Terms Of Service
1. General
1.1 LOTTIE LEIGH FINE JEWELLERY Limited (‘LLFJ’, ‘we’, ‘us’ or ‘our’) is registered in England and Wales under company number 13007478 and with our registered office at Churchill House, 137-139 Brent Street, London, England, NW4 4DJ. LLFJ operates the website www.lottieleigh.com (our ‘Site’).
1.2 LLFJ Site and other services are accessible to you in line with the following Terms of Use & Service and any other listed regulations known going forth as ‘TOS’. Always read the TOS carefully before placing orders with us at www.lottieleigh.com. We also recommend you keep a copy of the TOS in case you need to refer to it at a later date.
1.3 The LLFJ online shop is aimed exclusively for consumers. Section 2(3) of The Consumer Rights Act 2015 defines a consumer as ‘an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession’.
These TOS apply to all purchase contracts between us and you as a consumer, concluded using the LLFJ online shop.
1.4 By accessing and using our Site or our social media, by continuing to purchase our products via our online shop, or by booking an initial consultation with us, and/or requesting our bespoke and remodelling jewellery services, you agree to be bound by these TOS.
1.5 The TOS must be read in conjunction with our privacy policy which is available on our Site (‘Privacy Policy’). We are committed to ensuring the security and privacy of your information, and our TOS and Privacy Policy explain in more detail the categories of information we collect from you, the purposes for, and the manner in which the information is processed and used.
1.6 In all cases, these TOS available on our Site are valid TOS at the time of concluding the purchase that is decisive.
1.7. You must be 18 (eighteen) years of age or above in order to be able to purchase products from our Site or online shop and/or to request our services. By accessing our online shop, proceeding to purchase products offered on our online shop, or booking an initial consultation, and/or requesting our bespoke and remodelling jewellery services, you warrant that you are 18 (eighteen) years or older, and where you are a minor, i.e., below 18 (eighteen) years of age, you are accessing our Site, purchasing products offered for sale by us or requesting our services with the consent and involvement of a parent or guardian and/or you ratify that you understand the implications of the purchase agreement and that you will not cancel the agreement and claim a reimbursement after you or any other person have used and enjoyed the benefit of our product(s)/services.
1.8 For the purposes of these TOS, LLFJ and the consumer shall be collectively referred to as ‘the Parties’, and individually as ‘a Party’.1.9 The TOS may be altered at any time so please make sure you are still in agreement with the current TOS before continuing to shop with us.
2. Contractual Relationship
2.1 Bespoke Jewellery Designing
a. When you commission us to create bespoke jewellery for you, by counter-signing the order form or confirming your order verbally, or in writing, you confirm that you shall be legally bound by these TOS.
b. Once you place an order for bespoke jewellery, you will have 14 (fourteen) days to cancel your order (‘cooling off period’). We will not commence any work during the cooling off period unless you specifically instruct us to do so. Where we have already started working on your commission, and you cancel your order you shall be liable to pay us for the work done until the date of cancellation.
2.2 Online shop
a. The LLFJ online shop is an invitation to treat and by proceeding to select products on our Site, and activating the ‘check-out’ button you confirm your offer to purchase the products that you select (‘Online Order’)
b. We are entitled to accept your offer included in the Online Order within 5 (five) working days from the receipt of your Order. We will communicate our acceptance of your Order, either by means of an email confirmation and/or by dispatching the ordered products (followed by an email confirmation of the dispatch). The purchase contract will be concluded only on our acceptance of your Order in accordance with this paragraph 2.2(b). We are entitled to refuse your offer to purchase the products indicated in your Online Order (i) if we do not ship products to your country, (ii) the products ordered by you are out of stock, (iii) if we are not able to successfully use the payment details provided by you, (iv) if we are not satisfied with your creditworthiness and/or (v) for any other reason that, by our policies and work ethics justify our refusal of your Online Order.
Once goods have been dispatched, the status of your order will be changed and a shipping notification will be issued.
We offer products for sale only until stocks last. Products that are out of stock will either be indicated on our website as ‘sold out’ or they may no longer be displayed on the website. If you are in the process of building your Online Order, and a product runs out of stock, it will either no longer appear in your Online Order, or a notification will appear to inform you that the product is no longer available.
a. Prior to confirming your offer to purchase the Products included in your Online Order by activating the ‘check out’ button, the details of your order will be displayed, and you will have the opportunity of correcting any errors and/or revising your order. It is your responsibility to check whether the information contained in your Online Order is accurate.
b. Any orders placed are subject to availability and acceptance of payment. If items are placed in your basket but not purchased, they are subject to removal and maybe purchased by another customer.
c. Images on our Site are for illustrative purposes only, and it cannot be guaranteed that the display of the colour, texture, finish of the products accurately reflect the colour, texture, finish of the product.
d. Our confirmation of acceptance will be accompanied by the details of your order, the corresponding invoice, along with a link to these TOS.
e. LLFJ will store a record of your transactions for a minimum of 12 months from the date of the transaction.
3. Registration
3.1 When shopping with us, it is required that you provide us with information about yourself that is current, correct and genuine. If any of that information changes, this should be amended as soon as possible.
3.2 Creating an account facilitates a faster and more efficient order conclusion and check out process. You may create an account on our Site at your own discretion. When setting up an account, the password created will be secure and private, and you must notify us immediately of any breach of security or unauthorised use of your account. You are responsible for keeping your credentials private and confidential, and we shall not be held liable for any direct or indirect loss resulting from your credentials becoming public. Any information that you submit for the purposes of creating and maintaining an account with us shall be governed by our Privacy Policy and applicable Data Protection Law.
4. Eligibility to purchase
4.1 When shopping on our Site, you will provide a genuine name, phone number and email address. You will also be required to provide details in regards to payment that are legally registered to you and the billing information given is a representation of you.
4.2 The options provided to you within the LLFJ Site are only available to those who satisfy the terms of eligibility, and those who have been legally issued a debit or credit card by an acceptable financial source, have attempted to purchase an available item and those who have authorized LLFJ to process a charge or charges on their chosen financial source. LLFJ reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
4.3 Please refer to our Privacy Policy for further information about how we use your data.
5. Prices and Terms of Payment
5.1 The prices of products (‘Prices’) displayed on our Site at the time you conclude an Online Order are binding.
5.2 Prices are indicated in pound sterling and are inclusive of VAT (Value Added Tax).
5.3 If you are a customer whose credit/debit card is not denominated in pound sterling, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
5.4 All prices and offers remain valid as advertised from time to time. The GBP price of a product displayed on the Site at the time the order is accepted will be honoured, except in cases of patent error. If there is a technical error displaying incorrect pricing, we reserve the right to cancel the order.
5.5 LLFJ does not offer a price matching service.
5.6 Depending on your shipping details and the shipping method selected, shipping charges will be added to your final invoice, which will be displayed to you once you conclude the check-out process.
5.7 Our prices do not include custom and import duties. If your shipping address is outside of the United Kingdom, you may be subject to custom and import duties, which we will not be able to reflect in your invoice, as these will be calculated by the local authorities in the recipient country. Custom and import duties if any shall be payable directly to the concerned authorities.
5.8 Your invoice will be sent via email to the email address that you provide to us, confirming our acceptance of your Order. Several methods of payment are available through our Site, including without limitation payment via Visa, Mastercard, Visa Debit, PayPal, PayPal Pay in 3 and Apple Pay. You will not incur any additional fee when you use either of the payment options.
5.9 Where we use third-party payment platforms, we use them exclusively as service providers for the purposes of facilitating payments from consumers. We are in no way affiliated to third-party service providers. As a consumer you must read the terms and conditions and privacy notices of such third-party service providers. LLFJ is not liable for a third-party’s terms of business and/or the way they collect and process your Personal Data. You should therefore read the terms and conditions and the privacy notice of the third-party service provider whose platform you use to make the payment to us.
Some of the third-party payment platforms that we use include without limitation:
a. PayPal- Terms and Conditions
b. Apple Pay – Terms and Conditions
5.10 Payment will be debited and cleared from your account upon placing your order from LLFJ. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to LLFJ, we will not be liable for any delay or non-delivery.
Payment details are kept private and secure, and we take reasonable care, in so far as it is in our power to do so. However, in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party gets unauthorised access to any data you provide when accessing or ordering from the Site.
5.11 Payment will be taken at the time of or shortly after you submit your order and in advance of shipping
6. Promotion Codes
6.1 Promotional Codes cannot be used in conjunction with any other promotion code or offers unless otherwise stated, and must be redeemed by the date published, if provided. We reserve the right to cancel any orders placed using a promotional code not intended for the customer redeeming the code.
LLFJ reserves the right to cancel, amend, nullify or alter any promotional activity, codes, or discounts running at any time and without prior notice.
7. Insurance and Delivery
7.1 All LLFJ items are sent via special delivery and requires a signature for any goods delivered, at which point responsibility and title for your purchased goods passes to you.
7.2 All items are dispatched within 7-14 days. Estimated delivery times are to be used as a guide only and commence from the date of dispatch.
In order to ensure timely delivery of your order, we:
a. will dispatch your order in accordance with this paragraph 7.2
b. will use postal/delivery services of good standing for all deliveries within the United Kingdom and overseas
c. will insure the delivery against damage, theft or loss during transit. In case your order is lost in transit, we will at the earliest possible arrange for re-delivery of your order at no additional cost to you.
7.3 We will not be responsible for any delays caused by forces outside of our control. In the case of damage to the order delivered, we will replace damaged products in accordance with paragraph 10.3 of these TOS. We will not be liable for delays caused by custom authorities and customs clearance.
7.4 Shipping Costs:
a. Shipping costs will be added to your invoice depending on the shipping address and shipping method. If the order cannot be delivered for reasons attributable to you, additional shipping charges resulting from redelivery will have to be paid by you.
b. Shipping Costs shall be as below:
Shipping costs for UK purchases are £4.95.
Shipping Costs for the EU are £8.
Shipping costs for the USA are £12.
Shipping costs for the Rest of the World are £15.
*Please note that the above shipping costs are indicative only, and these may be varied by our delivery partners. The most up to date shipping cost will be that which is added to the price of the products when you click ‘check out’ for your Online Order.
c. Unless you are returning a faulty/defective or damaged product, shipping costs for returning a product shall be paid by you.
8. Duties & Taxes
8.1 Please note:
a. Our EU deliveries are now subject to additional duties and taxes which are payable by the customer. We are working on a solution so please bear with us as we try to navigate these new conditions.
b. US orders under the equivalent of $800 will not be subject to import taxes. As we trade in GBP, due to changes in exchange rates, it is wise to allow a buffer under the $800 mark if you would like to avoid any import duties in the US.
c. Non UK and EU deliveries may be subject to additional duties and taxes.
d. Any applicable duties and taxes on deliveries must be settled directly by the recipient with the local customs authorities. Please check with your local customs and duties office for more information on these charges.
9. Returns and Exchanges
9.1 Please note that for hygiene reasons all earrings are non-returnable. Also any items that are bespoke cannot be returned. For more details on bespoke jewellery please refer to paragraph 12 of these TOS.
9.2 We hope that you adore your Lottie Leigh products(s) but, if for any reason you wish to return any products within my ‘Collection’, you have fourteen (14) days after the order has been delivered to do so. We will gladly issue a refund if the return conditions (noted below) have been met.
9.3 Return Conditions:
a. Please note that products must be returned unused, undamaged and in their original outer packaging.
b. Please make sure you choose an appropriate cardboard shipping box for your return to prevent the content(s) from being damaged while in transit.
c. Please make sure that the product being returned is not a sale item, as only regular price items can be refunded (unless you received a defective/damaged product from us)
b. Please make sure your product is not a pair of earrings as we cannot accept the return of earrings for hygiene purposes (unless you received a defective/damaged product from us)
c. Please make sure your product is not a bespoke item
d. The customer is liable to cover the cost of postage and keep proof of this. We strongly recommend returning via tracked/insured methods as we cannot be held responsible for any packages that go missing in transit as this is the responsibility of the courier. The same applies for international customers.
9.4 Returns Procedure
To return your product(s), please follow these steps:
a. Please start a return/exchange by e-mailing us at charlotte@lottieleigh.com. If approved, you will receive a confirmation email and one of our staff will contact you to help facilitate the return.
b. After we have received your returned products, we will process your return request. If all aforementioned conditions are met, we will gladly refund the total purchase price to the original form of payment within 14 (fourteen) days of receiving your return. Unfortunately, return shipping costs are non-refundable.
c. Please note that returns are your responsibility until they reach us so we suggest you retain proof of postage. This does not affect your statutory rights.
Should also add personalised orders/goods made according to specifications as goods that cannot be refunded
10. Faulty Products and Warranty
10.1 All our products conform to the legal standards of purity
10.2 Starting from the date of purchase, we provide a 12 (twelve) months’ warranty (‘Warranty Period’) in respect of manufacturing defects only, which means that if you receive a product that has a manufacturing defect we will repair it free of charge within the Warranty Period, or where a repair is not possible we will replace the product with an identical or equivalent one, or provide a refund in accordance with paragraph 10.3.
10.3 Where you have received a defective/damaged product from us, you can claim a full refund within 30 (thirty) days from the date on which you received the defective/damaged product. You must return the defective/damaged product in accordance with paragraphs 9.3 and 9.4. If you contact us in relation to a defect in your product after 30 (thirty) days but within 6 (six) months of receiving the product, you will be required to give us one opportunity of repair or replacement before claiming a refund, which will be made only if the attempt at repair or replacement has been unsuccessful. If you contact us in relation to a defect in your product after 6 (six) months of receiving the product, the burden of proving that the product arrived defective/damaged will lie on you, which if proved, you will be required to give us one opportunity of repair or replacement before claiming a refund. The refund will be partial and will be made only if the attempt at repair or replacement has been unsuccessful.
10.4 The warranty does not extend to wear and tear form regular use (such as without limitation, scratches, loss of shine and dulling of the metal), negligent use, third-party repair, products that have not been engraved by us but by third-parties, misuse or damage caused by you and/or supervening events beyond our control.
10.5 We advise you to follow the accompanying ‘Care Guide’ for the jewellery that you buy from us. The Care Guide comes with every product you purchase from us[GD2] . This will help prolong the life of your jewellery. The warranty does not extend to early wear and tear of a product caused by your failure to follow the Care Guide.
11. Statutory Rights
11.1 Our cancellation, return and refund policy under paragraph 9, and the offered warranty under paragraph 10 does not affect your statutory rights.
12. Bespoke Jewellery
12.1 At LLFJ we offer a bespoke jewellery service, whereby you can commission us to create bespoke jewellery.
12.2 As part of this service, we work together through multiple stages to achieve the desired product.
12.3 The process of designing your bespoke piece usually includes:
a. An initial free consultation which enables us to understand your requirements, and the product that you desire (‘Customer’s Original Brief’).
b. Once we know your requirements, we share a quote with you. The quote includes the cost of manufacturing the desired product itself, our designing fee, and applicable taxes if any (‘total price’).
c. Once you commission us to create your bespoke piece, we will request you to make an upfront payment of the total price.
d. On receiving payment, we start working on your order. As a first step we use our 3D CAD (Computer Aided Design) technology to design your piece. We produce a 3D render which you can see on your computer screen. We continue to tweak the design until the desired outcome that you are happy with has been achieved. Please note that if the 3D CAD renders produced exceed 4 in number or your design brief changes completely, an additional fee shall be charged to produce more designs and 3D CAD renders. Once you are happy with a design and its 3D CAD render, we use the 3D printing technology to create a prototype of your piece that you can see and try on before the actual piece is made. This helps ensure that you are certain about every single detail of your desired piece.
e. Once you confirm that you are happy with the proto-type, the actual piece is made in our workshop.
12.4 Please note that once the prototype has been approved and the actual piece has been made:
a. a refund or exchange is not possible
b. if you request changes to be made to the actual piece this would have to be at an additional cost
12.5 Please note that any appreciable deviation from the Customer’s Original Brief is not included in the total price. Should you wish to make extensive changes to your Original Brief, any such changes will be subject to separate fees and will be shared with you prior to proceeding with the design.
12.6 Please note that our shipping and delivery policy, duties and taxes, return and exchange of faulty goods policy, warranty and disclaimers as set out in these TOS also apply to bespoke jewellery.
12.7 LLFJ is the author and therefore the copyright owner of the jewellery designs made during the bespoke design process. Unauthorised reproduction of our designs in any form or medium, including the use and/or publication of designs, in any form or medium and/or the duplication, distribution and/or communication of the designs without our permission is not allowed and will constitute a breach of our Intellectual Property Rights, thereby entitling us to legal and equitable remedies.
12.8 The 3D renders as well as the printed prototype are for illustrative and reference purposes only, and they may appear different than the physical product. By proceeding to ordering bespoke jewellery, you agree that it is natural for images, renders and prototypes of a a bespoke item to appear different from the physical product itself, including without limitation, in terms of its colour, texture and finish. We shall not be liable for differences between the appearance of a product as seen in the 3D renders and prototypes and the physical product itself. You agree that the proto-type is only a representation of the design, however due to the difference in the material of the proto-type, and the actual jewellery piece itself, the proto-type is not an exact replica of the design or the final piece.
12.9 Jewellery remodelling services-
12.9.1 If you commission us to remodel your jewellery:
a. You agree that we shall not be liable for the condition and the quality of the piece that you ask us to remodel
b. We shall not be liable for any stones that turn out to be damaged or that break while being unset.
12.9.2 When you ask us to remodel your jewellery you do it at your own risk and on the understanding that wear and tear may have caused the jewellery and/or stones in it to have become damaged, and for which LLFJ cannot be held liable.
12.9.3 As part of the remodelling service we will produce a design concept and the terms of payment applicable to bespoke jewellery designing shall apply to our jewellery remodelling services as well.
12.10 If you wish to cancel your order, please let us know by emailing us at charlotte@lottieleigh.com. In case you cancel your order we will charge for our services and costs of production until the date of cancellation of order. The remaining balance if any shall be refunded to you.
13. Reservation of Title
13.1 Products ordered by you will remain the property of LLFJ until LLFJ has received full payment thereof and you hereby grant a security interest in such products until full payment has been received. If there is any problem with payment, you are responsible to return the goods received to LLFJ immediately upon request.
14. Disclaimers and Limitation of Liability
14.1 Disclaimers
(a) Products on the website may appear different than the physical products and the photos are for illustrative purposes only. By proceeding to purchase a product you agree that it is natural for images of a product to appear different from the physical product itself, including without limitation, in terms of its colour and finish. We shall not be liable for differences between the appearance of a product as seen in the images and the physical product itself.
(b) Proto-types of the commissioned piece are only a representation of the design. However, due to the difference in the material used to create the proto-type and the actual jewellery piece itself, the proto-type is not an exact replica of the final design and/or piece.
(c) Our products that appear on the LLFJ Site have been displayed as accurately as possible in regard to colours and shades, however, as computer monitors vary, we cannot guarantee that your monitor's display of any colour will be completely accurate. As we use precious stones for much of the collection the colour of these unique stones may also vary from the photography on the Site.
(c) The content of our Site such as text, graphics, images, blogs and any other content made available through our Site (‘the Content’) is for informational purposes only. We shall not be responsible for the correctness, accuracy, relevance and/or completeness of the information provided. You agree that you rely on the Content at your volition, and we shall not accept any claims raised by you citing damage suffered by you as a result of your reliance on the Content.
(d) The Content on the Site including any promotions might be extended, changed or partly or completely deleted by us without separate announcement.
(e) You may come across third-party links including payment links via our Site. Please note that we are not responsible for the information and/or content provided on third-party websites and/or platforms other than our own Site (‘Third-party sites’). We are also not responsible for the manner in which authors of Third-party sites collect and process your Personal Data. You must read the terms and conditions as well as the privacy policy concerning Third-party sites.
(e) Any Third-party sites indicated on our Site exclusively indicate that they are our service providers and that we are not affiliated to the authors of Third-party sites in any other manner. Trade Marks and logos relating to Third-party sites are owned exclusively by the authors of such sites and we disclaim all rights to the Trade Marks and logos relating to such sites, whether or not published on our website, and/or content made available through such Third-party sites.
(f) While all your data will be collected and processed by us in accordance with our Privacy Policy, if you connect with us on social media and/or post comments and/or interact with us via social media groups and discussion boards, your Personal Data shall be available to members of such groups and/or other users of social media, for which we shall not be responsible. You may interact with other members of our social media groups at your own discretion, and we shall not be liable for the consequences of the same.
(g) Copyright- LLFJ is the author and therefore the copyright owner of the jewellery designs as well as Content made available on its Site. Unauthorised reproduction of our designs in any form or medium, including the use and/or publication of their images in any form or medium and/or the duplication, distribution and/or communication of the Content without our permission is not permitted and will constitute a breach of our Intellectual Property Rights, thereby entitling us to legal and equitable remedies.
14.2 Limitation of Liability
(a) Except as stated in these TOS, we make no guarantees, representations or warranties of any kind or nature, explicit or implicit with respect to the products and services offered by us.
(b) We shall not be liable to consumers and/or third parties for any indirect, consequential, or special damages. We shall not be liable to any person who is not a party to these TOS.
(c) We do not warrant that our services, information, Content, or other services included on or otherwise made available to you through our Site, servers or electronic communication sent by us are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of our services, or from any information or Content and/or services, included on or otherwise made available to you through our Site or electronic communication, including, but not limited to direct, indirect, incidental, punitive and consequential losses and/or damages, unless otherwise specified in writing.
(d) We will not be responsible for delays outside our control. If our supply of products and/or services is delayed by an event outside our control such as a Force Majeure event 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 we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your Online Order and receive a refund of the purchase price you have paid for a product which we have not yet dispatched.
(e) Allergies- Every product that you purchase via our Site or online shop has a corresponding product description, which lists the metals used for the product you have purchased or intend on purchasing. One of the objectives of providing the list of metals used is to forewarn you in case you suffer from allergies to any of the constituent metals. Given that a complete disclosure of product components is made by us, we shall not be held liable for any allergies suffered by you, as a result of your use of our products.
(f) Subject to the disclaimers and limitation of liability outlined in this paragraph 14, should we be found liable, our liability shall not exceed the purchase price paid by you for the order in relation to which a claim has been made.
If LLFJ breaches the TOS we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and LLFJ at the time of you placing your order, and LLFJ dispatching your order.
(g) We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.
[GD1]Ensure that the product description is clearly outlined
15. Intellectual Property Rights
15.1 Any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including LOTTIE LEIGH FINE JEWELLERY Trade Mark and Software and all HTML and other code contained in this Site belong to LOTTIE LEIGH FINE JEWELLERY and your use of the Site does not grant you any rights to the above. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Any copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
15.2 All Content on our Site including graphics, photographs, all other image rights, music, video, audio and text is owned by or licensed to LLFJ and every effort has been made to ensure that the information on this Site is accurate and complete. We cannot promise that the content on the LLFJ site is up-to-date or error-free and we do not promise that the aspects of the Site will be fully functional and that the server that makes it available will be free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
15.3 Opinions expressed on LLFJ are the personal opinions of the authors and do not reflect the views of LLFJ
15.4 LLFJ is the exclusive owner of copyright and/or other Intellectual Property Rights to its jewellery designs. Misappropriation and/or unauthorised use or publication of our designs shall constitute an infringement of our Intellectual Property rights, entitling us to legal and equitable remedies.
15.5 For the purposes of these TOS ‘Intellectual Property’ refers to refers to creations of the mind including without limitation inventions and innovations, whether patentable or not, registered and/or pending patents, utility designs, models, trade-marks, trade-dress, service marks, copyright and related rights whether registered or not, data base rights, rights in computer software, right to goodwill and to sue for passing off, right to sue for unfair competition, trade secrets, knowhow and Confidential Information, and all applications made for the registration, and renewal of such rights anywhere in the world and whether granted or pending.
16. Your Activity
16.1 You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.
17. Your Rights
17.1 You have certain rights under the law. In England these include:
a. That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, free from material defects in design, material and workmanship, and will conform to any description given on this Site.
b. Certain remedies if a product is defective and
c. A right to cancel any online or telephone order for a product within 14 (fourteen) days commencing on the day after the date on which you receive it, and to receive a full refund if cancelled within the afore-mentioned time period even if it is not defective.
16.2 Nothing in the TOS is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.
18. Compensation
18.1 At our request, you agree to compensate us fully, defend us, and hold harmless immediately on demand, LLFJ and its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
19. Our Relationship
19.1 As a result of the TOS and your use of this Site, you acknowledge that no partnership, joint venture or agency relationship exists between you and LLFJ . We shall not be liable for any representation, act or omission on your part and you agree not to hold yourself out as a representative, agent, or employee of LLFJ.
20. Data Protection
20.1 We collect and process the Personal Data of our consumers and/or users of our Site in accordance with our Privacy Policy available at https://www.lottieleigh.com/privacy-policy (‘Privacy Policy’) and in compliance with applicable Data Protection Law.
20.2 For the purposes of these TOS and our Privacy Policy which should be read in conjunction with these TOS:
(a) ‘Data Protection Law’ means the General Data Protection Regulations 2016/679 (GDPR), the UK GDPR, the Data Protection Act 1998, and any other data protection legislation applicable to the Parties
(b) ‘Personal Data’ shall have the meaning given to it under Article 4 of the GDPR, i.e. ‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’)
An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
21. Force Majeure
21.1 ‘Force Majeure’ means any event or combination of events or circumstances beyond the control of a Party which cannot:
(a) by the exercise of reasonable diligence, or
(b) despite the adoption of reasonable precaution and/or alternative measures be prevented, or caused to be prevented, and which materially and adversely affects a Party's ability to perform its obligations under this Agreement.
A Force Majeure event shall include acts of God, fire, storm, flood, earthquake, explosion, accident, damage to manufacturing facilities, acts of the public enemy, terrorist attacks, war, rebellion, insurrection, sabotage, epidemic, pandemic, quarantine restrictions, lockdown, government sanctions, labour dispute, labour shortage, power shortage, shortage of raw material, lack of access to any equipment or materials, ceasing to be entitled to access the internet for whatever reason, server crashes, deletion, corruption, loss or removal of data, transportation embargo, failure or delay in transportation, custom delays, any act or omission (including laws, regulations, disapprovals or failures to approve) of any government or government agency and/or any other analogous event.
21.2 If LLFJ is wholly or partially precluded from complying with its obligations under these TOS by Force Majeure, then its obligation to perform in accordance with the TOS will be governed by paragraph 14.2 (d) of these Terms.
22. Feedback
22.1 We welcome all feedback, and you can contact us by emailing us at charlotte@lottieleigh.com
22.2 Although we strive to provide our consumers with the best possible experience, in the event you are dissatisfied with our products and/or services we will always endeavour to resolve the issue quickly and easily.
23. Contact LLFJ
23.1 Please submit any questions you have about these TOS or your products by emailing us at charlotte@lottieleigh.com
24. Severance
24.1 If any term or provision of these TOS is or becomes invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed from these TOS. Any modification to, or severance of a provision under these TOS shall not affect the validity and enforceability of the rest of these TOS. The remainder of the provisions hereof shall continue in full force and effect as if these TOS had been agreed with the invalid, illegal or unenforceable provision eliminated.
25. Governing Law and Dispute Resolution
25.1 These TOS shall be governed by the laws of England and Wales.
25.2 While we do not anticipate this and will always strive to make our consumers happy, in the event of any dispute arising from, or as a result of these TOS, the Parties agree to resolve it by amicable settlement. Should all efforts at amicable settlement fail (such efforts lasting for at least 30 [thirty] days from the date on which the grievance or dispute arose) the Parties shall refer the dispute to a mutually appointed mediator who shall be a neutral person with no ties to either Party. The costs of appointing a mediator shall be paid equally by the Parties. The Parties agree to uphold the settlement arrived at, at the conclusion of mediation. Should mediation fail, the courts of England and Wales shall have jurisdiction over any disputes arising under these TOS.
26. No waiver
26.1 A failure or delay by us to enforce our rights in case of a breach by you of the TOS shall not constitute a waiver of our rights to enforce that term or any other term.
27. Third Party Rights
27.1 A person who is not a party to this Agreement shall not have rights under or in connection with it under the Contracts (Rights of Third Parties) Act 1999
28. Entire Agreement
28.1 These TOS contain the entire agreement between the Parties relating to the subject matter and at the time of dealing with us supersede any previous agreements, arrangements, undertakings or proposals, oral or written.
We reserve the right to vary these TOS and we request you to refer to these TOS at regular intervals to ensure that you stay completely updated.