TERMS AND CONDITIONS
PLEASE READ THESE TERMS CAREFULLY AS THEY APPLY TO THE SERVICES WE PROVIDE TO YOU
These terms and conditions were last updated: 16th August 2019
1. ABOUT THESE TERMS AND CONDITIONS
1.1. Loved Luxury Limited (“Loved Luxury”) operates the website, www.lovedlehenga.com (the “website”) and brand name Loved Lehenga. Our office address is Suite 213, Signal House, 16 Lyon Road, Harrow, Middlesex HA1 2AQ. We are registered in England and Wales under company registration number 12131776.
1.3. Use of the website constitutes an agreement to be bound by these Terms and Conditions and users of this Website must be legally capable of entering into binding contracts. If you do not have the capacity to accept these terms or do not wish to be bound by our Terms and Conditions, you are advised not to use the Website.
1.5. Loved Lehenga does not provide any of the products displayed on the website and all sellers act on their own behalf. Sellers are not agents or representatives of Loved Lehenga, nor does Loved Lehenga acct as broker, agent or insurer for buyers or sellers.
2.INTERPRETATION OF THESE TERMS
2.1. Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine, and vice versa.
2.2. The headings contained in these Terms and Conditions are for convenience only and do not affect their interpretation.
2.3. References to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
3.1. To use the website for buying or selling purposes, users must first complete the registration process. All details provided must be accurate and correct. You must only register your own details and not use any words that are trademarks, vulgar, obscene, or in any way inappropriate.
3.2. Registration is specific to the individual and registered details must not be shared. This may constitute a material breach of our Terms and Conditions.
3.3. Loved Lehenga reserves the right to decline a request for registration at our sole discretion and does not have to provide users with any reason or explanation.
4.LICENCE TO USE OUR WEBSITE
4.1. We shall provide registered sellers with a licence to use the website for a subscription fee. Subscription fees will depend on the package chosen by the seller as described on the website.
4.2. We reserve the right to suspend or restrict access to any user of the website at any time without notification.
4.3. We reserve the right to limit the number of users using the site at any time.
4.4. Registered sellers are not permitted to transfer their licence to any third party.
4.5. Loved Lehenga reserves the right to ask users for additional information in order to complete the registration process. Any failure to provide such information may result in the registration being rejected, as determined at our sole discretion.
4.6. Loved Luxury reserves the right at its sole discretion to deny access to all or parts of the website, to close down accounts of users and change any eligibility criteria at any time and for whatsoever reason.
5. SELLERS’ ACCOUNTS
5.1. Each seller is only permitted to have one account and must be registered with a real name. If necessary, additional identification may be required. Sellers must keep details of their account secret and secure. Passwords must not be used or shared with colleagues or anyone else. Sellers are responsible for all activity on their account, unless we are notified of fraudulent or unauthorised use.
5.2. By posting information, photographs or content on the website, you grant us and other users, free of charge, an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, worldwide license to use, copy, perform, display, promote, publish and distribute such information. Your content and photographs may be incorporated into any other works and you grant and authorise such sub-licenses as required for this purpose.
5.3. Sellers may create a listing for the selling of each item as permitted by their subscription package. All sellers agree to the following:
5.3.1. The seller is responsible for the accuracy and content of the items listed under their account;
5.3.2. The seller must include details of the condition of all items to be sold and all descriptions must be accurate with details of any defects and/or flaws;
5.3.3. The seller must only include one item in a listing and cannot change an item listing to another once the listing is published on the website;
5.3.4. The seller must include images that are clear and large enough for buyers to see the items close up including any defects and/or flaws. All images or photographs must be representative of the items listed for sale;
5.3.5. The seller must not use any images or photographs without the owner’s authorisation;
5.3.6. The seller must provide an accurate and up-to-date retail price of the items listed for sale, not including any tax or the cost of alterations. The retail price must not be inflated to artificially increase the discount offered to buyers.
6. BUYERS’ ACCOUNTS
6.1. Buyers are encouraged to communicate directly with sellers regarding listings on the website and all communications and sales are solely at the buyer’s own risk.
6.2. Buyers are encouraged to fully read any terms of sale provided by the seller and must accept these in order to enter into a contractual agreement with the seller for the purchase of a listing.
6.3. Buyers are wholly responsible for all fees or charges incurred in purchasing any listing or item otherwise available from a seller, whether arising directly or indirectly through the website.
6.4. All arrangements for delivery, postage or transit of items between the buyer and seller shall solely be between the buyer and seller and Loved Lehenga shall have no responsibility for any of these arrangements whatsoever.
7.1. Sellers are required to pay a subscription fee in order to list items for sale on the platform. Access to the seller area on the platform may not be available until payment has been accepted by our payment provider and funds have cleared.
7.2. The subscription fee shall be that applicable at the time of purchase as specified on the website. The subscription fee is inclusive of VAT and shall be payable in a currency accepted by our payment provider and as stipulated on the website.
7.3. Payments for subscriptions are processed on our behalf by our authorised payment provider using appropriate encryption and security measures. We do not hold any payment or transaction details of sellers, or buyers, on our servers or on the website.
7.4. We reserve the right to notify users of any changes to our subscription fee by posting a message on the website or emailing the contact directly. Any fees chargeable will be subject to the relevant taxes being applied at the time of purchase.
7.5. If we are unable to charge your credit or debit card with the full amount of the subscription fees, or if we are charged back for any fee previously charged to your credit or debit card, we reserve the right to pursue all available remedies to recover payment including without limitation, suspension or termination of your account and rights to all services from the website.
7.6. Loved Lehenga does not charge any commission on the sale of any item through the website.
8.1. This Agreement shall come into force on our acceptance of your registration on the website. Your agreement to these terms and conditions shall remain in force until notice of termination is given by you.
8.2. We reserve the right to revise our subscription fees and renegotiate our service offering after the initial subscription period.
8.3. If there is a long period of inactivity on your account, we may contact you to confirm that you still wish to be registered. If we are unable to contact you, we reserve the right to suspend or remove your registration from the website.
9.1. Access to use the Loved Lehenga website shall commence upon our acceptance of your registration and will be ongoing unless terminated in accordance with these Terms and Conditions.
9.2. Buyers and Sellers can notify us at any time that they wish to close their account by email to firstname.lastname@example.org
9.3. Once your account with us is closed, your profile and all related data will be removed from our systems. Limited data required for other purposes by Loved Luxury may be archived as we determine is appropriate.
9.5. We reserve the right at our sole discretion to suspend or terminate any account if there is a material breach of these Terms and Conditions. Neither Buyers or Sellers shall be entitled to any compensation for any sales where are cancelled as a result of an account being unavailable for any reason.
10.1. Once you have started to use the Loved Lehenga website you will be deemed to have waived your statutory rights to cancel your contract (under the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013).
11. REVIEWS AND COMMENT
11.1. Loved Lehenga retains the right to choose not to display a review for any reason whatsoever. We are not responsible for the contents of any review or any liability in relation to defamation, loss of profits, loss of business or any other loss, as permitted by law.
11.2. The opinions of users are solely their opinion and do not confer any endorsement or approval by Loved Lehenga in any way. We are not liable for any negative reviews or feedback.
11.3. Sellers have the right to publish their response to any feedback posted on the website and may report any misleading, offensive or abusive feedback to Loved Lehenga. We will review any such reports and reserve the right to take any action that we deem appropriate.
11.4. Loved Lehenga reserves the right to remove or exclude any review or rating that is deems inappropriate at any time. We are not required to give any reason for such actions.
12.1. All sellers must warrant that products listed on the website will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied. However, if a buyer is not satisfied with any order placed via the website, the buyer should contact the seller directly to resolve the matter, without delay. We shall not be a party to any disputes between buyers and sellers.
12.2. If you have a complaint in relation to the services provided by Loved Lehenga, you should contact us in the first instance by email to email@example.com
13.1. Loved Lehenga does not oversee, monitor or supervise the posting, scoping or performance of communications or transactions between buyers and sellers. Accordingly, users must determine for themselves whether to engage with the other party.
13.2. We do not actively monitor every interaction on the website and users should always exercise caution in giving personal data. If you become aware of any material on the website that contravenes our Terms and Conditions, or you wish to report another user for something you consider inappropriate, or have a concern about another user, please notify us by email to firstname.lastname@example.org
14.1. Loved Luxury is the owner and authorised copyright licence holder of the logos, trademarks and content present on this website. You acknowledge and agree that our content and services are protected by copyright, patent, trademark, trade secret or other proprietary rights which are owned by or licensed to us or otherwise used by us as permitted by law. We do not grant any licence, copyright or use of any other of our intellectual property rights to any third party. You shall not own nor acquire any title, copyright or any other intellectual property rights in relation to the Loved Lehenga website and you shall not modify, translate, adapt or otherwise amend the contents.
14.2. Users must not modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the website.
14.3. Access to the website shall be personal to the user. The user may not assign, mortgage, charge or sub-license or otherwise delegate any of its rights, or sub-contract or otherwise delegate any of its obligations without the written consent of Loved Luxury.
15. DATA PROTECTION
15.1. Loved Luxury acts as a Data Controller in relation to the services supplied under these Terms and Conditions, all data provided to Loved Luxury is treated as confidential. We reserve the right to withhold records which may compromise the confidentiality of other customers.
15.2. Under data protection legislation, data subjects have the right to access any data personal data kept by Loved Luxury through a Subject Access Request (SAR). If you wish to invoke this right, you should email email@example.com
15.3. As permitted under data protection legislation we will store personal data only for as long as necessary and for legitimate purposes. We do not pass personal data to any third parties except where lawfully permitted. Personal data is not sold to any third party.
15.5. We retain the right to respond to legal requests as necessary.
16. CHANGES TO TERMS AND CONDITIONS
These terms and conditions may be modified from time to time and you are advised to check this page to see that you are reading the most up-to-date Terms and Conditions.
17. LIMITATION OF LIABILITY
17.1. Loved Lehenga has taken every care in the preparation of the content on this website, but to the full extent permissible we disclaim all responsibility for damage or loss howsoever arising including but not limited to loss of projects, loss of profits, loss of data or consequential or indirect losses arising in contract, tort or otherwise from the use of or inability to use the website and/or any information or services on the platform.
17.2. All information available on the website is provided in good faith on an “as is” basis. Loved Lehenga does not represent or warrant to the reliability, accuracy or completeness of the information contained on the website or in the collective content.
17.3. Sellers and Buyers are responsible for ensuring the accuracy, reliability and currency of all information supplied to each other and must immediately notify the other party if any information supplied changes or is inaccurate.
17.4. Sellers and buyers agree that any legal remedy or liability for actions or omissions of other users or other third parties other than Loved Lehenga will be limited to a claim against the particular party or other third parties who caused you harm. Users agree not to attempt to impose liability on or seek any legal remedy from Loved Lehenga with respect to such actions or omissions.
17.5. Users of the website accept that Loved Lehenga does not have control over any of the following:
17.5.1. The content contained in any listing of items for sale;
17.5.2. The content displayed or otherwise by a seller;
17.5.3. The existence, condition, quality, safety, legality or genuineness of any items for sale;
17.5.4. The accuracy of any images or description of items for sale or any content provided in the course of a sale or pre-sale communications;
17.5.5. Any discussions, negotiations and or agreements between the seller and buyer;
17.5.6. Any measurements as provided by the seller or buyer;
17.5.7. The accuracy of any recommended retail prices (RRP) or similar;
17.5.8. Any price negotiated/agreed between the buyer and seller;
17.5.9. The lawfulness or otherwise right of the seller to sell items on the website;
17.5.10. The lawfulness or otherwise right of the buyer to purchase items on the website;
17.5.11. The terms agreed or their completeness in any transaction through engagement on the website, or in relation to the return of such items.
17.6. All sales and/or purchases are made or accepted at the user’s own risk.
17.7. We make no warranty that the contents of the website are free from the influence of malware which has destructive or monitoring properties and shall have no such liability.
17.8. Loved Lehenga are not responsible for the information posted by any seller on this website including, but not limited to, any errors in a sellers’ catalogue, information regarding products, prices, transport and delivery options.
17.9. Loved Lehenga makes no representations and/or warranties in respect of a seller’s policies and is in no way liable to enforce or comply with any policies between sellers and buyers directly unless otherwise expressly stated.
17.10. We accept no responsibility or liability for the content, security, availability and privacy practices, or any material on any website that is not under the control of Loved Lehenga. A link to a third-party Website does not imply endorsement by Loved Lehenga.
17.11. Any images used on the website are for illustrative purposes only and products may vary slightly from those shown. Prices, offers and products are subject to availability and may change at the seller’s discretion.
17.12. As required by law, our liability is not limited in the following circumstances:
17.12.1. death or personal injury caused by our negligence;
17.12.2. fraud or fraudulent misrepresentation;
17.12.3. any breach of the terms for which liability cannot be limited or excluded as provided for under Section 31 of the Consumer Rights Act 2015 (where applicable to UK consumers).
WE PROVIDE THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” WE DON’T GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS AREN’T FAULT-FREE AND THAT OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE CAN’T GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS AND VENDORS GIVE NO CONTRACTUAL GUARANTEES OR CONDITIONS. YOU HAVE ALL MANDATORY WARRANTIES FORESEEN BY LAW, BUT WE GRANT NO OTHER WARRANTIES. WE EXCLUDE ANY IMPLIED MANDATORY WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
19. NO WAIVER
20. FORCE MAJEURE
Loved Luxury shall not be liable for any failure or delay in performing their obligations under these terms and conditions where such failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of Loved Luxury.
21. ENTIRE AGREEMENT
By using the Loved Lehenga website, users accept that they shall not rely on any representation, warranty or other provision except as expressly provided in these terms and conditions. All conditions, warranties or other terms implied by statute or common law are excluded as fully permitted by law.
Each of these conditions is separate from all other conditions, so that if one condition is found to be void or otherwise unenforceable it will not affect the validity of any of the others.
23. NO PARTNERSHIP
Nothing in these terms and conditions shall constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship other than the contractual relationship expressly provided for in these terms and conditions
24. THIRD PARTIES
No part of these terms and conditions shall confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply.
Users may not assign, mortgage, charge or sub-license or otherwise delegate any of its rights, or sub-contract or otherwise delegate any of its obligations to any other user.
26.1. Notices sent to you by e-mail will be deemed to have been received twenty-four hours after sending. Letters sent by post will be deemed to have been received forty-eight hours after sending.
26.2. We can be contacted by email to firstname.lastname@example.org
26.3. The postal address for all notices and correspondence is Loved Luxury, Suite 213, Signal House, 16 Lyon Road, Harrow, Middlesex HA1 2AQ.
27.JURISDICTION AND GOVERNING LAW
These Terms and Conditions and all disputes, whether contractual or otherwise, arising out of or in connection with them are governed by and shall be construed in accordance with the laws of England and Wales and each party submits to the exclusive jurisdiction of the English courts.