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TERMS & CONDITIONS
1. Definitions.
a) “Louise Oliver” means Louise Oliver Limited
b) “Force Majeure” means any clause affecting the performance by Louise Oliver of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control (but not limited to) governmental regulations, fire, flood or any other disaster or industrial dispute affecting a third party.
c) “Working days” means Monday to Friday, excluding bank or other Public Holidays.
2. Orders
a) All contracts of online sales made by Louise Oliver trading as Ladies Hats and Fascinators shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party (“the Customer”) with whom Louise Oliver trading as Ladies Hats and Fascinators is dealing.
b) All orders are subject to acceptance and to availability of the goods ordered. Louise Oliver trading as Ladies Hats and Fascinators is entitled to refuse any order placed by you. If an item is not in stock or is otherwise unavailable Louise Oliver reserves the right to cancel the order.
c) You undertake that:
1) all details you provide to us for the purpose of purchasing the goods or services offered on our web site are correct
2) the credit or debit card you use to make a purchase from us is your own or your company’s card, that you are authorized to use it and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from us. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.
3. Prices
a) Louise Oliver reserves the right to change prices without prior notice.
4. Delivery, Title and Risk
a) Any date stated for delivery is an estimate only. Louise Oliver makes every effort to dispatch goods on time, but does not accept liability for failure to deliver within the stated time.
b) Louise Oliver does not accept liability for shortages or damage to deliveries unless the Customer notifies Louise Oliver of the shortage or damage in writing (email acceptable) within 7 days of receipt of the delivery and returns the goods within 14 days.
c) The customer must accept the goods when they are ready for delivery.
d) Delivery is deemed to take place when the goods are delivered to the Customers’ nominated address. Ownership of the goods, all risk associated with the goods including loss, breakage and damage and all other risks shall pass to the Customer on delivery.
5. Payment
a) Payment can be made on any major credit or debit card. Payment will be debited and cleared from your account before the dispatch of your order.
b) You confirm that the credit/debit card that is being used is yours.
c) All credit/debit cardholders are subject to validation checks and authorization by the card issuer and we may share your personal information with such parties as are necessary to enable us to do such checks. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any delay or non-delivery.
6. Product Specifications and Returns
a) All Louise Oliver goods advertised are sample pieces; we take care to ensure the description and the specification of our products is correct. Louise Oliver reserves the right to supply the goods subject to variations in actual dimensions and specifications, without prior notice, as the goods are made individually by hand. Furthermore while the colour reproduction of our goods is a close representation, we cannot accept any responsibility for any variation in colour caused by the browser software or computer system used by you.
b) Louise Oliver is committed to providing the highest quality goods. However, as they are handmade, some items may be found to be faulty or defective. In such cases, we offer a refund provided we are notified (by email) of the defective goods within 7 days and the goods are returned within 14 days of receipt.
c) Louise Oliver does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering.
7. Returns Policy
a) Louise Oliver does not accept returns unless the product is faulty.
d) Louise Oliver will not accept returns for any items that have been used and tags removed. Upon receipt of an order, if any item has been received with no tags, customers should notify us in writing by email on the same day.
e) Louise Oliver will only accept returns provided the goods are in their original packaging. We advise all customers to check items thoroughly on delivery before removing any attached tags and before disposing of any original packaging.
f) Returned goods lost in the post, arrived damaged or in an unfit condition for resale, will not be refunded. The customer is responsible for the cost and risk of returning the goods.
g) Any refund will be issued against the credit/debit card on which the purchase was made, but as we cannot credit back more than what was spent, we are unable to refund any return postage costs.
8. Louise Oliver’s liability
a) Louise Oliver shall under no circumstances, save as precluded by law, be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships, loss of data and other financial loss. (“Financial loss”) in this sense does not refer to the price you have paid for the goods, which we may be liable to refund, in whole or in part, if the goods are faulty or do not comply with their description), Louise Oliver’ in respect of all other losses shall be limited to the invoiced amount of the relevant order, provided it has been paid.
b) In the event that Louise Oliver agrees to make a refund it will be made as soon as possible but in any event the customer will be repaid within 30 days.
c) The customer may also request cancellation of his or her payment where a fraudulent use of a payment card has been made.
d) If the goods ordered are unavailable, the customer will be informed and is entitled to any sums paid as soon as possible in any case within 30 days.
9. Health and Safety
a) in accordance with the Health and Safety at Work, etc Act 1974 and the Consumer Protection Act 1987, Louise Oliver confirms that goods its supplies as a distributor do not represent a hazard to health and safety when properly used for the purpose for which they are designed and if the Customer takes reasonable and normal precautions in their use.
10. Force Majeure
a) Where, in spite of its reasonable efforts, Louise Oliver is unable to perform an obligation due to force majeure, it shall not be deemed to be in breach of its contract with the Customer.
11. Copyright
a) The design of all items shown on this website is copyrighted. Under no circumstance may you re-use any information from this site for your personal gain and no copying of any designs is permitted. Please respect our Design Team time in creating the items.
12. Error and Omissions
a) Louise Oliver makes every effort to ensure that all prices and descriptions quoted on its website are correct and accurate. However it is inevitable that mistakes will occasionally occur. In the case of a manifest error or omission, Louise Oliver will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer’s order and/or received payment from the Customer. Louise Oliver’s liability in that event will be limited to the return of any money the Customer paid in respect of that order. In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by Louise Oliver after the manifest error has been discovered.
b) A ‘manifest error’, as the term is used in sub-paragraph a) above, means, in relation to an incorrect price, a price quoted in error by Louise Oliver which is more than 10% less than the price that would have been quoted had the mistake not been made.
13. General
a) Nothing in these terms and conditions affect your statutory rights as a consumer.
b) If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
c) Any waiver of a breach of this Agreement must be in writing.
d) Any variation of this Agreement must be in writing and signed by a Louise Oliver official.
e) The headings are for convenience only and shall not affect the interpretation of this Agreement.
f) Any notices given under this Agreement shall be in writing and sent by email to the last notified email address of the party.
g) The notice shall be deemed served after system confirmation of email delivery.
h) These terms and conditions shall be governed by and construed in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts
i) Louise Oliver reserves the right to change or amend these terms and conditions at any time and without prior notice. |