Terms of Service

TERMS AND CONDITIONS

Please read all these Terms and Conditions.

 

 As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these Terms and Conditions to make sure that they contain all that you want and nothing that you are not happy with.

 

Application 1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you ). We are LavenderLobster Ltd of 54A High Street , Shefford , Bedfordshire , SG17 5AX with emailaddress laura@thelavenderlobster.com ; (the Supplier or us or we ).

2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by theseTerms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You canonly purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old. Interpretation

3. Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession; 

4. Contract means the legally-binding agreement between you and us for the supply of the Goods;

5. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in theOrder;

6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

 7. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in theOrder;

8. Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process setout on the Website;

9. Privacy Policy means the terms which set out how we will deal with confidential and personal information receivedfrom you via the Website;

10. Website means our website www.thelavenderlobster.com on which the Goods are advertised. Goods

11. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Anydescription is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goodssupplied. 1

2. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information orspecification you provide is accurate. 13. All Goods which appear on the Website are subject to availability. 14. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. Wewill notify you of these changes. Personal Information 15. We retain and use all information strictly under the Privacy Policy. 16. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and youexpressly agree to this. Basis of Sale 17. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order hasbeen submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay. 18. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting theOrder. It is your responsibility to check that you have used the ordering process correctly. 19. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order( Order Confirmation ). You must ensure that the Order Confirmation is complete and accurate and inform usimmediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Orderyou agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the OrderConfirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in anyevent not later than the delivery of any Goods supplied under the Contract. 20. Any quotation is valid for a maximum period of __________ days from its date, unless we expressly withdraw it at anearlier time. 21. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has beenentered into unless the variation is agreed by the Customer and the Supplier in writing. 22. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not thecase, you must tell us, so that we can provide you with a different contract with terms which are more appropriate foryou and which might, in some respects, be better for you, eg by giving you rights as a business. Price and Payment 23. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of theOrder or such other price as we may agree in writing. 24. Prices and charges include VAT at the rate applicable at the time of the Order. 25. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately orotherwise before delivery of the Goods. Delivery 26. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement,without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into. 27. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to anyother remedies) treat the Contract at an end if: a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevantcircumstances at the time the Contract was made, or you said to us before the Contract was made that delivery ontime was essential; or b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstancesand we have not delivered within that period. 28. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under theContract. 29. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order forany Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods havebeen delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this. 30. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair thevalue of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods withoutalso cancelling or rejecting the Order for the rest of them. 31. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and theChannels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties orother taxes, as we will not pay them. 32. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason,subject to the above provisions and provided you are not liable for extra charges. 33. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we maycharge the reasonable costs of storing and redelivering them. 34. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, ifreasonably practicable, examine the Goods before accepting them. Risk and Title 35. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you. 36. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towardsyour bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you,in which case you must return them or allow us to collect them. Withdrawal , Returns and Cancellation 37. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind andwithout giving us a reason, and without incurring any liability. 38. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below.These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the followingcircumstances: a. goods that are made to your specifications or are clearly personalised; b. goods which are liable to deteriorate or expire rapidly. 39. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances: a. in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other itemsafter delivery. Right to Cancel 40. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason. 41. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than thecarrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods overtime (ie subscriptions), the right to cancel will be 14 days after the first delivery. 42. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement settingout your decision (eg a letter sent by post or email). You can use the attached model cancellation form, but it is notobligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decideto use the model cancellation form. 43. You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer'sdecision to cancel the Contract on our website www.thelavenderlobster.com . If you use this option, we will communicateto you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay. 44. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of theright to cancel before the cancellation period has expired. Effects of Cancellation in the Cancellation Period 45. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, includingthe costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the leastexpensive type of standard delivery offered by us). Deduction for Goods Supplied 46. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result ofunnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics andfunctioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This isbecause you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss. Timing of Reimbursement 47. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than: a. 14 days after the day we receive back from you any Goods supplied, or b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods. 48. If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without unduedelay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract. 49. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless youhave expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. Returning Goods 50. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goodsor hand them over to us at 54A High Street , Shefford , Bedfordshire , SG17 5AX without delay and in any eventnot later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline ismet if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost ofreturning the Goods. 51. For the purposes of these Cancellation Rights, these words have the following meanings: a. distance contract means a contract concluded between a trader and a consumer under an organised distance salesor service-provision scheme without the simultaneous physical presence of the trader and the consumer, with theexclusive use of one or more means of distance communication up to and including the time at which the contract isconcluded; b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to aconsumer and the consumer pays or agrees to pay the price, including any contract that has both goods and servicesas its object. Conformity 52. We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does notmeet the following obligation. 53. Upon delivery, the Goods will: a. be of satisfactory quality; b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, youmade known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment)and be fit for any purpose held out by us or set out in the Contract; and c. conform to their description. 54. It is not a failure to conform if the failure has its origin in your materials. Successors and Our Sub-Contractors 55. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for itsobligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to helpperform its duties. Circumstances Beyond the Control of Either Party 56. In the event of any failure by a party because of something beyond its reasonable control: a. the party will advise the other party as soon as reasonably practicable; and b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and theparty will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer'sabove rights relating to delivery and any right to cancel, below. Privacy 57. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation withregard to your personal information. 58. These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy Policy( __________ ) and Cookies Policy ( __________ ). 59. For the purposes of these Terms and Conditions: a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but notlimited to the GDPR. b. 'GDPR' means the UK General Data Protection Regulation. c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR. 60. We are a Data Controller of the Personal Data we Process in providing Goods to you. 61. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the courseof providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws: a. before or at the time of collecting Personal Data, we will identify the purposes for which information is beingcollected; b. we will only Process Personal Data for the purposes identified; c. we will respect your rights in relation to your Personal Data; and d. we will implement technical and organisational measures to ensure your Personal Data is secure. 62. For any enquiries or complaints regarding data privacy, you can e-mail: laura@thelavenderlobster.com . Excluding Liability 63. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury causedby negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) losswhich was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss ofprofit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because theSupplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession. Governing Law, Jurisdiction and Complaints 64. The Contract (including any non-contractual matters) is governed by the law of England and Wales . 65. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer livesin Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland. 66. We try to avoid any dispute, so we deal with complaints in the following way: At Lavender Lobster, we take great carein the design and production of our garments, and we want every customer to be delighted with their purchase. If youexperience an issue, please contact us via email within 14 days of receiving your order so we can review and resolve it.We aim to respond to all emails within 48 hours. Depending on the situation, resolutions may include a replacement, refund, or store credit, with the exception of made-to-order items, which can not be returned. Faulty or damaged items will be replaced or refunded in full, while returns forreasons such as sizing or change of mind may be eligible for exchange or credit at our discretion. We handle allcomplaints with care, and your feedback helps us continually improve our products and service. . Attribution 67. These Terms and Conditions were created using a document from RocketLawyer (https://www.rocketlawyer.com/gb/en). Model Cancellation Form To Lavender Lobster Ltd 54A High Street Shefford Bedfordshire SG17 5AX Email address: laura@thelavenderlobster.com I/We[*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*] [for the supply of thefollowing service [*], Ordered on [*]/received on [*]______________________(date received) Name of consumer(s): Address of consumer(s): Signature of consumer(s) (only if this form is notified on paper) Date [*] Delete as appropriate.