1. The Contract Between Us
1.1 - We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an e-mail to you at the e-mail address that you provide in your order details. Our acceptance of your order brings into existence a legally binding contract between us.
All prices are inclusive of VAT where applicable. Postage and Packaging and additional charges for ie. personalization, framing etc are added as you complete the order and will also be explicitly stated at the checkout. Postage options are also clearly stated at the checkout. For some items we specify the preferred delivery option.
2.1 - The prices payable for goods that you order are as set out in our website and all prices are quoted in pounds sterling. You can use Visa, Mastercard, Amex or Paypal.
2.2 - You will be required to pay extra for delivery unless otherwise stated. It might not be possible for us to deliver to some locations. You will be provided with the total price of the transaction including postage and packing before you complete your purchase. There are no hidden extra costs. All our delivery charges are set out on our website.
2.3 - No items will be dispatched until full payment has been made.
3. Right For You To Cancel Your Contract
3.1 - You may cancel your contract with us for the goods that you order at any time up to the end of the 7th working day starting the day after delivery of the ordered goods. You do not need to give us any reason for cancelling your contract, nor will you have to pay any penalty.
3.2 - You cannot cancel your contract if the goods that you have ordered are custom made to a specific size or specification or personalised.
3.3 - To cancel your contract you must notify us in writing. This should be submitted in written form and posted to us or by e-mail to the following e-mail address: firstname.lastname@example.org
3.4 - If you have received the goods before you cancel your contract then unless under Clause 3.2 you do not have the right to cancel you must send the goods back to our contact address. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address as soon as possible. The costs of returning goods will be paid by you. Please see Returns Policy for more details.
3.5 - Once you have notified us that you are cancelling your contract any sum debited to us from your card will be re-credited to your account as soon as possible and in any event within 30 days of your order provided that the goods in question are returned by you and received by us in the condition that they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
4. Cancellation By Us
4.1 - We reserve the right to cancel the contract between us if:
4.1.1 - we have insufficient stock to deliver the goods that you have ordered;
4.1.2 - we do not deliver to your area; or
4.1.3 - one or more of the goods that you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers
4.2 - If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
4.3 - We cannot sell alcoholic products to anyone under 18. For this reason, we may refuse an order or refuse to make a delivery at our discretion. By placing an order you confirm that both you and the person the order is to be delivered to, are aged 18 years or over.
4.4 - We do not sell to minors.
5. Delivery of Goods to You
5.1 - We will deliver the goods ordered by you to the address that you give us for delivery at the time you make your order. It is your responsibility to ensure you input this information correctly and that you check for typographical errors.
5.2 - Delivery will be made as soon as possible although any date or period for delivery should be as indicative only. If a product is in stock we aim to send it out on your behalf to your specified delivery address within the time specified against each product. If any item is not in stock we will aim to deliver within 14 days but in any event your delivery will be made not later than 28 days after your order. If we cannot dispatch an item to you within the specified time we will notify you and at your request we will cancel the order and refund your money in full.
5.3 - You will become the owner of the goods that you have ordered when they have been delivered. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction. Refunds cannot be given if your gift is not passed onto you following delivery at the delivery address that you have provided.
5.4 - We will not be responsible for delays in the delivery caused by any third party.
6.1 - If the goods that we deliver are not what you ordered or are damaged or defective or the delivery is of incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 3 working days of the delivery of the goods in question. Our address for contact and returned products is: The Lovely Keepsake Company Limited, The Stone House, 18 Monckton Rise, North Newbald, York, YO43 4RX or email email@example.com.
6.2 - If you do not receive goods ordered by you within 28 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods. If you notify a problem to us under this condition, our only obligation will be, at your option;
6.2.1 - to make good any shortage or non-delivery;
6.2.2 - to replace or repair any goods that are damaged or defective; or
6.2.3 - to refund you the amount paid by you for the goods in question in whatever way we chose.
6.3 - Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem that you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under Clause 6.2.3 above.
6.4 - You must observe and comply with all applicable regulations and legislation including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
6.5 - Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights that you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
7.1 - Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at: The Lovely Keepsake Company Limited, The Stone House, 18 Monckton Rise, North Newbald, York, YO43 4RX. And all notices from us to you will be displayed on our website from time to time.
8. Events Beyond our Control
8.1 - We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
9.1 - If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
11.1 - Our customers are reminded that all of our designs are copyright protected and any attempt to reproduce them or any of the images on our site will result in legal action being taken.
12.1 - We do our very best to ensure that all of the information on our website is correct. As many of our keepsake products are handmade, all measurements are approximate and all finishing is to the very best of our ability. Where there is personalised or minute detail there may be slight variances and each product is unique. With our stitch products in particular, the final product can vary greatly in their appearance due to the types of materials supplied by you. We use the same patterns for each item each time and we will not replace items where they do not exactly match the example photograph on the website. With sketches and artwork, the final product relies heavily on the original image supplied and we will do our very best to firstly advise you on the best images to send and should there be any problem with the original image sent, we will endeavour to liaise with you to find a suitable alternative. However, we will not replace a sketch or piece of artwork where it does not exactly match the example photograph on the website.
13. Web Site Usage and Conditions
13.1 - This website and all contents (including all photographs, images, descriptions, and other material of any description) are owned by The Lovely Keepsake Company Limited. It is protected by copyright, which along with all other intellectual property rights belong to The Lovely Keepsake Company Limited. You may only download, print, store and use any material appearing on the Website for the purpose of purchasing or researching the purchase of any product from The Lovely Keepsake Company Limited. You agree not to be involved in modifying, copying, downloading, printing, distributing, displaying or reproducing anything on this website agreed in advance by The Lovely Keepsake Company Limited.
14. Third Party Rights
14.1 - Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
15. Governing Law
15.1 - The contract between us shall be governed by and interpreted in accordance with English Law and the English Courts shall have jurisdiction to resolve any disputes between us.
16. Entire Agreement
16.1 - These terms and conditions, together with our current website prices, ordering and delivery details, returns policy, cookies details, contact details and privacy and security policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.