Terms and Conditions of Sale
The following General Terms and Conditions of Sale govern the offer and sale (together with the documents referred to below, including the Privacy Policy and General Terms and Conditions of Use) of products on our website ("www.lowndeslondon.com"). Please read these terms and conditions carefully before ordering any products. You should understand that by ordering any of our products, you agree to be bound by these terms and conditions.
WHO WE ARE
We are Lowndes London Limited a company registered in England and Wales with company number 09100258 ('LOWNDES LONDON' or 'WE') and our registered office is at 15 Weller Street London SE1 1QU.
CONTACT
You can contact us by emailing our customer services team at ask@lowndeslondon.com or by telephoning them on 0207 378 6918.
If we have to contact you we will do so by writing to you at the email address or postal address you provided to us in your order or by telephone to the number you have provided to us in your order.
When we use the words ‘writing’ or ‘written’ in these terms, this includes emails.
For further information do visit our Customer Service area or Contact Us directly.
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1. OUR BUSINESS POLICY
1.1
Lowndes London offers products for sale on www.lowndeslondon.com and its e-commerce business services are only available to end users who are Consumers.
1.2
"Consumer" shall mean any individual who is acting for purposes which are outside his or her trade, business or profession. If you are not a Consumer, you may not buy any products on www.lowndeslondon.com.
1.3
If you place an order you represent that you are a "Consumer”. Lowndes London reserves the right not to process orders which do not comply with Lowndes London's business policy.
1.4
These General Terms and Conditions of Sale (together with the documents referred to herein) regulate the offer, transmission and acceptance of purchase orders relating to products on www.lowndeslondon.com between a user of www.lowndeslondon.com and Lowndes London.
1.5
The General Terms and Conditions of Sale do not regulate the supply of services or the sale of products performed by third parties that are on www.lowndeslondon.com through links, banners or other hypertext links. Before sending orders and purchasing products and services from such third parties, we recommend that you verify the third party's identity and terms and conditions, since Lowndes London accepts no responsibility for and shall not be liable for the supply of goods to a user ordered from third parties or for the execution of e-commerce transactions between any user of www.lowndeslondon.com and any third party.
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2. HOW TO EXECUTE A CONTRACT WITH LOWNDES LONDON
2.1
To place an order for the purchase of one or more products on www.lowndeslondon.com, you must fill out the online order form and send it electronically to Lowndes London, following the relevant instructions.
2.2
The order form contains information on the main characteristics of each product ordered and the corresponding unit price (including all applicable fees and taxes), the type of payment mechanism that you may use in order to purchase each product, shipping terms for the purchased products, and shipping and delivery costs.
2.3
An order shall be deemed to have been submitted when Lowndes London receives your order form electronically and the order information has been verified as correct.
2.4
Before submitting your order form for the purchase of products, you will be asked to carefully read the General Terms and Conditions of Sale, to print a copy using the print option and to save or reproduce a copy thereof for your own personal use.
2.5
The order form will be filed in our database for the time required to process your order and as provided by law.
2.6
Before submitting the order form, you will be asked to identify and correct possible input errors.
2.7
English is the language used for submitting orders and Lowndes London’s acceptance of orders, and any communications between Lowndes London and a user. Lowndes London’s website is solely for the promotion of Lowndes London’s products in the United Kingdom. Unfortunately we do not accept orders from or deliver to addresses outside the United Kingdom.
2.8
After your order form has been submitted Lowndes London will assign an order number to your order and will inform you what it is. It will help if you can tell us the order number whenever you contact us about your order. Lowndes London will process your order and will then use Sagepay, an independent third party payment gateway, to process the payment. Sagepay will obtain authorization from your bank or issuer of credit or debit card for the payment and will make security checks on your address and identity.
2.9
Acceptance of your order in relation to products ordered on it will take place when Lowndes London emails you to advise that such products have been dispatched, at which point a contract will come into existence between you and Lowndes London in relation to the ordered products that Lowndes London notifies you have been dispatched. Any products you order that Lowndes London does not confirm as having been dispatched will not form part of the contract referred to above in this para 2.9 but will form part of a separate contract as and when and to the extent such products are dispatched to you by Lowndes London. Your placing of an order with us will not constitute a contract with Lowndes London save to the extent Lowndes London confirms the products have been dispatched as provided in this para 2.9.
Lowndes London reserves the right in its absolute discretion not to accept an order including for any reason relating to payment problems, availability of product, error in description or pricing of any products.
2.10
If Lowndes London does not accept your order for example, when payment has not been made, when orders are incomplete or incorrect, or the products are no longer available, we shall inform you by e-mail that the order has not been accepted specifying the reason for such decision. If the products displayed on www.lowndeslondon.com are no longer available at the time of your last access or when Lowndes London receives your order form, Lowndes London shall inform you of the unavailability of the ordered products within fifteen (15) days from the day after Lowndes London has received your order. If the order form has been sent to Lowndes London and the price has been paid for items that are no longer available, Lowndes London will refund the amount paid for those items.
2.11
By submitting an order form to Lowndes London with a view to making a contract with Lowndes London, you unconditionally accept and undertake to observe the provisions of these General Terms and Conditions of Sale as well as the further conditions of use of www.lowndeslondon.com. If you do not agree to any provisions of these General Terms and Conditions of Sale, you must not submit your order form for the purchase of products on www.lowndeslondon.com
2.12
By submitting an order form, you agree and accept these General Terms and Conditions of Sale as well as further conditions contained on www.lowndeslondon.com.
2.13
Upon receipt of an order form, Lowndes London shall send you a purchase order receipt e-mail, containing a summary of the information related to the order form (including a link to the General Terms and Conditions of Sale, the products' main characteristics, detailed information on the price, terms of payment, return policy and shipping costs).
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3. OUR PRODUCTS, GUARANTEES AND PRODUCT PRICE INDICATION
3.1
On www.lowndeslondon.com, we only offer products marked with the "Lowndes London" trademark. These products are manufactured by us.
3.2
Lowndes London does not sell second-hand products.
3.3
The main characteristics of products are shown on www.lowndeslondon.com on each product page. The products offered for sale on www.lowndeslondon.com may not exactly correspond to the real products in terms of image and colours due to the Internet browser or monitor used. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights and dimensions indicated on our website may have some variation.
The packaging of the product may vary from that shown in images on our website.
3.4
Prices are subject to change and will be as quoted on our site from time to time, except in cases of obvious error. Check the final price of sale before sending the relevant order form.
3.5
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order
3.6
Orders made from a country location Lowndes London does not ship to, or requires delivery to addresses to which Lowndes London does not ship, will be automatically cancelled.
3.7
When trying on any products purchased on www.lowndeslondon.com you should ensure that they are not damaged and must retain all packaging in its original form should you wish to return the purchased product.
3.8
As a Consumer (as defined at section 1.2 above), you are entitled to various statutory warranties including a warranty that the products supplied to you conform with your contract with us.
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4. PAYMENTS
4.1
Payment of the product prices and relevant costs for shipping and delivery must be made by using one of the procedures indicated on the order form.
4.2
In case of payment by Credit/Debit Card, all details (for example, card number or expiration date) will be sent by encrypted protocol to Sagepay, our selected partner which provides remote electronic payment services. Such details will not be used by Lowndes London except for performing the procedure relevant to your purchase or issuing refunds in the case of returns in compliance with the exercise of your return right or for reporting cases of fraud to the police. The price for the purchase of products and the corresponding costs for shipping and delivery, as indicated in the order form, will be charged to your account only immediately prior to the purchased products being actually shipped.
4.3
If you think an invoice is wrong, please contact us promptly to let us know.
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5. SHIPPING AND DELIVERY OF THE PRODUCTS
For specific product shipping and delivery procedures please see the relevant sections in the Customer Service area on www.lowndeslondon.com. Please read these sections carefully. The information provided in these sections forms an integral part of these General Terms and Conditions of Sale and, consequently, shall be deemed to have been fully read and accepted by you at the time you send your order form to us.
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6. CUSTOMER SERVICE
Please contact our Customer Service area on www.lowndeslondon.com for further information.
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7. CONSUMER RIGHTS AND THE COOLING-OFF PEROID
7.1
Exercising your rights 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.
7.2
These terms reflect the goodwill guarantee offered by Lowndes London to its customers whereby if you are a Consumer, you may cancel your contract with Lowndes London in relation to products purchased from www.lowndeslondon.com, without any penalty and without specifying the reason, by notifying Lowndes London in writing and returning the products to Lowndes London so that they are received by Lowndes London within twenty-eight calendar days, from the day the products were delivered to you which is more favourable to you than your statutory right to return goods under the Consumer Contracts Regulations 2013. In this case you will receive a full refund of the price of the products, including standard delivery costs, if any have been paid (but excluding supplementary costs for expedited delivery options, gift wrapping and other additional expenses) in accordance with this Condition 7 and Condition 10 below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products.
Your right to return products does not apply to goods made to your specification that have been clearly personalized.
7.3
If you wish to cancel the contract with Lowndes London in relation to any products you must return such products to Lowndes London within twenty-eight calendar days from the date they are delivered to you, in the same condition in which you received them, following the process outlined on the returns section of www.lowndeslondon.com. You have a legal obligation to take reasonable care of the products whilst they are in your possession.
7.4
To return the products:
- you should notify us in writing by completing and submitting the online Return Form or by Contacting Us. You should keep a record of your cancellation notice;
- the products should not have been used, worn or damaged;
- the products should be returned in their original packaging;
- products should arrive safely with Lowndes London within twenty-eight calendar days of the date they were delivered to you;
- the products should not be damaged.
7.5
If you cancel the contract within the specified cooling-off period pursuant to this Condition 7, we will process the refund due to you as soon as possible and, in any event within fourteen days of us receiving and signing for the returned products.
Save as provided below Lowndes London will refund the price of the product in full, including standard delivery costs, if any have been paid (but excluding supplementary costs for expedited delivery options, gift wrapping and other additional expenses). You may be liable for, and we may deduct from any refund due to you, any diminution to the value of the returned products caused by your handling of the products, save to the extent necessary to ascertain the characteristics, functions or nature of the products. Other than as set out herein, you will not incur any fees as a result of your request for reimbursement.7.6
You can return the products to Lowndes London either by:
a) the approved courier (as indicated on the online Return Form) via the pre-paid, personalised return label enclosed in your original order.
b) by packaging the relevant products securely and sending them, at your own risk and cost, to Lowndes London. For your protection, we recommend that you use a courier service with a tracking capability as Lowndes London will require proof of delivery, if you choose to return the goods other than via the pre-paid mechanism and approved courier as detailed at Condition 7.6(a).
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8. ITEMS RETURNED BECAUSE THEY ARE DEFECTIVE
8.1
If you are returning a product because of an error on our part or because it is damaged or defective through ordinary usage, within 12 months of purchase, we will replace or refund the product cost and delivery charges incurred in sending the item to you as long as the return procedure outlined on www.lowndeslondon.com is followed correctly or alternatively you should contact Customer Service to obtain direction on how to return the Product. This right to return a product under this Condition 8 is additional to your statutory right to cancel and the goodwill guarantee in Condition 7 and your statutory rights.
If the products are damaged when they are delivered to you, please take a photograph of the damaged products immediately upon discovering the damage and contact our customer service at ask@lowndeslondon.com, attaching photographs of the products.
8.2
You have a legal obligation to take reasonable care of the products whilst they are in your possession. A product is deemed to be damaged or defective through ordinary usage if, through regular wearing or use of the product, for the purpose for which it was designed, an issue has arisen that prevents it from being worn or used for the purpose for which it was designed otherwise than through normal wear and tear. A product is defective for purposes of this Condition 8 where any of the following occur in the course of ordinary usage of the product within 12 months of purchase:
a) A link breaks with a force which is less than 7 kg;
b) A lock or other functioning part ceases to be able to carry out its function;
c) A component of the product is damaged or separated away from the whole.
8.3
To return the products if they are damaged, defective or incorrect items:
You should notify our Customer Service team at ask@lowndeslondon.com in writing as soon as practicable, outlining the exact details of the damage or issue. Our Customer service department will outline the process for returning the product. The products must be returned to Lowndes London as soon as practicable following the identification of the damage, defect or incorrect item. In any event the goods must be returned to Lowndes London within 12 Months of the date of delivery of the products to you.
8.4
Lowndes London will examine all products returned as defective items and will notify you of your refund via e-mail within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any event, within fourteen (14) days of the day we confirm to you via e-mail that you are entitled to a refund for the defective product. Subject to acceptance by Lowndes London that the products sent to you were defective, and subject to the return procedure outlined by our Customer Service being followed correctly, products returned by you because they are defective will be refunded in full, including the cost of delivery. In the event that Lowndes London finds no fault with the returned products or that defect was caused by you, you will be notified that the returned products cannot be accepted and you may elect to have the products re-delivered to you at your cost. If you do not accept re-delivery Lowndes London reserves the right to retain the products, the purchase price and any delivery charges.
8.5
If the recipient of the products indicated in the order form is different from the individual who made the payment for such products, the amount paid for returned items shall be refunded by Lowndes London to the individual who made the payment.
8.6
We will usually refund any money received from you using the same method originally used by you to pay for the purchase, unless you have expressly agreed otherwise.
8.7
Lowndes London will refund the price of the products in accordance with the applicable time frame as specified in Condition 7 or 8 above. To the extent permitted by applicable law, Lowndes London shall not be responsible for any delay that is beyond its control including for delays caused by the method of purchase or refund.
8.8
We are under a legal duty to supply products that are in conformity with this contract.
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9. PRIVACY
9.1
You will find information on how we process your personal data by clicking on Privacy Policy.
9.2
We also ask that you read, if you haven't already done so, our General Terms and Conditions of Use because they contain important information on how we process the personal data of our users and on the security systems we have adopted.
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10. LIABILITY
10.1
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking any contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
10.2
To the fullest extent possible under applicable law, Lowndes London excludes any and all warranties and / or representations, whether express or implied, of any kind, in relation to this website or the products we sell on it. This shall not affect: (i) your statutory rights in relation to faulty or damaged products; or (ii) your rights to cancel a consumer contract made with us under these terms and conditions; or (iii) your rights expressly set out in these terms and conditions.
10.3
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products and for defective products under the Consumer Protection Act 1987.
10.4
We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We also ask that you read, if you haven't already done so, our General Terms and Conditions of Use because they contain important information on how we process the personal data of our users and on the security systems we have adopted.
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11.MISCELLANEOUS
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
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12. GOVERNING LAW AND DISPUTE RESOLUTION
These General Terms and Conditions of Sale are governed by English law.
If you are not happy with how we have handled any complaint please note that the European Commission provides a platform for alternative extra-judicial resolution of disputes, available on the European Commission Online Dispute Resolution Platform at http://ec.europa.eu/odr to which disputes under any contract between us may be submitted.
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13. AMENDMENTS AND UPDATES
The General Terms and Conditions of Sale may be amended from time to time due to new laws and regulations or other reasons. The new General Terms and Conditions of Sale shall be effective as of the date of publication on www.lowndeslondon.com.