Terms and Conditions

LOVE YOUR PRESENCE (JAAN L&D Ltd)– Terms and Conditions – Goods
These Terms and Conditions are the standard terms and conditions that apply
to the sale of Products by us, LOVE YOUR PRESENCE (JAAN L&D Ltd) registered
in England and Wales under number 07881993, of registered address
Registered Address - 153 Milton Keynes Business Centre, Milton Keynes
Buckinghamshire MK14 6GD,
United Kingdom
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the
following expressions have the following meanings:
“Calendar day” means any day of the week;
“Contract” means the contract for the purchase and sale of the Products,
as explained in clause 2;
“Customer” means you, the individual, firm or corporate body placing an
Order with us;
“Order” means your order for the Products;
“Order Confirmation” means our acceptance and confirmation of your
Order as described in clause 2;
“Price” means the price payable for the Products;
“Products” means the products which are to be supplied by us to you as
specified in your Order (and confirmed in our Order Confirmation);
“We/Us/Our” means us, LOVE YOUR PRESENCE (JAAN L&D Ltd), and
includes all employees and agents of ours; and
“Website” means www.loveyourpresence.com
1.2 Each reference in these Terms and Conditions to “writing” and “written”
includes electronic communications such as e-mail or text.
2. The Contract
2.1 These Terms and Conditions govern the sale of all Products by us and will
form the basis of the Contract between you and us. If you wish to place
an Order with us, our Website will guide you through the ordering
process. Before submitting your Order to us, you will be given the
opportunity to review and amend it. Please ensure that you have checked
your Order and that you have read these Terms and Conditions carefully
before submitting it.
2.2 No part of our Website constitutes a contractual offer capable of
acceptance. Your Order constitutes a contractual offer that we may, at
our sole discretion, accept. Our acceptance is indicated by us sending you
an Order Confirmation by email. Only once we have sent you an Order
Confirmation will there be a legally binding Contract between you and us.
Order Confirmations will be provided in writing and will contain the
following information:
2.2.1 Confirmation of the Products ordered with fully itemised pricing
including, where appropriate, taxes, delivery and other
additional charges;
2.2.2 Our identity and contact details;
2.2.3 The estimated delivery date(s) and time(s).
2.3 If we, for any reason, do not accept or cannot fulfil your Order, no
payment will be taken under normal circumstances. If we have taken
payment, any such sums will be refunded to you as soon as possible and
in any event within 14 days.
2.4 Once your Order has been accepted as detailed in clause 2.2, we cannot
accept any changes to it.
3. Description and Specification of Products
3.1 We have made every reasonable effort to ensure that the Products
conform to the photographs and descriptions provided in our sales and
marketing literature and on our Website. We cannot, however,
guarantee that all photographs and descriptions will be precisely
3.2 We reserve the right to make any changes in the specification of the
Products that may be required to conform to any applicable safety or
other legal or regulatory requirements, without notice.
3.3 We neither represent nor warrant that particular Products will be
available. Stock indications are not provided on our Website.
4. Price and Payment
4.1 The Price of the Products will be that shown our Website at the time of
your Order.
4.2 If we quote a special price which is different to the Price shown in our
current sales and marketing literature or on our Website, the special price
will be valid for 7 days or, if the special price is part of an advertised special
offer, it will be valid only for the period shown in the advertisement.
Orders placed during this period will be accepted at the special price even
if we do not accept the Order until after the period has expired.
4.3 Our Prices may change at any time but these changes will not affect any
Orders that we have already accepted.
4.4 We have made every reasonable effort to ensure that our Prices, as
shown in our current sales and marketing literature and on our Website
are correct. If we find, or are made aware of, any typographical, clerical
or other accidental errors or omissions in our sales and marketing
literature or on our Website, we will make every reasonable effort to
correct such errors or omissions as soon as is reasonably possible.
4.5 If there is an obvious pricing error on our Website, we will be under no
obligation to provide the Products to you at the incorrect (lower) price,
even after we have sent you an Order Confirmation, if the price error is
unmistakable and could have reasonably been recognised by you as a mispricing.
Prices will be checked when we process your Order.
4.6 All Prices include VAT, where applicable. If the rate of VAT changes
between the date of your Order and the date of your payment, we will
adjust the rate of VAT that you must pay. Changes in VAT will not affect
any Prices where we have already received payment in full from you.
4.7 Delivery charges are not included in the price of the Products on our
Website. Delivery options and any related charges will be presented to
you as part of the Order process.
4.8 Payment for the Products and any related delivery charges must always
be made at the time of Order and you will be prompted to pay during the
Order process.
4.9 All payments made via the Website will go through an online payment
gateway provider, such as PayPal. No credit or debit card information is
provided to us and completion of the transaction will be subject to you
agreeing to this payment gateway provider’s terms and conditions. A
separate contractual relationship is created between you and the
payment gateway provider and we cannot be held liable for any errors,
actions, omissions or incorrect charges that may be made by such third
5. Delivery
5.1 When we provide you with an Order Confirmation, we will provide an
estimated delivery date. Please note that estimated delivery dates may
vary according to the availability of the Products, your location, and
circumstances beyond our control.
5.2 Delivery will be deemed to have taken place when the Products have been
delivered to the delivery address indicated in your Order and you (or
someone identified by you) have taken physical possession of the
5.3 Orders will be delivered by Royal mail, unless otherwise specified.
5.4 A receipt of postage photo will be sent to the buyer by email or text.
5.5 Should your Order not arrive by the estimated delivery date, you should
contact us in writing as soon as possible so we can investigate.
5.6 The responsibility (sometimes referred to as the “risk”) for the Products
remains with us until delivery is complete as defined in clause 5.2, at
which point it will pass to you.
5.7 You own the Products only once we have received payment in full of all
sums due (including any applicable delivery charges).
6. Faulty, Damaged or Incorrect Products
6.1 By law, we must provide Products that are of satisfactory quality, fit for
purpose, as described at the time of purchase, and that match any
samples or models that you have seen or examined (unless we have made
you aware of any differences). If any Products you have purchased do not
comply and, for example, have faults or are damaged when you receive
them, or if you receive incorrect Products, please contact us as soon as
reasonably possible to inform us of the fault, damage or error, and to
arrange for a refund or replacement.
6.2 Beginning on the day that you receive the Products (and ownership of
them) you have a 30 calendar day right to reject the Products and to
receive a full refund if they do not conform as stated above. Alternatively,
you may request a replacement.
6.3 If the packaging is damaged on delivery, please contact us within 48 hours
of delivery so we can investigate the issue with the delivery company.
6.4 To return Products to us for any reason under this clause 6, please contact
us to arrange for them to be returned. You will need to return the
Product(s) unopened, in the original packaging.
6.5 On receipt of the returned Products, if we prove them to be faulty,
damaged or incorrect, we will provide you with a replacement within a
reasonable time and will reimburse you for the postage costs in returning
them to us.
6.6 In certain circumstances, where a replacement is impossible or otherwise
disproportionate, we may instead offer you a full refund, including any
delivery costs paid by you when the Products were originally purchased.
Refunds will be issued within 14 days of the day on which we agree that
you are entitled to the refund.
6.7 Please note that you may not return Products to us under this clause 6
merely because you have changed your mind. If you are a consumer in
the European Union you have a legal right to a 14 calendar day cooling off
period within which you can return Products for this reason. Please refer
to clause 7 for more details.
7. Cancelling and Returning Products if You Change Your Mind
7.1 If you are a consumer in the European Union, you have a legal right to a
“cooling off” period within which you can cancel the Contract for any
reason. This period begins once your Order is complete and we have sent
you your Order Confirmation, i.e. when the Contract between you and us
is formed.
7.2 Please note this “cooling off” period does not apply to Orders under the
value of £42 (including delivery costs and other charges). It also does not
apply to Products supplied in sealed packaging for hygiene reasons. These
cannot be returned if the packaging has been opened.
7.3 If the Products are being delivered to you in a single instalment (whether
single or multiple items), the cooling off period ends 14 calendar days
after the day on which you receive the Products.
7.4 If multiple Products ordered on the same Order are being delivered in
separate instalments on separate days, the cooling off period ends 14
calendar days after the day on which you receive the final instalment of
7.5 If you wish to exercise your right to cancel under this clause 7, you must
inform us of your decision within the cooling off period. You may do so in
any way you wish, however for your convenience we offer a cancellation
form on our Website and will include a link to it with the Order
Confirmation. Cancellation by email or by post is effective from the date
on which you send us your message. Please note that the cooling off
period lasts for whole calendar days. If, for example, you send us an email
or letter by 23:59 on the final day of the cooling off period, your
cancellation will be valid and accepted.
7.6 Please ensure that you return Products to us no more than 14 calendar
days after the day on which you have informed us that you wish to cancel
under this clause 7.
7.7 You may return Products to us by post or another suitable delivery service
of your choice to our returns address provided with the Products. Please
note that you must bear the costs of returning Products to us if cancelling
under this clause 7.
7.8 Refunds under this clause 7 will be issued to you using the same payment
method that you used when ordering the Products unless you specifically
request otherwise, within 14 calendar days of the following:
7.8.1 The day on which we receive the Products back; or
7.8.2 The day on which you inform us (supplying evidence) that you
have sent the Products back (if this is earlier than the day under
clause 7.8.1); or
7.8.3 If we have not yet provided an Order Confirmation or have not
yet dispatched the Products, the day on which you inform us that
you wish to cancel the Contract.
8. Cancellations by Us
8.1 We may cancel your Order at any time before we despatch the Products
to you, in the following circumstances:
8.1.1 If the Products are no longer in stock and we are unable to restock
(if, for example, the Products are discontinued); or
8.1.2 If an event outside of our control occurs (please see clause 10 for
events outside of our control).
8.2 If we cancel your Order and you have already paid for the Products under
clause 4, the payment will be refunded to you within 14 days. If we cancel
your Order, the cancellation will be confirmed by us in writing.
9. Our Liability
9.1 We will be responsible for any foreseeable loss or damage that you may
suffer as a result of our breach of these Terms and Conditions or as a result
of our negligence. Loss or damage is foreseeable if it is an obvious
consequence of our breach or negligence or if it is contemplated by you
and us when the Contract is created. We will not be responsible for any
loss or damage that is not foreseeable.
9.2 Under no circumstances will we be liable to you for any loss of profit, loss
of business, interruption to business or for any loss of business
opportunity whatsoever.
9.3 Nothing in these Terms and Conditions seeks to exclude or limit our
liability for death or personal injury caused by our negligence (including
that of our employees, agents or sub-contractors); or for fraud or
fraudulent misrepresentation.
9.4 If you are concerned about allergies, please contact us before placing your
9.5 Nothing in these Terms and Conditions seeks to exclude or limit any of
your rights as a consumer.
10. Events Outside of Our Control (Force Majeure)
10.1 We will not be liable for any failure or delay in performing our obligations
where that failure or delay results from any cause that is beyond our
reasonable control. Such causes include, but are not limited to: failure of
any sub-contractor, power failure, internet service provider failure,
industrial action, civil unrest, fire, explosion, flood, storms, earthquakes,
subsidence, acts of terrorism, acts of war, governmental action, epidemic
or other natural disaster, or any other event that is beyond our control.
11. Communication, Complaints and Feedback
11.1 You may contact us in any of the methods listed on our website (phone,
text, e-mail, letter) to give us any feedback.
11.2 In certain circumstances, you must contact us in writing (when cancelling
an Order, for example). When contacting us in writing, you may email us.
11.3 We always welcome feedback from our customers and, whilst we always
use all reasonable endeavours to ensure that your experience as a
customer of ours is a positive one, we nevertheless want to hear from you
if you have any cause for complaint. If you wish to complain about any
aspect of your dealings with us, please contact us in writing so we can
12. How We Use Your Personal Information (Data Protection)
12.1 All personal information that we may collect will be collected, used and
held in accordance with the provisions of the Data Protection Act 1998
and your rights under that Act.
12.2 We may use your personal information to:
12.2.1 Provide our Products and services to you;
12.2.2 Process your payment for the Products;
12.2.3 Send our newsletter to you; and/or
12.2.4 Inform you of new products available from us.
You may request that we stop sending you this information at any time.
12.3 We will not pass on your personal information to any third parties without
first obtaining your express permission.
13. Other Important Terms
13.1 We may transfer (assign) our obligations and rights under these Terms
and Conditions (and under the Contract, as applicable) to a third party
(this may happen, for example, if we sell our business). If this occurs, you
will be informed by us in writing. Your rights under these Terms and
Conditions will not be affected and our obligations under these Terms will
be transferred to the third party who will remain bound by them.
13.2 You may not transfer (assign) your obligations and rights under these
Terms and Conditions (and under the Contract, as applicable) without our
express written permission.
13.3 The Contract is between you and us. It is not intended to benefit any
other person or third party in any way and no such person or party will be
entitled to enforce any provision of these Terms and Conditions.
13.4 If any of the provisions of these Terms and Conditions are found to be
unlawful, invalid or otherwise unenforceable by any court or other
authority, that / those provision(s) shall be deemed severed from the
remainder of these Terms and Conditions. The remainder of these Terms
and Conditions will be valid and enforceable.
13.5 No failure or delay by us in exercising any of our rights under these Terms
and Conditions means that we have waived that right, and no waiver by
us of a breach of any provision of these Terms and Conditions means that
we will waive any subsequent breach of the same or any other provision.
14. Governing Law and Jurisdiction
14.1 These Terms and Conditions (and the Contract) (including any noncontractual
matters and obligations arising from them or associated with
them) will be governed by, and construed in accordance with, the laws of
England and Wales.
14.2 Any dispute, controversy, proceedings or claim between us and you
relating to these Terms and Conditions (or the Contract) (including any
non-contractual matters and obligations arising from them or associated
with them) shall fall within the non-exclusive jurisdiction of the courts of
England and Wales.