Customer Terms & Conditions
- Definitions and Glossary of Terms
- Terms of Sale
- Contract For Sale
- Cancellations and Returns
- Missing Items
- Complaints and Disputes
- Site Access
- Disclaimer of Liability
- Disclaimer of Ownership
- No Warranty
- Governing Law and Jurisdiction
- Amendments and Notices
- Termination or Supsension of the Agreement
- Entire Agreement
a) This Agreement sets out the legally binding terms and conditions which govern Your use of the website www.loveandlilah.com (the “Site”) and any associated services (the “Service”), provided by Love and Lilah Ltd (“Love & Lilah”).
b) In using the Site and / or Service in any manner, You agree to be bound by the terms and conditions contained within this Agreement and in any associated document referenced in this Agreement.
c) This Agreement applies to all visitors to, and Customers of, the Site.
d) Use of the Service is limited to those that can lawfully enter into the Agreement and form contracts under the laws of England and Wales.
2. Definitions and Glossary of Terms
A private section of the Site, requiring the user to log in and enter a password.
All of the terms and conditions set out here and in any associated document or any amended version of the same, brought into effect from time to time in accordance with this Agreement
The total price paid by a Customer for one or more Products purchased on the Site including the cost of packaging and posting the item to the Customer
|Customer; You; Your|
Visitors to the Site that enter into or are invited to enter into a transaction to purchase one or more Products from the Site
These terms and conditions for the sale of Products to Customers
Third party websites that can be accessed via a link from the Site
|Love & Lilah; Us; We; Our|
Love and Lilah Ltd including its directors, officers, employees, consultants, agents and affiliates
A community of Sellers and Customers who interact via the Site and its Service
A Product, paid for by the Customer but not received from the Seller in fulfilment of an Order
Love and Lilah Limited and the User
Information requested by Love & Lilah and provided by the User to enable Love & Lilah to establish an Account and / or a Membership Account for the User
A series of documents, which may be represented electronically, that describe the governance of the Site and Service
An item offered for sale on the Site by the Seller
The recall of Products that have already been sold to Customers, in return for a Refund
A payment made to the Customer, in reimbursement of the Cart Value paid for a Product, as a result of a Return or Product Recall
A Product that has been purchased by the Customer and subsequently returned to the Seller
A substitute Product provided to a Customer, as a result of a Return
The services, associated with the Site, as described in this Agreement
|Seller; They; Their|
A person or entity whose application to Love & Lilah has been accepted and who sells their Products through the Site
Any person or entity that makes use, howsoever, of the Site or Service
A programme or piece of malicious code which is capable of copying itself and causing damage to a computer system, network or database
3. Terms of Sale
a) By placing an Order You are offering to purchase a Product from a Seller on, and subject to, the following terms and conditions.
b) When placing an Order You warrant that You are over 18 and that all details You provide to Us are true and accurate, that You are an authorised user of the Stripe or PayPal account, credit or debit card used to place Your Order and that there are sufficient funds to cover the cost of the goods.
c) All Orders are subject to availability and confirmation of the Order price.
d) All payment details entered on the Site are processed securely under the security of an SSL encryption.
e) Goods will not be dispatched until Your payment has been received.
f) Love & Lilah reserves the right to refuse to process any request made by You.
4. Contract for sale
a) When You place an Order, You will receive an acknowledgement e-mail from Us acting as commercial agent of the Seller, confirming receipt of Your Order and the identity of the Seller. Our acceptance of Your Order will take place when We email You to accept it, at which point a contract will come into existence between You and the Seller.
b) Only those goods listed in the confirmation e-mail will be included in the contract formed.
a) It is Our Sellers’ responsibility to ensure that all details, descriptions and prices which appear on this Site are accurate. Errors may, however, occur.
b) If the Seller discovers an error in the price of any goods which You have ordered they will inform You of this as soon as possible and give You the option of reconfirming Your Order at the correct price or cancelling it. If the Seller is unable to contact You, they will treat the Order as cancelled.
c) If We accept and process Your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by You as a mis-pricing,the Seller may end the contract, refund You any sums You have paid and require the return of any goods provided to You.
d) All prices are inclusive of any applicable tax.
e) Delivery costs will be charged in addition to the cost of the Products You order and such additional charges are clearly displayed where applicable. The delivery costs and Product costs together will be shown as the Cart Value.
6.1 Cost of Delivery
a) Each of Our Sellers sets their own postage costs, according to the type of Product They offer and the method by which that Product will be sent. Many offer free delivery.
b) Each Seller’s postage costs will be displayed at checkout, to enable You to review them before purchasing.
6.2 Delivery Timescales
a) Delivery timescales vary by Seller.
b) Most items will be with You within 5-7 days from receipt and acknowledgement of Your Order.
c) Where an item requires personalisation, this may take longer and bespoke pieces may take several weeks.
d) Please refer to each individual Product Description for details of expected delivery timescales.
6.3 Delivery Tracking
a) Each Seller will choose the carrier that best suits the item They are sending. Many items will be sent via the Royal Mail but in some cases, courier companies will be used.
b) When Your Order is dispatched, You will receive an email from Love & Lilah. If the item is to be sent by recorded or tracked delivery, the email will contain a link to the carrier’s website and the consignment number.
c) To track Your Order’s progress, You should visit the relevant carrier’s website and enter Your consignment number, where prompted.
6.4 Undelivered Items
a) If Your Order does not arrive as expected, You should contact the Seller direct. You can do this in one of two ways:
- email the Seller (You will find their email address on the Order dispatch email We sent to You) or;
- visit the Product page to which the Order relates and click on Contact Seller to use Our secure messaging system.
6.5 Next Day or Specified Delivery Dates
a) We do not offer next day delivery or specified delivery dates as standard.
b) If You need something urgently or on a specific date, You should contact the Seller direct, before You order, to check whether They will be able to fulfil Your request.
c) To contact the Seller, visit the Product page to which Your query relates and click on Contact Seller to use Our secure messaging system.
6.6 Delivery Area
a) We currently deliver only to addresses in the United Kingdom.
6.7 Delivery Address Book
a) If You have a Love & Lilah account, You may save multiple delivery addresses to Your address book.
b) Each time You check out, You will have the option to select the most appropriate delivery address from Your address book or choose a brand new one, if You have not already saved the address You would like to send the items to.
7. Order Cancellations and returns
7.1 order cancellations
a) For most Products, You have the right to cancel Your Order, prior to dispatch, for a full Refund.
b) There are, however, some Products which are not cancelable or refundable. Please see Section 7.3, entitled Products that cannot be cancelled, returned or refunded, for more information.
c) If Your Order is eligible for cancellation, You may cancel Your Order as follows:
- If You have a Love & Lilah Account: Log in to Your Account and choose Returns & Refunds in the left hand menu. Select the item You wish to cancel and complete the on-screen information to request a Refund.
- If You do not have a Love & Lilah Account: Go to our Guest Returns page and input your order details to request a refund or replacement. Alternatively, download, print and complete the attached form, and include it in the parcel when You return the item.
If Your Order has already been processed and dispatched, You will need to wait until the item is delivered and then return the Order directly to the Seller.
7.2 Returns Policy
a) For most Products, You have the right to return the item to the Seller in exchange for a full Refund or a Replacement Product.
b) There are, however, some Products which are not returnable or refundable. Please see Section 7.3, entitled Products that cannot be cancelled, returned or refunded, for more information.
c) If the Product is eligible to be returned, You must notify the Seller of Your intention to return it, within fourteen (14) days of receipt, as follows:
- If You have a Love & Lilah Account: Log in to Your Account and choose Returns & Refunds in the left hand menu. Select the item You wish to return and complete the on-screen information to request a Refund or Replacement.
- If You do not have a Love & Lilah Account: Go to our Guest Returns page and input your order details to request a refund or replacement. Alternatively, download, print and complete the attached form, and include it in the parcel when You return the item.
d) Once You have notified the Seller of Your intention to return a Product, You will have a further fourteen (14) days to return the item to the Seller, unused and in its original condition.
e) The item to be returned is Your responsibility until it reaches the Seller. For Your own protection, We recommend that You send the parcel using a delivery service that insures You for the value of the goods.
f) The Seller will initiate a Refund (including original delivery charge) within fourteen (14) days of receipt of the returned goods, or will exchange the item for a Replacement Product if preferred.
g) This Returns Policy does not affect Your statutory rights in the event that the Product you have received is damaged, incorrect or faulty.
7.3 Products That Cannot be Cancelled, Returned or Refunded
a) There are some Products that are non-cancelable, non-returnable and non-refundable unless they are damaged, incorrect or faulty.
b) These include:
- Tailor-made or personalised goods
- Perishable items such as food or fresh flowers
- CDs or DVDs if You’ve broken the seal or wrapping
- Items sealed for hygiene reasons where the seal is broken
8. Missing Items
a) If You have received an Order from the Seller but one or more of the expected items is missing, please notify the Seller of the Missing Item(s). This must be done within 24 hours of the date and time of delivery, or by 5pm on the next working day if delivery falls on a weekend or bank holiday.
b) You can notify the Seller of a Missing Item by email or by using the contact form on the Seller’s Product page, which You will find by selecting Questions and then Contact Seller.
c) The Seller will then arrange to supply the Missing Item or to provide a full Refund if preferred.
d) If You notify the Seller of the Missing Item after the relevant period stated at Section 8a), any investigation or Refund will be at the discretion of the individual Seller.
a) Should Your application for an Account be accepted, You will be invited to set a password.
b) You are solely responsible for keeping Your password confidential and secure.
c) If You lose or forget Your password, You will need to re-set it before You can re-access Your Account.
d) If Your password is compromised in any way, or You believe there is a risk that Your password may have been compromised, You must change Your password and notify Us immediately. To do so, please email email@example.com.
c) Love & Lilah may change this policy from time to time. You should check this page from time to time to ensure that You are happy with any changes.
10.2 What We Collect
a) We may collect the following information:
- Your name
- Your contact information including email address
- Your demographic information such as postcode, preferences and interests
- Other information relevant to customer surveys or offers
b) For the exhaustive list of cookies We collect, please see Section 10.7.
10.3 What We do with the Information We Gather
a) We require this information to understand Your needs and provide You with a better service, and in particular for the following reasons:
- Internal record keeping;
- To improve Our Products and services;
- To send periodic, promotional emails about new Products, special offers or other information which We think You may find interesting using the email address which You have provided;
- To contact You, from time to time, for market research purposes. We may contact You by email, phone, fax or mail. We may use the information to customise the website according to Your interests.
a) We are committed to ensuring that Your information is secure. In order to prevent unauthorised access or disclosure, We have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information We collect online.
a) A cookie is a small file which asks permission to be placed on Your computer's hard drive. Once You agree, the file is added and the cookie helps analyse web traffic or lets You know when You visit a particular site. Cookies allow web applications to respond to You as an individual. The web application can tailor its operations to Your needs, likes and dislikes by gathering and remembering information about Your preferences.
b) We use traffic log cookies to identify which pages are being used. This helps Us analyse data about web page traffic and improve Our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
c) Overall, cookies help Us provide You with a better website, by enabling Us to monitor which pages You find useful and which You do not. A cookie in no way gives Us access to Your computer or any information about You, other than the data You choose to share with Us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but You can usually modify Your browser setting to decline cookies if You prefer. This may prevent You from taking full advantage of the Site.
10.6 Controlling Your Personal Information
a) You may choose to restrict the collection or use of Your personal information in the following ways:
- whenever You are asked to fill in a form on the website, ensure that You do not tick any boxes that relate to direct marketing You do not want Your information used in this way
- if You have previously agreed to Us using Your personal information for direct marketing purposes, You may change Your mind at any time. You can do this by clicking on the unsubscribe link on any marketing email We send, updating Your preferences in Your Account or by emailing Us at firstname.lastname@example.org.
b) We will not sell, distribute or lease Your personal information to third parties unless We have Your permission or are required by law to do so.
c) We may use Your personal information to send You promotional information about third parties which We think You may find interesting if You tell Us that You wish this to happen.
d) You may request details of personal information which We hold about You under the Data Protection Act 1998. A small fee will be payable. If You would like a copy of the information held on You please write to Us at Love & Lilah, 71-75 Shelton Street, London WC2H 9JQ or email Us at email@example.com.
e) If You believe that any information We are holding on You is incorrect or incomplete, please write to Us or email Us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
10.7 List of Cookies We Collect
a) Listed below are the cookies We collect and what information they store.
|COOKIE name||COOKIE Description|
|CART||The association with your shopping cart.|
|CATEGORY_INFO||Stores the category info on the page, that allows to display pages more quickly.|
|COMPARE||The items that you have in the Compare Products list.|
|CURRENCY||Your preferred currency|
|CUSTOMER||An encrypted version of your customer id with the store.|
|CUSTOMER_AUTH||An indicator if you are currently logged into the store.|
|CUSTOMER_INFO||An encrypted version of the customer group you belong to.|
|CUSTOMER_SEGMENT_IDS||Stores the Customer Segment ID|
|EXTERNAL_NO_CACHE||A flag, which indicates whether caching is disabled or not.|
|FRONTEND||You sesssion ID on the server.|
|GUEST-VIEW||Allows guests to edit their orders.|
|LAST_CATEGORY||The last category you visited.|
|LAST_PRODUCT||The most recent product you have viewed.|
|NEWMESSAGE||Indicates whether a new message has been received.|
|NO_CACHE||Indicates whether it is allowed to use cache.|
|PERSISTENT_SHOPPING_CART||A link to information about your cart and viewing history if you have asked the site.|
|POLL||The ID of any polls you have recently voted in.|
|POLLN||Information on what polls you have voted on.|
|RECENTLYCOMPARED||The items that you have recently compared.|
|STF||Information on products you have emailed to friends.|
|STORE||The store view or language you have selected.|
|VIEWED_PRODUCT_IDS||The products that you have recently viewed.|
|WISHLIST||An encrypted list of products added to your Wishlist.|
|WISHLIST_CNT||The number of items in your Wishlist.|
11. Complaints and Disputes
a) We operate a complaints handling procedure which We will use to try to resolve disputes when they first arise.
b) Should You wish to make a complaint, please email Us at firstname.lastname@example.org.
c) Love & Lilah reserves the right to investigate and respond directly to the Complaint or to direct a Seller or other third party to respond, as appropriate.
d) In the event of a dispute between You and another User or any third-party, You agree to hold Love & Lilah harmless and release Us of all liability from any and all kinds of claims, demands, damages, (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
e) Love & Lilah may seek to assist in the resolution of disputes between Users or Users and outside third-parties, but will do so in its sole and absolute discretion and has no obligation to do so.
f) Love & Lilah will make no judgements of a legal nature.
g) All disputes related to financial transactions will ultimately be determined by PayPal or Stripe as applicable.
12. Site access
a) Access to the Site is permitted on a temporary basis, and We reserve the right to withdraw or amend the Services without notice.
b) We will maintain the Site and its functionality, correcting any faults in the Service as soon as is practicable and on a best endeavours basis.
c) We will not be liable if for any reason the Site is unavailable at any time or for any period.
d) From time to time, We may restrict access to some parts or all of the Site.
The Site also contains links to Linked Sites, which are not operated by Us.
e) Love & Lilah has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from Your use of them.
a) You must not misuse the Site.
b) You must not:
- commit or encourage a criminal offence;
- transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
- hack into any aspect of the Service;
- corrupt data;
- cause annoyance to other users;
- infringe upon any other person's proprietary rights;
- send any unsolicited advertising or promotional material, commonly referred to as "spam";
- or attempt to affect the performance or functionality of any computer facilities of or accessed through this Site.
Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990.
c) Love & Lilah will report any such breach to the relevant law enforcement authorities and disclose Your identity to them.
d) We will not be liable for any loss or damage caused by a distributed denial-of-service attack,
viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of this Site or to Your downloading of any material posted on it, or on any Site linked to it.
14. Disclaimer of Liability
a) The material displayed on this Site is provided without any guarantees, conditions or warranties as to its accuracy.
b) Unless expressly stated to the contrary to the fullest extent permitted by law, Love & Lilah and its Sellers, suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Site or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
c) This does not affect Love & Lilah's liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
15. Disclaimer as to Ownership of Trade Marks, Images of Personalities and Third Party Copyright
a) Except where expressly stated to the contrary all persons (including their names and images), third party trade-marks and images of third party Products, services and / or locations featured on this Site are in no way associated, linked or affiliated with Love & Lilah and You should not rely on the existence of such a connection or affiliation.
b) Any trade marks / brand names featured on this Site are owned by the respective trade mark or brand owners.
c) Where a trade mark or brand name is referred to it is used solely to describe or identify the Products and services and is in no way an assertion that such Products or services are endorsed by or connected to Love & Lilah.
a) If any of the terms or conditions of this Agreement are deemed unlawful, void or otherwise unenforceable, then such term or condition will be removed or modified to reflect the parties’ intention.
b) That term or condition will be deemed severable from the Agreement and will not affect the validity and enforceability of the remaining terms and conditions.
a) You agree to indemnify, defend and hold harmless Love & Lilah from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees)
arising from Your use of the Site or Your breach of any of the terms or conditions of this Agreement.
18. No Warranty
a) Love & Lilah provide the Site and its Service as is, and without any warranty or condition, express, implied or statutory.
b) We specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement.
c) No advice or information (oral or written) that You obtain from Love & Lilah shall create any warranty.
19. Governing Law and Jurisdiction
a) These terms and conditions are to be construed in accordance with the laws of England and Wales and in the event of any dispute or claim associated with these
terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English or Welsh courts.
20. Amendments and Notices
a) This Agreement may only be amended in writing (which may be represented online or by email) in accordance with Sections 20b) to 20h) inclusive.
b) Love & Lilah reserves the right to change any of the terms and conditions of this Agreement at any time and in its sole and absolute discretion.
c) Notice of any changes to this Agreement will be posted on the Site for thirty (30) days, prior to implementation.
d) You are responsible for reviewing each notice and noting the proposed changes.
e) Changes to any Policies that govern the Site or Service may be made without notice to You.
f) Any changes to this Agreement will be effective as soon as the revisions are posted on the Site.
g) By continuing to use the Site and Service provided by Us, You are deemed to have accepted the revisions.
h) If You do not agree with revisions made to this Agreement, the only course of action open to You will be to stop using the Site or Service.
21. Termination or Suspension of the Agreement
a) Love & Lilah may suspend or terminate the Agreement, access to the Site or Service, immediately and without notice to You if You:
- Provide false Personal Information or fail to keep Your Personal information accurate and up to date;
- Commit a material breach of one or more of the terms and conditions of this Agreement and, if capable of remedy, fail to remedy the breach within 30 days of a written notice to do so;
- Commit a fraudulent act on or in respect of the Site;
- Commit an act which may cause legal liability or financial loss to Love & Lilah or its Users;
- Behave in a manner which We consider conflicts with the spirit of the Love & Lilah Marketplace;
- Communicate with Us, Our staff, visitors, Customers, content providers or Sellers in a disrespectful or abusive manner.
a) If You breach these terms and conditions and We take no action, We will still be entitled to use Our rights and remedies in any other situation where You breach these terms and conditions.
a) Sections 13, 14, 15, 17, 18 19, 22, 23 will survive suspension, termination or expiry of this Agreement, however that arises.
24. Entire agreement
a) The above terms and conditions of the Agreement constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between You and Love & Lilah.
b) Any waiver of any provision of the Agreement will be effective only if in writing and signed by a representative of Love & Lilah.
a) The Site and Service described in this Agreement are provided by Love and Lilah Limited, 71-75 Shelton Street, Covent Garden, London WC2H 9JQ.