TERMS AND CONDITIONS

 


TERMS AND CONDITIONS

 

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) and services (Services) listed on the website www.lillyloray.co.uk. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering our Products, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

1.  SERVICE AVAILABILITY

 

1.1 Our site is intended primarily for use by people resident in the UK. We do however also accept orders from individuals resident in other, non-UK, European Union member states. Please note that our delivery and returns policies differ according to whether you are resident in the UK mainland, non-mainland UK or another European Union member state.

2.   YOUR STATUS

 

2.1  By placing an order through our site, you warrant that:

you are legally capable of entering into binding contracts;

you are at least 18 years old;

you are resident in either the UK or another European Union member state; and

you are accessing our site from the UK or another European Union member state.

3.  HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

 

3.1  After placing an order, you will receive an e-mail from us confirming that your order has been accepted (Order Confirmation). The contract between us (Contract) will only be formed when we send you this Order Confirmation.

3.2  The Contract will relate only to those Products whose order we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the order of such Products has been confirmed in a separate Order Confirmation.

4.   CONSUMER RIGHTS

 

4.1  This section 4 applies only to individuals who order from us. It does not apply to business or commercial customers or those individuals who purchase a Product for business or commercial use.

5.  PRODUCTS AND SERVICES

 

5.1  All descriptions of the Products on our site are correct at the time of publication on our site. We have a policy of continuous product development and reserve the right to amend the specification of Products without prior notice in relation to future sales.

5.2  It is your responsibility to check that all the details on the order form are correct, including the exact specifications of the Products and delivery details.

5.3 Our Products are intended solely for domestic use in the UK and we give no guarantees or undertakings in respect of the use of our Products for commercial purposes. By agreeing to these terms and conditions, you agree that we are in no way responsible for any non-domestic or commercial use of our Products and that you have no rights to cancel this purchase if you are purchasing the Product in a business capacity (except in accordance with clause 11.6).

6.  GUARANTEES

 

6.1  The provisions of this clause 6 apply in addition to your statutory consumer rights in relation to faulty or mis-described goods. These rights are not affected by the guarantee.

6.2  Our guarantees are limited to goods sold and retained in mainland United Kingdom (excluding Northern Ireland) and used solely in private residences and not in commercial or rental properties.

7.  RISK AND TITLE

 

7.1 The Products will be at your risk from the time of delivery.

Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges (if any).

8.  PRICE AND PAYMENT

 

8.1  The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.

8.2  Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.

8.3  Products cannot be delivered until full payment has been received.

9.  OUR LIABILITY

 

9.1  We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

9.2  Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

9.3  This does not include or limit in any way our liability:

for death or personal injury caused by our negligence;

under section 2(3) of the Consumer Protection Act 1987;

for fraud or fraudulent misrepresentation; or

for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

9.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:

loss of income or revenue;

loss of business;

loss of profits or contracts;

loss of anticipated savings.

10.  IMPORT DUTY

 

10.1  If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

10.2  Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

11.  EVENTS OUTSIDE OUR CONTROL

 

11.1  We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

11.2  A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

Strikes, lock-outs or other industrial action;

Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

Impossibility of the use of public or private telecommunications networks;

The acts, decrees, legislation, regulations or restrictions of any government.

11.3  Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

12. WAIVER

 

12.1  If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

12.2  A waiver by us of any default shall not constitute a waiver of any subsequent default.

12.3  No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

13. SEVERABILITY

 

13.1  If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

14. ENTIRE AGREEMENT

 

14.1  These terms and conditions and any document expressly referred to in them, together with our Terms of Website Use, Privacy Policy and Cookie Policy represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing

14.2  We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

14.3  Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.

15.  OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

 

15.1  We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

15.2  You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

16. LAW AND JURISDICTION

 

16.1  Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales. TERMS OF WEBSITE USE

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.lillyloray.co.uk (our site). Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

1. ACCESSING OUR SITE

1.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

1.2 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.


2. INTELLECTUAL PROPERTY RIGHTS

2.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

2.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

2.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

2.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

2.5 You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

2.6 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

2.7 Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

3. OUR LIABILITY

3.1 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and

any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

loss of income or revenue;

loss of business;

loss of profits or contracts;

loss of anticipated savings;

loss of data;

loss of goodwill;

wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

3.2 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

4. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

4.1 We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

5. TRANSACTIONS CONCLUDED THROUGH OUR SITE

5.1 Contracts for the supply of goods or services formed through our site or as a result of visits made by you are governed by our terms of conditions of supply.

6. VIRUSES, HACKING AND OTHER OFFENCES

6.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

6.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

6.3 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 our site or to your downloading of any material posted on it, or on any website linked to it.

COOKIE POLICY

1. ABOUT COOKIES

1.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser, and stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

1.2 Cookies can be used by web servers to identity and track users as they navigate different pages on a website, and to identify users returning to a website.

1.3 Cookies may be either "persistent" cookies or "session" cookies. A persistent cookie consists of a text file sent by a web server to a web browser, which will be stored by the browser and will remain valid until its set expiry date (unless deleted by the user before the expiry date). A session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

2. COOKIES ON THIS WEBSITE

2.1 We use both session cookies and persistent cookies on this website.

3. HOW WE USE COOKIES

3.1 We may use the information we obtain from your use of our cookies for the following purposes:

to recognise your computer when you visit our website;

to track you as you navigate our website, and to enable the use of the shopping basket on our website;

to improve the website's usability;

to analyse the use of our website;

in the administration of this website;

to personalise our website for you.


4. THIRD PARTY COOKIES

4.1 When you use our website, you may also be sent third party cookies.

4.2 Our advertisers or service providers may send you cookies. They may use the information they obtain from your use of their cookies:

to track your browser across multiple websites;

to build a profile of your web surfing;

to target advertisements which may be of particular interest to you based on your past browsing behaviour and/or your past visits to the website; to limit the number of times you see an advert and help measure the effectiveness of advertising campaigns.

4.3 The information collected by these cookies may include personal information such as your name, address, telephone or email address but this information will only be passed on to third parties when you have given consent for your personal information to be used in this way.

4.4 You can find more information on additional third party cookies on our website in the table below.

5. BLOCKING COOKIES

5.1 Most browsers allow you to refuse to accept cookies.

6. DELETING COOKIES

6.1 You can also delete cookies already stored on your computer.

6.2 Deleting cookies will, however, have a negative impact on the usability of many websites.

7. CUSTOMER INFORMATION

We share customer information with third parties only for our services. And we obtain consent for such sharing where legally required.