TERMS AND CONDITIONS OF BUSINESS
1. This website is operated by Lully ltd. Terms such as “we”, “us” and “our” refer to Lully Ltd where they are used in these terms and conditions.
2. By purchasing something from our ecommerce store, you agree to be bound by the terms and conditions contained in this document.
4. We will take all reasonable care to ensure that the details displayed for a particular item offered for sale are correct at the time when the information was entered onto the system.
5. Whilst care is taken to ensure that we display as accurately as possible appearances, colours, textures or finishes, may differ a little.
6. We may not be able to accept your order due to one or more of the following reasons, or for a reason not listed below:
i) The item you have ordered is out of stock
ii) We cannot authorise your payment or have reasonable grounds to suspect your payment may be fraudulent
iii) There has been a pricing or product description error
iv) There is a system or procurement failure
v) You have failed our customer validation checks
7. When you place an order you will receive an email confirming the details of your order. This email is not confirmation that your order has been accepted by us.
8. Your order will only be accepted by us once your goods have been dispatched.
9. On completing your purchase you will be presented with one or more options for delivery. Where an estimated timescale for delivery is provided, this is an estimate only and your items may be delayed in being received due to circumstances beyond our control (such as a courier delay, or at busy times).
10. Where you select a “next day delivery” option, orders placed on Fridays, Saturdays or Sundays may not be despatched for delivery until the following Monday and so may not be received until Tuesday.
11. If shipping overseas, the customer is responsible for the payment of duties and taxes.
12. If you wish to cancel an order you have placed you must contact us immediately to ascertain whether the items have been dispatched or not. Where they have been dispatched, you will need to return the item to us and you will be responsible for paying the cost of returning the items.
13. Where items have not been dispatched prior to a cancellation request our refund policy will apply.
14. Where you have ordered a personalised, perishable or time critical item you may not be able to cancel for a full refund.
LIABILITY AND INDEMNITY
15. Lully Ltd. shall not be liable for any direct, special, indirect or consequential or incidental damages including loss of profit or loss of opportunity as a result of the use of or the inability to use any items that have been ordered on this website.
16. You agree to indemnify us and our agents, officers, directors and employees, immediately and on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of any of our terms and conditions.
17. These terms and conditions are governed by English Law. Any dispute or difference shall be referred to and settled by arbitration.
18. These terms and conditions constitute the entire agreement between the parties and supersede any and all preceding and contemporaneous agreements between you and Lully Ltd whether written or oral.
19. We may change these terms and conditions at any time.
20. Should any part-term or term be found to be unenforceable then the remainder of the terms and conditions shall continue to have full force and effect as if the invalidated term was not present.
21. Should any delay or failure to comply with our obligations under these terms and conditions arise where it is beyond our reasonable control, we will not be responsible to you for such delay or failure.
INTELLECTUAL PROPERTY – TRADEMARKS/COPYRIGHT
22. All our products are copyright designs and the sound recordings in LULLY® are protected by copyright. It is an offence to copy, manufacture or sell such products without our permission.
23. This website and all materials on it, including, but not limited to, images, are the sole property of Lully Ltd. and are protected from unauthorised copying and dissemination by copyrights law, trademark law. You may not reproduce, republish, upload, post, transmit, or distribute in any way whatsoever any materials from www.luvlully.com without the prior written permission of Lully Ltd.
24. We reserve the right to use any information submitted by you (text, photos, graphics or other content) at our own discretion including, without limitation, to edit, copy, reproduce and post.
25. The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.