Terms & Conditions

This website is operated by Lovely & Healthy Ltd, registered Company number 6309985
38 Schoolfields Road, Shenstone, Lichfield, WS14 0LL.

General
In these conditions references to "the Company" are to Lovely & Healthy Ltd and references to "the Purchaser" are to any person, firm or company with whom the Company enters into any contract whether directly or indirectly. All quotations or tenders given and all orders received and accepted are executed on the basis that the Purchaser is bound by these conditions of sale. Where there is any inconsistency between these conditions of sale and any conditions or other terms which the Purchaser seeks to impose these conditions of sale shall prevail. These conditions supersede any other terms appearing elsewhere and exclude and override any other terms or representations stipulated or incorporated or referred to by the Company whether in the order or in any negotiations or course of dealings established between the Company and the Purchaser. No amendment or variation of these conditions will apply unless confirmed in writing by a director of the Company.

Prices
Unless otherwise agreed in writing, all orders are accepted subject to prices and any related discount applying at the date of delivery and any price list of the Company whether published or not shall not affect the right of the Company to charge for goods in accordance with this clause. The Company reserves the right to alter prices.

Payment
Until such time as the Company has confirmed credit account facilities in writing, payment is due in full in sterling at the time of order. Where the contract provides for separate instalments, deliveries or parts, payment for each instalment, delivery or part shall be made as it the same constituted as separate contract. The Company shall have the right to invoice the Purchaser for a partial delivery of the goods. Time for payment is of the essence.

Property
Title to the goods shall remain the property of the Company until the Company has received all payments which are owing to it by the Purchaser under any account whatsoever. While the goods are the property of the Company the Purchaser shall hold them as bailee on behalf of the Company and shall keep the goods safe, insured, separate and identifiable from all other goods in its possession.

Carriage charges
Cost of carriage is to be paid for by the Purchaser at the time of order. The Company reserves the right to choose the mode of transport and to charge for deliveries at a rate relevant to the time and cost in undertaking such a delivery.

Loss or damage in transit
Any times quoted for dispatch, repair or replacement are to be treated as estimates only and time shall not be of the essence. The Company shall not be liable for any loss whatsoever arising as a result of any delay. Delivery shall occur on dispatch or collection of the goods from the Company's premises by carrier whether or not the carrier is the Company's agent or servant. Unless otherwise agreed in writing the Company shall deliver the goods to the address specified in the Purchaser's order. Risk in the goods shall pass to the Purchaser on delivery or collection. Save as expressly provided in these conditions, all terms, conditions, representations and warranties (whether expressly or implied) relating to the sale of goods are excluded and the goods are not sold by description or sample.

Warranty and exclusion
The Company will use its reasonable endeavours to assign the benefit of any warranty it receives from its supplier to the Purchaser but shall not be liable for any claim or claims for any damages whether direct, indirect special or consequential or economic damage of loss (including loss of profit or goodwill) arising from any breach by its contract or any defect in the goods. Nothing in these conditions shall exclude liability of the Company for death or personal injury resulting from its negligence insofar as the same prohibited by United Kingdom statute.

Quality
The Company warrants that (subject to the other provisions of these conditions) upon delivery the Goods shall: (a) be of satisfactory quality within the meaning of the Sale of Goods Act 1979; (b) be reasonably fit for purpose. The Company shall not be liable for a breach of any of the warranties above unless the purchaser gives notice [via email / telephone / in writing] of the defect to the Company, within 3 days of the time when the Purchaser discovers or ought to have discovered the defect. The Company shall not be liable for a breach of the warranties above if: (a) the Purchaser makes any further use of such Goods after giving such notice; or (b) the defect arises because the Purchaser failed to follow the Company's oral or written instructions as to the washing instructions; or (c) the Purchaser alters or repairs such Goods without the written consent of the Company. If any of the Goods do not conform with any of the warranties above the Purchaser shall at its option ask the Company to replace such Goods (or the defective part) or refund the price of such Goods at the pro rata Contract rate provided that, if the Company so requests, the Purchaser shall, at the Company's expense, return the Goods or the part of such Goods which is defective to the Company.

Specification
Sizes, measurements, colours and descriptions of goods are for guidance only and the company cannot guarantee absolute consistency of size, material, proportion, colour or shade. For clothing all products supplied should be washed or cleaned strictly in accordance with the washing instructions provided on the garment label. The Company will accept no responsibility if instructions are not followed precisely. The Company will make every effort to avoid variation in colours, sizes or shades but can accept no responsibility should such variation occur. Worn or processed goods cannot be returned.

Cancellation and returns
Where products supplied by the Company are manufactured to the particular specification of the Purchaser, the Purchaser does not have the right to cancel. Mistakes made by the Purchaser when ordering cannot be used as reasons to cancel the order. If the Company makes any error in relation to an order that has been submitted by the Customer, then the Purchaser should contact the Company within three working days by email or telephone and make arrangements to return the goods, at which point the Company will offer the choice of a refund or replacement. If such an error has been made the Company will also seek to compensate the Purchaser for any costs incurred in returning the goods to the Company. Where goods are not returned, the Company reserves the right to charge for the direct recovery of goods which may be equal or greater than the initial order value.

Late or non-delivery
The Company will make every effort to deliver your goods within a specified time. The Purchaser will be informed of an expected date on or within two working days of, the time of order. If the goods have not been delivered to the specified location within 30 days of order, then the Purchaser should contact the Company by email or telephone, and may claim a refund if necessary. Where the Company has informed the Purchaser of delays and a subsequent delivery time which exceeds 28 days, the Purchaser may choose to accept this delivery date, or claim a refund.

Descriptive matter
All descriptive and forwarding specifications, drawings and particulars of colours and sizes issued by the Company are approximate only and are intended only to present a general idea of the goods to which they refer and shall not form part of the contract.

Force majeure
The performance of all contracts is subject to variation or cancellation owing to Act of God, war, strike, fire, riot, civil commotion, restriction by the Government or other competent Authority or any other cause beyond the Company's control or owing to the Company's liability to procure materials or articles except at enhanced prices due to any of the foregoing clauses.

Copyright
All content included on this site including but not limited to website design, text, graphics, audio clips, visual clips, logos, button icons and the selection and arrangement thereof are either the property of the Company or its contents suppliers and are protected by UK and international copyright laws. All software used on this site is the property of the Company and is protected by UK and international copyright laws ALL RIGHTS ARE RESERVED. Permission is granted to electronically copy and to print in hard copy portions of this Web site for the purposes of placing an order with the Company and using this website as a shopping resource only. Any other use of materials on this Website including reproduction for purposes other than those noted above, modification, distribution, transmission, broadcasting republication, downloading or uploading without the prior written permission of the Company is strictly prohibited.

Limited liability of website
To the fullest extent permitted by applicable laws, the Company nor any of its respective directors, employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with the use of, or inability to use, the materials in and/or facilities or services offered through this website, including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, even if the Company have been advised of the possibility of such loss or damages or such loss or damages were reasonably foreseeable. If this clause is unenforceable in whole or in part in any jurisdiction due to relevant laws, then in no event shall the Company's total liability to you for all damages, losses, and claims (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this website.

Disclaimer
While the Company endeavours to ensure that the information on this Website is correct, the Company does not warrant the accuracy and completeness of the material on this Website. The Company may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and the Company makes no commitment to update such material. The material on this Website is provided 'as is', without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with this Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.

Amending the terms & conditions of use
The Company may add to, change or remove any part of these Terms and Conditions at any time, without notice. Any changes to these Terms and Conditions or any terms shown on this website or any subsite hereof, apply as soon as they are shown. By continuing to use this website after any changes are posted, you are indicating your acceptance of those changes. The Company may add, change, discontinue, remove or suspend any other content displayed on this website, including features and specifications of products and services described or depicted on the website, temporarily or permanently, at any time, without notice and without liability.

Use of site
You agree that you will only use our web site in a way which is consistent with our terms and conditions and which complies with applicable laws and regulations. In particular you agree that you will not use our web site to upload or send any material which contains software viruses or other codes, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment or in any other manner which would interfere with or disrupt our web site. You acknowledge that our web site and any goods that you obtain from our web site are provided for your personal use only and may not be used for any commercial purposes or distributed commercially without our permission.

Links
The Company may choose to provide links to sites owned by the Company and associated companies from time to time and may also choose to provide links to sites that are owned by third parties that are not connected with the Company. All links are provided for your convenience only. Access to sites that are owned by third parties is at your own risk and the Company has no responsibility or liability for these third-party sites.

Legal constructions
These conditions and any contract following thereon shall be governed by and construed in accordance with English Law and the Purchaser submits to the jurisdiction of the High Court of England but the Company may enforce the contract in any court of competent jurisdiction.

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