subject to deductions and you will have to pay the cost of returning any Products) and the Products are cancellable.
7.2 If the Product is faulty or not as described you have a legal right to end the Contract and return the Product. Legally you have 30 days after the day your purchase the Product to notify LL of the fault or incorrectly described item in order to qualify for a refund.
7.3 Ending the Contract because of something LL has done or is going to do. If you are ending aContract for a reason set out at (a) to (f) below the Contract will end immediately and, if you have already paid for the Products, LL will refund you in full for any Products which have not been provided. You may also be entitled to compensation The reasons are:
a. LL has told you about an upcoming change to the Product, the Contract or these Terms which you do not agree to;
b.LL has told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
c. the Product is not in stock or is no longer available;
d.there is a risk that supply of the Products may be significantly delayed because of events outside LL’s; or
e. you may also have a legal right to end the Contract because of something LL has done wrong.
7.4 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most Products bought online you have a legal right to change your mind within 14 days and receive a refund. However, this right to change your mind does not apply in the case of Non-Cancellable Products:
a. Anything that is made to your specific requirements is personalised or otherwise can't be resold due to a bespoke element;
b. Perishable Products (like food or flowers)
c. Creative pieces that are specially commissioned when you place an Order, like artwork, bespoke products such as prints or toys, personalised items, stationery designs, sculpture, and ceramics and any other Products or designs that are specifically created for the Customer;
d. Personal items sold with a hygiene seal (like cosmetics or underwear) where the seal is broken; and
e. Cosmetic Products, hair accessories, underwear, swimwear, bibs and teething accessories due to hygiene reasons.
To avoid disappointment, please check whether an item is cancellable or non-cancellable before ordering.
7.2 You have 14 days after the day you purchase the Product to return if you change your mind.
8. HOW TO CANCEL AN ORDER OR RETURN A PRODUCT
8.1 To cancel an Order, you just need to let Lobella Loves know that you have decided to cancel.
8.2 If you end the Contract for any reason after Products have been dispatched to you or you have received them, you must return them to Lobella Loves. You must either post them back to Lobella Loves at the address provided when you cancel your Order in accordance with clause 8.1 above or (if they are not suitable for posting) allow Lobella Loves to collect them from you. If you are exercising your right to change your mind you must send off the Products within 14 days of telling Lobella Loves you wish to end the contract.
8.3 Lobella Loves will pay the costs of return:
a. if the Products are faulty or described incorrectly; or
b. if you are ending the Contract because you have a legal right to do so as a result of something Lobella Loves has done legally wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
8.4 If you are exercising your right to change your mind LL may reduce your refund of the price to reflect any reduction in the value of the Products if your handling them in a way that would not be permitted in a shop has caused this. We do not refund extra delivery costs, for example, if you choose to have the Product delivered within 24 hours, then we will not refund you this cost since free delivery is standard on the LL Website.
8.5 LL will make any refunds due to you as soon as possible.
8.6 If you are exercising your right to change your mind then your refund will be made within 30 Business Days from the day on which you provide LL with evidence that you have sent the Product back.
9. ORDER AND DELIVERY
9.1 It is your responsibility to ensure that the specification and options (if any) that you entered are accurate.
9.2 After you place an Order, you will receive an e-mail from Lobella Loves acknowledging that Lobella Loves has received your Order.
9.3 Delivery of an Order shall be completed when LL delivers the Products to the address you gave Lobella Loves and the Products will be your responsibility from that time.
10. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
10.1 Where Lobella Loves has been negligent and/or breached a contractual obligation to you, it will be liable for any loss or damage you suffer as a result, provided that loss and/or damage are foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Lobella Loves’ negligence or breach of contract, or would have been considered by you and Lobella Loves to be a likely consequence of it at the time we entered into the Lobella Loves Contract.
10.2 Nothing in these Terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
10.3 Subject to Clause 10.2, Lobella Loves shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of anticipated savings or any indirect or consequential loss arising under or in connection with these Terms.
11. OUR RIGHT TO VARY THESE TERMS
11.1 Lobella Loves amends these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.
11.2 Every time you order Products via the Lobella Loves Website, the Terms in force at the time of your Order will apply to that particular Order.
12. EVENTS OUTSIDE OUR CONTROL
12.1 Where Lobella Loves is prevented from or delayed in carrying out obligations under these Terms due to an Event Outside Our Control then:
(a) Lobella Loves, or a representative, will contact you as soon as reasonably possible to notify you; and
(b) Lobella Loves’ performance of its obligations shall be postponed for the period of time that the Event Outside Our Control continues.
13. DISPUTE AND COMPLAINT
13.1 If you are dissatisfied with the Products that you receive and have the legal right to do so, please request a refund of the Product and return the Products in accordance with Clause 8.
13.2 If you are dissatisfied with a Non-Cancellable Product, please contact Lobella Loves in line with the Delivery and Returns Policy as soon as possible.
14. OTHER IMPORTANT TERMS
14.1 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.
14.2 Any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
14.3 Lobella Loves and the Customer both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if the Customer is a resident of Northern Ireland the Customer may also bring proceedings in Northern Ireland, and if the Customer is a resident of Scotland, the Customer may also bring proceedings in Scotland.
Last Updated 27/03/19