Customer Terms and Conditions
Updated Feb 2018
Customer T&Cs – Lobella Loves
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);
- our terms and conditions in relation to the delivery and returns we offer to anyone buying or selling products on our website (our “Delivery and Returns Policy”);and
- our terms and conditions in relation to the services we offer to anyone selling products on the Lobella Loves Website (our “Seller Terms and Conditions”).
(together or individually these may be referred to as our "Terms and Policies").
Specifially 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.
- 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 firstname.lastname@example.org. 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 Sellers 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’ or the Seller's 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 Seller'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;
“LL Seller Portal” means the content management system provided by LL to each Seller for management of its associated transactions with Buyers;
“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 by a Seller on the LL Website;
“Seller” means an individual or a company who lists Products on the LL Website;
“Seller Contract” has the meaning given in Clause 4;
“Working Day” means a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
- OUR SERVICES AND THE PRODUCTS
As a user of the LL Website, you will have access to the following services provided by Lobella Loves: (a) an online platform for purchasing Products offered for sale by Sellers via the LL Website; (b) in the case of Sellers, access to the LL Seller Portal; and (c) assistance in concluding the Seller Contract referred to in Clause 4 below.
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 or the Sellers from time to time (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).
The LL Website allows you to order and pay for a broad range of Products from a variety of Sellers. Lobella Loves’ role is to provide a platform for Sellers to list Products and Customers to purchase Products. When we advertise a product for sale on the Site, we are not offering to sell that product. Instead, we are inviting you to make an offer to buy the product from the third party Seller who is advertising that product on our site. For the avoidance of doubt, Lobella Loves is not responsible or liable to you for the actual Products that you order through Lobella Loves Website
The Products are provided by Lobella Loves’ various Sellers, and Lobella Loves is responsible for processing your Order(s) as the commercial agent of the relevant Seller.
For the avoidance of doubt, Lobella Loves is not responsible or liable to you for the actual Products that you order through Lobella Loves Website. The provision of the Products ordered via Lobella Loves Website is the responsibility of the Seller who provides them. In the event you pay for Products via Lobella Loves Website, your payment will be received by Lobella Loves acting as commercial agent on behalf of the Seller. Lobella Loves’ receipt of the correct payment will discharge your debt to that Seller.
- CONTRACTUAL RELATIONSHIPS
For the avoidance of doubt, by using the LL Website you agree to be bound by these Terms. If you do not agree with these Terms please do not purchase products through the LL Website.
Lobella Loves offers a service that facilitates the placing of orders with third party Sellers. All orders placed through the Site will be subject to:
- the Seller’s acceptance of the order;
- any additional terms and conditions imposed by the Seller; and;
- all goods are sold subject to availability.
Each Order placed by you shall be deemed to be an offer by you to purchase the Products from the Seller. No Order is accepted and no contract comes into existence until you receive a Dispatch Confirmation from the Seller, at which point two binding legal contracts will come into existence:
- a contract between you and Lobella Loves (under which Lobella Loves has certain obligations to you in relation to the processing of the Order (the Lobella Loves Contract)). That contract is made based on these Terms; and
- a contract between you and the relevant Seller in respect of the supply of the Products that you order through the LL Website (the Seller Contract). That contract may include separate Seller Terms and Conditions, which will be availbale on relevant Seller’s page on the LL Website.
For the avoidance of doubt, the Seller Contract is a sale contract formed solely between the Seller and the Customer and Lobella Loves is not part of such contract.
- 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.
5.2 Sellers may deliver to a selection of countries worldwide. It is your responsibility to check upon ordering the item that the Seller ships to your country and the cost of this. Dispatch and delivery times vary according to the product and the Seller. It is the Customer’s responsibility to check these time scales when placing your order
6.1 When Customers place their orders and before acceptance of it has occurred Customers will be required to make full payment to the Seller of the item via Lobella Loves’ secure online checkout process. Please note that the Site is a marketplace, and as that transactions are between you and Seller, and not between you and Lobella Loves even though we will take your payment from you;
6.2 Payments for Products you purchase from the Seller 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.
- REFUNDS AND RETURNS
7.1 Your rights to cancel your Seller 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 Seller Contract.
a. If the Product is faulty or not as described you have a legal right to end the Seller Contract and return the Product, see Clause 7.2 below.
b. If you want to end the Seller 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 Seller Contract and return the Product. Legally you have 30 days after the day your purchase the Product to notify the Seller of the fault or incorrectly described item in order to qualify for a refund.
7.3 Ending the Seller Contract because of something LL or the Seller has done or is going to do. If you are ending a Seller Contract for a reason set out at (a) to (f) below the Seller 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 from the Seller. The reasons are:
a. LL or the Seller has told you about an upcoming change to the Product, the Seller Contract or these Terms which you do not agree to;
b.LL or the Seller 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 the Seller’s control; or
d. you may also have a legal right to end the Seller Contract because of something the Seller 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 (ie: outside of standard customisation options offered by the Seller to all Customers), 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.
- HOW TO CANCEL AN ORDER OR RETURN A PRODUCT
8.1 To cancel an Order, you just need to let the Seller you ordered the product from know that you have decided to cancel. The easiest way to do this is find the Seller profile on the LL Website and click on the Contact Info tab.
8.2 If you end the Seller Contract for any reason after Products have been dispatched to you or you have received them, you must return them to the Seller. You must either post them back to the Seller 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 the Seller 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 the Seller you wish to end the Seller Contract.
8.3 The Seller will pay the costs of return:
a. if the Products are faulty or described incorrectly; or
b. if you are ending the Seller Contract because you have a legal right to do so as a result of something the Seller 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 after receiving confirmation from the Seller of their approval of the refund.
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 the Seller informs LL it has received the Product back from you or, if earlier, the day on which you provide LL with evidence that you have sent the Product back to the Seller.
- 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. However, please note that this does not mean that your Order has been accepted. The acceptance of your Order will take place as described in Clause 4.
9.3 Your shopping basket on the Lobella Loves Website displays the Products you have chosen, the Seller who shall provide them and details of postage and packing over an above the free standard delivery. The extra delivery costs will vary according to the delivery methods they offer. Any delivery times quoted are in Business Days.
9.4 Delivery of an Order shall be completed when the Seller delivers the Products to the address you gave Lobella Loves and the Products will be your responsibility from that time.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
10.1 Lobella Loves has no liability whatsoever for any act or omission of a Seller, arising from or in connection with the use of the LL Website, including the fulfilment of any Orders.
10.2 You acknowledge that Lobella Loves is not required to verify or undertake any due diligence on any Sellers, nor on any Products uploaded to the LL Website.
10.3 Lobella Loves makes no guarantees or endorsements of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to any Products, or the related pictures, photographs, statements or other information provided via the LL Website.
10.4 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 in accordance with Clause 4.
10.5 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.
10.6 Subject to Clause 10.5, 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.
- 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.
- EVENTS OUTSIDE OUR CONTROL
12.1 Where Lobella Loves or a Seller is prevented from or delayed in carrying out obligations under these Terms (or the Seller Contract, as applicable) due to an Event Outside Our Control then:
a. Lobella Loves, the Seller or a representative of either of them will contact you as soon as reasonably possible to notify you; and
b. either Lobella Loves’ or the Seller's (as the case may be) performance of its obligations shall be postponed for the period of time that the Event Outside Our Control continues.
- 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 to the Seller in accordance with Clause 8.
13.2 If you are dissatisfied with a Non-Cancellable Product, please contact a Seller in line with the Delivery and Returns Policy as soon as possible.
13.3 Lobella Loves is not party to the Seller Contract and therefore is unable to resolve any disputes. However, Lobella Loves shall exercise reasonable endeavours to aid any disputes that may arise between a Seller and a Customer.
- 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.
14.4 Lobella Loves is a UK VAT registered company. For the avoidance of doubt, LL charges Sellers VAT on the Lobella Loves’ commission it charges in repect of the services it offers Sellers.