Terms & Conditions - Consumer

IMPORTANT: Please note that these terms and conditions only apply if you are buying products from us as a consumer. Trade Customers are subject to our trade terms and conditions which can be accessed via Lavv Housewares Business Terms and Conditions.

This page (together with our returns policy and any other documents referred to on this page) tells you the terms and conditions (Terms) on which we supply any of the products (Products) listed on our website lavvhousewares.co.uk and all associated pages (our Site) to you. Please read these Terms carefully before ordering any Products from our Site. You should understand that by ordering any of our Products, you agree to be bound by these Terms. You should print a copy of these Terms for future reference.

By clicking the button marked ‘Pay Now’ you accept the Terms. Please understand that if you refuse to accept these Terms, you will not be able to order any Products from our Site.

1.1

The Site is operated by Lavv Housewares Ltd (we). We are registered in England under company number 10672317 and with our registered office at Unit 1-3, St Clements Road, Nechells, Birmingham, B7 5AF. Our VAT number is 264231130.

1.2

In these Terms, the following rules apply:

1.2.1

A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

1.2.2

A reference to a party includes its personal representatives, successors or permitted assigns.

1.2.3

A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.

1.2.4

Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

1.2.5

A reference to writing or written includes faxes and emails.

2.1

Your use of the Site is governed by our Terms of Website Use. Please take the time to read these terms, as they include important terms which apply to you.

2.2

Please note if you are ordering from outside of the United Kingdom, we only deliver to an address within the UK. It is then your responsibility to arrange collection of the goods at your own cost.

By placing an order for Products through our Site (Order), you warrant that:

3.1

you are legally capable of entering into binding contracts;

3.2

you are at least 18 years old;

It is a crime to use a false name or a known invalid payment method to place an order. We may track every order placed on our Site to enable us, and all legitimate crime prevention and prosecution authorities, to trace individual users engaging in criminal activities on or using our Site.

4.1

After placing an Order, you will receive an email from us acknowledging that we have received your Order. Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to us to buy a Product. All Orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that your payment has been processed (the Payment Confirmation) The contract between us (Contract) will only be formed when we send you the Payment Confirmation.

4.2

The Contract will relate only to those Products we have confirmed in the Payment Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the acceptance of such Products has been confirmed in a separate Payment Confirmation.

4.3

Any drawings, photographs or advertising we issue, and any photographs or illustrations contained on our Site, are issued or published solely to provide you with an approximate idea of the Products shown. There may be slight variations between these photographs or illustrations and the Products which you receive. Full detailed specifications are available from the manufacturer’s brochures or their websites. We will supply the product as supplied to us by the manufacturer.

4.4

If any of these Terms conflict with any term of the Order, these Terms will take priority.

4.5

We shall assign an order number to the Order and inform you of it in the Payment Confirmation. Please quote the order number in all subsequent correspondence with us relating to the Order.

4.6

If we are unable to supply you with Products, for example because those Products are not in stock or are no longer available, we will inform you of this by email and we will not process your Order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

Please see our returns policy here.

If you wish to return a Product which is faulty please refer to clause 9.

5.1

You can cancel an Order at any time before you receive your Payment Confirmation. After your Payment Confirmation is received, subject to clause 5.3, you have a legal right to cancel an Order which begins on the date of the Payment Confirmation and ends 14 days following the day after you receive your Products. This means that during this period if you change your mind or for any other reason you decide you do not want the Products, you can notify us of your decision to cancel the Order and receive a refund. We will process this refund within 14 days upon receiving your confirmation to cancel you order. If you choose to cancel within the 14 days after receiving your Product, we will process your refund within 14 days upon receiving proof of return.

5.2

To cancel a Contract, you must inform us in one of the following ways:

– Phone or email. Call customer services on 0121 359 0013 or email us at customerservice@lavvhousewares.co.uk. Please provide your name, home address, details of the Order and, where available, your phone number and email address.

5.3

You will not have any right to cancel a Contract for the supply of any of the following Products:

5.3.1

computer software which has been unsealed;

5.3.2

consumable goods which have been sealed for health or hygiene reasons and the seal has been broken or removed, except in circumstances where a fault has been discovered that could not have been identified without unsealing the Products; and

5.3.3

digital downloads once you have begun to download the digital content.

6.1

Your Order will be fulfilled by the delivery date set out in your order confirmation or dispatch email or, if no delivery date is specified, then, subject to clauses 6.3 and 6.5, within 30 days of the date of the Payment Confirmation. We ask that you inform us if you have not received your Products within seven days of the delivery date.

6.2

Delivery will take place when we deliver the Products to the address specified in your Order. Unfortunately, we may not be able to change the delivery address after your order has been dispatched. If you wish to change the delivery address after your Order has been dispatched and if we are able to process the change, a charge of up to £10 will be made (a redirection approval is subject to your order and account status). Depending on what courier and service is being used for your order, some items may be delivered to a neighbour or left in a safe location, this will be outlined via the courier and tracking information.

6.3

Orders placed before the 2 pm cut-off time will be processed the same day and will be delivered in accordance with your delivery request providing further security checks are not required.

6.4

If our supply of the Products is delayed by a Force Majeure Event (see clause 14) then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided that we do this, we will not be liable for delays caused by the Force Majeure Event but if there is a risk of substantial delay, you may contact us to end the Contract and receive a refund.

6.5

Someone will need to be present at the delivery address to accept the Order. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.

6.6

If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the Contract and refund any money which you have paid. We reserve the right to deduct our reasonable costs.

6.7

You have legal rights if we deliver any Products late. If, subject to clause 6.4, we miss the delivery deadline for any Products and if any of the following apply then, unless we agree otherwise with you, you may treat the Contract as at an end straight away:

6.7.1

we have refused to deliver the Products;

6.7.2

delivery within the delivery deadline was essential (taking into account all the relevant circumstances) or you told us before we accepted your Order that delivery within the delivery deadline was essential.

7.1

The Products will be at your risk from the time of delivery.

7.2

Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

8.1

The price of any Products will be as quoted on our Site from time to time, except in circumstances when the price on our Site has obviously been quoted in error (please refer to clauses 8.4 and 8.5 below).

8.2

The price of any Products will be as quoted on our Site from time to time, except in cases of obvious error (please refer to clauses 8.4 and 8.5 below).

8.3

These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Information

8.4

Prices are liable to change at any time, but (other than in the case of: incorrect pricing where clause 8.4 will apply; or an obvious pricing error where clause 8.5 will apply) changes will not affect orders in respect of which we have already sent you a Payment Confirmation.

8.5

Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our advertised price or the amount stated in your Payment Confirmation, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our Site / on the Payment Confirmation, we will contact you for instructions before dispatching the Product.

8.6

We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Payment Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

8.7

We accept payment by Visa, Visa Electron, Mastercard, Maestro or Paypal arranged through one of our third party partners. We shall not dispatch any Products until we receive cleared funds. Please be aware that if you are using Paypal as your payment method we reserve the right not to ship to unconfirmed addresses.

8.8

Your credit/debit card details will be encrypted by us to minimise the possibility of unauthorised access or disclosure. Please refer to our privacy and cookies policy for more details. Authority for payment must be given at the time of order. If there is a problem taking payment for all or part of your order, we may contact you by telephone or email.

9.1

If you have any questions or complaints about the Products, please contact us. You can contact us by telephoning our customer service team at 0121 359 0013, by writing to us at Lavv Housewares Ltd, Unit 1-3, St Clements Road, Nechells, Birmingham, B7 5AF or customerservice@lavvhousewares.co.uk or by using our live chat.

9.2

The statutory rights summarised below are in addition to any manufacturer’s warranty which is offered with your Products, such warranties will vary from Product to Product. If you have an issue with the Products, you can choose whether to seek a remedy under the manufacturer’s warranty or your statutory rights.This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your goods your legal rights entitle you to the following:

– up to 30 days: if your item is not as described, not fit for purpose or not of satisfactory quality, then you can get a refund;

– up to six months: if a faulty item cannot be repaired or replaced, then you are entitled to a full refund, in most cases; and

– if you experience a fault after six months, you may still be entitled to a repair or replacement, or, if that does not work, some of your money back. This will depend on the expected life of your product and the duration of the manufacturer’s warranty; and will only apply for a maximum of six years.

The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality.

– if your digital content is not as described, not fit for purpose or not of satisfactory quality, you are entitled to a repair or a replacement;

– if the issue cannot be resolved, or if it has not been fixed within a reasonable time and without significant inconvenience, you can get some, or all of your money back; and

– if you can show that a fault has damaged your device and we have not used reasonable care and skill, you may be entitled to a repair or compensation.

9.3

For more information about returning Products, see our Returns Policy.

10.1

When you return a Product to us:

10.1.1

because you have cancelled the Contract between us within the 14 day cooling-off period, we will process your refund in accordance with clause 5.2; Please see our returns policy here.

10.1.2

for any other reason (for instance, because you claim that the Product is defective) we will examine the returned Product and, if you are entitled, we will contact you by email within a reasonable period of time to discuss with you whether you would like us to either repair, replace or refund the Product. We will usually process your repair, replacement or refund as soon as possible and, in any case, within 30 days of receiving the defective Product. If you elect for a refund of a Product returned by you because of a defect, it will be refunded as per our refunds policy (we reserve the right to verify that there is a fault), including a refund of the part of the delivery charge relating to sending the defective Product to you. Lavv Housewares will offer a free collection for defective products and we would recommend that you contact us in the first instance see if you can make use of this service. However, at your discretion you may arrange to return the product via your own courier method and Lavv Housewares will refund provided that they are a reasonable amount. This will only be refunded upon the receipt of proof of the carriage costs. To ensure charges incurred for courier method are reasonable, customers should contact Lavv Housewares first to check the estimate costs before returning by your chosen courier method. If you are entitled to a repair or replacement of a defective Product, we will not charge you for redelivery of the repaired or replaced Product.

10.2

Non-faulty returns will not be accepted for electronic software downloads unless you inform us within 7 working days of receipt of the item and it can be proven that the Licence Key has not been viewed. For faulty Products, returns will only be accepted if the product itself is deemed to be defective by the manufacturer in accordance with the End-User Licence Agreement or it can be proven that the Licence Key has not been exposed. We will replace any damaged or non-conforming Software Product Key upon receipt of the manufacturer’s confirmation that the item is faulty. We do not cover faults caused by accident, neglect, misuse or normal wear and tear.

10.3

If an Order is over 6 months old and we have confirmed that the Product is defective and a refund is due then:

10.3.1

if the Product is found to have been faulty at the time of purchase, clause 10.1.2 will apply; or

10.3.2

if the Product was not faulty at the time of purchase, the refund will be calculated based on the age of the Order and you will be refunded a proportionate amount of the original purchase price of the Product. This does not include the carriage cost of the original Order which will not be refunded.

10.4

Refunds of any money received from you will be made using the same payment method originally used by you to pay for your purchase and paid back into the same account.

11.1

Subject to clause 11.2, we warrant to you that any Product purchased from us through our Site is of satisfactory quality and reasonably fit for all the purposes for which products of that kind are commonly supplied. This warranty does not apply to any defect in the Product arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Product in a way that we do not recommend, your failure to follow instructions, or any alterations or repair you carry out without our prior written approval.

11.2

You accept that any Products purchased which are listed as grade A, grade B, ex-display products or used stock (meaning they may have slight cosmetic defects, be a factory refurbished item or may have previously been sent out and sent back as an unwanted item) have a warranty of 90 days for grade A and ex-display and 30 days for grade B. Where products are grade A, grade B, ex-display or used stock it will be noted in the Product description on the site. You are still entitled to the same rights as a consumer under the Consumer Rights Act 2015, as per clause 9.4, however the standard of quality expected of a grade A, grade B, ex-display products or used stock Product will be of a lower standard compared to a factory new Product.

11.3

Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for:

11.3.1

losses that:

11.3.1.1

were not foreseeable to you and us when the contract was formed; or

11.3.1.2

that were not caused by any breach on our part;

11.3.2

business losses;

11.3.3

losses of data; and

11.3.4

losses to non-consumers.

Except as expressly set out in these Terms, all use of your personal information will be made in accordance with our privacy and cookies policy.

13.1

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

13.2

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

13.2.1

strikes, lock-outs or other industrial action;

13.2.2

civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

13.2.3

fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

13.2.4

impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

13.2.5

impossibility of the use of public or private telecommunications networks;

13.2.6

the acts, decrees, legislation, regulations or restrictions of any government.

13.3

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

14.1

Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

14.2

All notices given by you to us must be given to Lavv Housewares Ltd at Unit 1-3, St Clements Road, Nechells, Birmingham, B7 5AF or by email to customerservice@lavvhousewares.co.uk. We may give notice to you at either the email or postal address you provide to us when placing an Order. Notice will be deemed received and properly served 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

14.3

The Contract between you and us is binding on you and us and on our respective successors and assigns.

14.4

You may only transfer, assign, charge or otherwise dispose of this Contract, or any of your rights or obligations arising under it if we agree in writing.

14.5

If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.

14.6

Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

14.7

We intend to rely upon these Terms and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

14.8

We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

14.9

You will be subject to the policies and Terms in force at the time that you order Products from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Payment Confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within seven working days of receipt by you of the Products).

14.10

The Contract is between you and us. No other person shall have any rights to enforce any of its terms.

14.11

These Terms are governed by English law. You agree to submit to the non-exclusive jurisdiction of the courts of England.

Lavv Housewares Ltd

Unit 1-3

St Clements Road

Nechells

Birmingham

B7 5AF

VAT registration number 264231130