These Terms and Conditions are the standard terms and conditions that apply to the sale of Letsdate Crate Ltd by us, Letsdate Crate Ltd, a company registered in England and Wales under number 12986144 at Kemp House, 160 City Road, London, United Kingdom, EC1V 2NX (“we/us/our”).
Definitions and Interpretation
- In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Consumer” is as defined in the Consumer Rights Act 2015;
“Contract” means the contract for the purchase and sale of the Letsdate Crate, as explained in clause 3;
“Customer” means you, the individual placing an Order with us;
“Letsdate Crate” means the goods which are to be supplied by us to you as specified in your Order (and confirmed in our Order Confirmation);
“Order” means your order for the Letsdate Crate;
“Order Confirmation” means our acceptance and confirmation of your Order as described in clause 3; and
“Website” means _____________
- Each reference in these Terms and Conditions to “writing” and “written” includes electronic communications such as email.
Access to and Use of Our Website
- Access to our Website is free of charge. It is your responsibility to make any and all arrangements necessary in order to access our Website.
- Access to our Website is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue our Website (or any part of it) at any time and without notice. We will not be liable to you in any way if our Website (or any part of it) is unavailable at any time and for any period.
- These Terms and Conditions govern the sale of all goods 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, ticking the box to say ‘I have read and understood the terms & conditions’ and making payment. If you are unsure about any part of these Terms and Conditions, please ask us for clarification.
- 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.
- We then send an Order confirmation to you by email; this is NOT contractual acceptance of our ability to provide this product, it is an acknowledgement that we have received your offer, and should the goods be available as detailed on our Website then you have entered into a legally binding agreement to purchase.
- Once we have received confirmation that the goods are available and payment has been authorised, we will contact you via email to let you know that your order has been processed for delivery.
- Our acceptance is indicated by us sending you a Delivery Confirmation by email. Only once we have sent you a Delivery Confirmation will there be a legally binding Contract between you and us. Delivery Confirmations will be provided in writing and will contain the following information:
- Confirmation of your Order with fully itemised pricing including, where appropriate, taxes, delivery (where applicable) and other additional charges;
- An Order number to be used in any future correspondence
- Our identity and contact details;
- The estimated delivery date(s) and time(s), where applicable.
- It is your responsibility to provide the correct email address upon placing an order. We cannot take responsibility for the non-delivery of a confirmation or dispatch email should you email address be incorrect.
- If we, for any reason, do not accept or cannot fulfil your Order, If we have taken payment, any such sums will be refunded to you as soon as possible (in any event, within 14 days).
- Once your Order has been accepted as detailed in clause 3.5, it is your responsibility to notify us of any incorrectly entered order details during checkout.
Description and Specification of the Goods
- We have made every reasonable effort to ensure that our 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 accurate. Please note in particular, certain colours may look different to the actual colour of the goods, when displayed on your computer, phone or tablet.
- We reserve the right to make any changes in the specification of our products that may be required to conform to any applicable safety or other legal or regulatory requirements, without notice.
- We neither represent nor warrant that our products will be available. Stock indications are not provided on our Website.
- Our products are in no way to be construed as advice, psychological counselling or any type of therapy.
Price and Payment
- The price of our Letsdate Crate will be that shown on our Website at the time of your Order. Our prices may change at any time but these changes will not affect any Orders that we have already accepted.
- They are priced in pounds sterling (£GBP) and exclude delivery charges which will be applied at checkout before you complete your order.
- 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.
- If there is an obvious pricing error on our Website, we will be under no obligation to provide the Order 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.
- 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.
- Delivery charges are not included in the price on our Website. Delivery options and any related charges will be presented to you as part of the Order process, where applicable. Payment 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.
- From time to time we may send promotional codes to our customers via email. These promotional codes may be subject to certain conditions of use and/or restrictions (including specific dates between which they may be applied), which will be specified at the time of issue.
- Promotional codes have no monetary value and must not be sold or transferred to anyone else unless otherwise stated.
- Promotional codes cannot be used in conjunction with any other offer and are for personal use and not for trade.
- All payments made via the Website will go through a secure payment gateway. We accept Visa Credit, Visa Debt, and MasterCard. No credit or debit card information is provided to us and completion of the transaction will be subject to you agreeing to Stripe terms and conditions. A separate contractual relationship is created between you and Stripe and we cannot be held liable for any errors, actions, omissions or incorrect charges that may be made by Stripe.
- Payment (and all applicable delivery charges) shall be made by you in advance at the time of Order.
- We do not accept liability if delivery is delayed because you have provided us with incorrect payment details.
- If it is not possible to obtain payment using the payment details you have provided, your order will be rejected.
- Any purchases will normally be despatched within 48 hours after the date of our Delivery Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of our control – see clause 12).
- Orders placed by UK customers will be delivered by a third party. Should your Order not arrive by the estimated delivery date, you should contact us in writing as soon as possible so we can investigate.
- It is your responsibility to provide us with full and correct delivery address details. If your package is returned to us due to an incorrect or incomplete address, you will be charged the full delivery cost to re-deliver your order to a corrected address
- If no one is available at your delivery address to receive your item and the item cannot be left in a safe place nominated by you, the courier company will make a second attempt at delivery on a different day.
- Following a second failed delivery attempt, as per the courier’s terms, if you do not collect or rearrange delivery within 3 calendar days, the crate will be returned to us and we will treat the Contract as cancelled. If this happens, you will be refunded the purchase price, but not the cost of delivery. We may also bill you for any reasonable additional cost that we incur in recovering the goods.
- If you do not wish to cancel under clause 6.6 or none of those circumstances apply, you may specify a new (reasonable) delivery date. If we fail to meet the new deadline, you may then treat the Contract as being at an end.
- Delivery will be deemed to have taken place when your Order has been delivered to the delivery address indicated in your Order and you (or someone identified by you) have taken physical possession of the Order.
- The responsibility (sometimes referred to as the “risk”) remains with us until delivery is complete as defined in clause 6.8, at which point it will pass to you. You own the products only once we have received payment in full of all sums due (including any applicable delivery charges).
Faulty, Damaged or Incorrect Goods
- By law, we must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information we have provided, and that match any samples that you have seen (unless we have made you aware of any differences). If the crate you have purchased does not comply and, for example, is damaged when you receive it, please contact us as soon as reasonably possible to inform us of the fault, damage or error, take a photograph of the damage, send to [email protected] and arrange for the following remedy: Beginning on the day that you receive the goods (and ownership of them) you have a 30 calendar day right to reject them and to receive a full refund if they do not conform as stated above. In this case you must return the crate as you found it and we will reimburse delivery costs should we agree to be at fault.
- To return the crate to us for any reason under this clause 7, please contact us to arrange for the return. We will be fully responsible for the costs of return under this clause 7 and will reimburse you where appropriate.
- Refunds under this clause 7 will be issued within 14 calendar days of the day on which we agree that you are entitled to the refund.
- Any and all refunds issued under this clause 7 will include all delivery costs paid by you when the goods were originally purchased.
Cancelling and Returning the Goods if You Change Your Mind
- 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. You may also cancel for any reason before we send the Order Confirmation.
- The legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the goods.
- If you wish to exercise your right to cancel under this clause 8, you must inform us of your decision via email within the cooling-off period. Cancellation by email is effective from the date on which you send us your message. Please note that the cooling-off period lasts for 14 whole calendar days. If, for example, you send us an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted. If you would prefer to contact us directly to cancel, please use the contact form available on our Website.
- Please note that you may lose your legal right to cancel under this clause 8 if you have unsealed the crate or used any of the items in it after receiving it.
- Please ensure that you return the goods to us no more than 14 calendar days after the day on which you informed us of your wish to cancel under this clause 8.
- You may return the goods to us by post or another suitable delivery service of your choice. Please contact us to obtain details of the returns address. Please note that you must bear the costs of returning the goods to us if cancelling under this clause 8. We will reimburse standard delivery charges in full as part of your refund. However, we cannot reimburse for premium delivery.
- Refunds under this clause 8 will be issued to you within 14 calendar days from the day on which we receive the goods back; or
- Refunds may be reduced for any diminished value in the goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop). Please note that if we issue a refund before we have received the goods and have had a chance to inspect them, we may subsequently charge you an appropriate sum if we find that the crate or any of its components have been handled excessively.
- Refunds under this clause 9 will be made using the same payment method that you used when ordering.
Cancellations by Us
- We may cancel your Order at any time before we despatch to you, if the crate is no longer in stock and we are unable to re-stock for a period of 14 days; or If an event outside of our control occurs (please see clause 12 for events outside of our control).
- If we cancel your Order and you have already paid under clause 5, the payment will be refunded to you within 14 days. If we cancel your Order, the cancellation will be confirmed by us in writing.
- 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 or breach of contract. 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.
- 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.
- We provide advice and guidance on our Website and in our literature available on the Website. Nothing in this information is intended to provide medical or psychological advice. It is intended for informational purposes only and is not a substitute for professional advice, diagnosis or treatment.
- 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 or sub-contractors); or for fraud or fraudulent misrepresentation.
- Nothing in these Terms and Conditions seeks to exclude or limit any of your rights as a Consumer. More information on your rights as a Consumer can be obtained from your local Citizens’ Advice Bureau or Trading Standards Office.
- Events Outside of Our Control (Force Majeure): 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, flood, storms, earthquakes, subsidence, acts of terrorism or war, governmental action, infectious diseases, epidemic or other natural disaster, or any other event that is beyond our control.
Communication, Complaints and Feedback
- If you wish to contact us in writing, please use the contact form on our Website or email [email protected].
- 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 investigate.
How We Use Your Personal Information (Data Protection)
- All personal information that we may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 2018 and General Data Protection Regulations and your rights under that Act.
- We may use your personal information to provide our goods to you, process your payment, send our newsletter to you; and/or inform you of new goods available from us. You may request that we stop sending you this information at any time. We will not pass on your personal information to any third parties without first obtaining your express permission.
- We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (if, for example, 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.
- You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract) without our express written permission.
- 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.
- 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) will be deemed severed from the remainder of these Terms & Conditions and the remainder will be valid and enforceable.
- 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.
Governing Law and Jurisdiction: These Terms and Conditions and the Contract between you and us will be governed by, and construed in accordance with, the laws of England and Wales and any dispute will fall within the non-exclusive jurisdiction of the courts of England and Wales.