0

OUR TERMS & CONDITIONS

These are the (Lovewhere.co.uk) terms and conditions and set out the rules of our site.  Our ultimate goal is that you enjoy buying and selling on lovewhere.co.uk and we also want to make sure that it’s a safe and protected place for all concerned so make yourself a cup of tea (or a gin!) and settle in to read our terms and conditions. 

All of our terms and conditions, our privacy policy, our cookie policy, our local seller terms and our environmental policy are subject to change but we will let you know if that happens.  By using our site (lovewhere.co.uk) you agree that you are bound by these Customer Terms whether using it as a guest or a registered user. If you do not agree to these Customer Terms then please do not use the Services or any part of them. 

  1. About us

The Services are operated by LWYL Limited (“we”). We are registered in the UK under company number 12965232 and with our registered office address at Mill House, Court Farm, Church Lane, Norton, Worcester, WR5 2PS. 

  1. Accessing our Service

Access to our Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide through the site without notice. We are not liable if for any reason any of the services are unavailable at any time or for any period. 

Sometimes, we may restrict access to any or all of the services, to users who have registered with us. Any personal data and other information provided by you is processed by us in accordance with our Privacy Policy. In providing any such personal data or other information, you agree to the terms of our Privacy Policy. 

If you choose, or you are provided with, a user ID code, password or any other piece of information as part of our security procedures, that information should be treated as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these customer terms. 

It is your responsibility to ensure that all information uploaded to the site, including your name and address is correct and accurate. Please make sure that you check all the information before making a purchase. 

  1. Intellectual property rights

We own, or are the licensee to, all right, title and interest in and to the service, including all rights under patent, copyright, trade secret or trademark law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from any part of the Service. 

You must not extract or otherwise use any of the content on the site and/or service for commercial purposes without obtaining a license to do so from us or our licensors. 

We ask you to respect our international property rights as we respect yours. If you are aware that any of your intellectual property rights have been infringed on the site, please get in touch and talk to us about your concerns. 

  1. Description of the Love Where You Live service

Please note that when you decide to purchase goods and/or services the resulting legal contract is between you and that seller and such contract shall compromise of these Customer Terms, the email confirmation of your order and the applicable details on the product page and you agree that you are bound by all such provisions. 

It’s important that you carefully review the Customer Terms, the email confirmation of your order and the applicable details on the product page in relation to the order. If there is any conflict or inconsistency between these Customer Terms and the email confirmation of your order or the applicable details on the product page, these Customer Terms shall prevail to the extent of the conflict or inconsistency. 

Unfortunately, even with our best checks and efforts, we cannot make any promises, that goods and/or services you purchase from sellers through the site will be of a satisfactory quality and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the Seller. Where you order goods and/or services through the site we may disclose your customer information related to that transaction to the relevant Seller. 

We do not review or control, and are not responsible in any way for, listings provided by our local sellers and at no time do we possess any items offered for sale by our local sellers through the site. 

  1. How contracts are formed between you and our local sellers

Every order that is placed is deemed to be an offer by you to purchase the goods and/or services specified within it subject to the Customer Terms and the applicable details on the product page. 

No order shall be deemed to be accepted by the Seller until we (acting as the commercial agent of the Seller) issue an email acknowledgement of order. The contract between you and a local seller will relate only to those goods and/or services notified in the email acknowledgement of order. 

  1. Disclaimer of Warranties and limitation of liability

(a)To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of any part of the service. 

(b) The site is provided ‘as is’ and ‘as available’ and we expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties. 

(c) Nothing in these Customer Terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law. 

  1. Payment

Purchases for goods and/or services you make with local sellers may only be paid for using the authorised methods through our payment facility. In accepting or otherwise processing your payments related to the purchase of items from local sellers, we act in the capacity as commercial agent of the local seller. The local seller acknowledges and agrees that the valid payment by you to us for the purchase of item(s) between you and the local seller will satisfy your obligation to pay the local seller for the items and consequently, any debt obligations owed by you to the local seller for the purchase of such items shall be extinguished at the time.   

The local seller further agrees that it will not seek recourse (legal or otherwise) against you for payment of items if you have successfully paid us. Prices will be shown in the relevant currency and payable in that currency. You accept that some banks may charge you an additional fee for certain transactions (for example, international transactions). You accept that item prices in the currencies displayed do not vary according to your location; delivery charges will vary depending on the destination to choose to have the item delivered.  If applicable, all prices quoted include VAT. 

  1. Refusing a transaction

At our discretion, we can refuse to process any transaction for any reason or refuse service to anyone at any time at our discretion. We are not liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun. 

  1. Delivery 

Your shopping basket on the Site displays the goods you have chosen, the local seller who shall provide them and details of postage and packing. The delivery costs for each local seller vary according to the delivery methods they offer.  Any delivery outside of the UK could be subject to taxes and import duties.  It is your responsibility for any extra payments as they are outside of our control and we could not predict the amount.   

Delivery times are given in working days – please have a look at our Delivery Policy for more information. 

  1. Returns

If you would like to return, replace or a get a refund for an item, please get in touch with the local seller directly.  All of our local sellers are vetted for their passion for their product and will be happy to assist you if there is a problem in accordance with our Returns and Refunds Policy.  

There are however, some items on lovewhere.co.uk that you won’t be able to cancel and are non-refundable. 

  1. Links

You are welcome to link to our lovewhere.co.uk site but please ensure that any links are fair and legal.  Any links that damage our reputation or take advantage of our reputation are not permitted.   Equally, you are not permitted to imply or suggest an association, approval or endorsement from us where it doesn’t exist. The Company expressly reserves the right to revoke the right granted in this clause for breach of these Customer Terms and to take any appropriate action. 

Our site must not be framed on any other website, nor may you create a link to any part of our site other than the home page. We have the right to withdraw linking permission at any time. 

Our site provides links to other websites for your information only. If you choose to use these links, you leave our site and move to a third party websites that we have not reviewed and have no control over.   We do not endorse or make any representations about them or any material found there, or any results that may be obtained from using them. Any access to any third party websites linked to the site is done so entirely at your own risk. We accept no responsibility for third party websites or for any loss or damage that may arise from your use of them. 

  1. Uploading material to the Site

Uploaded material must not:   

  • be defamatory of any person;  
  • contain material which is obscene, discriminatory, offensive, hateful, threatening or inflammatory; 
  • infringe any copyright, database right or trade mark of any other person; 
  • be likely to deceive any person; 
  • promote any illegal activity; 
  • be likely to harass, upset, embarrass, alarm or annoy any other person; 
  • be used to impersonate any person, or to misrepresent your identity or affiliation with any person. 

Any material a user uploads to the site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose a user’s identity to any third party who is claiming that any material posted or uploaded by such user constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by users. We have the right to remove any material or posting a user makes on the Site. 

  1. Waiver

If we fail at any time to insist upon strict performance of any of your obligations under these Customer Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Customer Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing. 

  1. Severability

If any provision of these customer terms is held illegal or unenforceable in a judicial proceeding or by any competent authority, such provision, to that extent shall be severed from the remaining terms, and, provided that the fundamental terms and conditions of this Agreement remain legal and enforceable, the remainder of this agreement shall remain operative and binding on the Parties. 

  1. Entire agreement

Our Customer Terms and any documents that are referred to constitute the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter. Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Customer Terms or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Customer Terms and any documents expressly referred to in them. 

  1. Force majeure

If LWYL Ltd or one of our local sellers are prevented from or delayed in carrying out obligations  as laid out in these Customer Terms because of circumstances that are beyond our or our local seller’s reasonable control including, but without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to the local seller’s workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either our or our local seller’s (as may be the case) performance of its obligations shall be postponed for the period of time that the circumstances continue. 

  1. Rights of Third Parties

No provision of these Customer Terms shall be enforceable by any third party (which includes for these purposes any third party: employee, officer, agent, representative or sub-contractor of either LWYL Ltd or the local seller) under the Contracts (Rights of Third Parties) Act 1999 or otherwise. Nothing in this clause excludes the rights of LWYL Ltd when acting as commercial agent of any seller. 

  1. Hacking and viruses

    Whilst we do everything that we can, we can’t guarantee that the LWYL Ltd website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platforms to access the LWYL Ltd website. Please use your own virus protection software. 
     
    Do not use the LWYL Ltd website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the LWYL Ltd website, the server on which the website is stored or any server, computer or database connected to the website. You must not attack the LWYL Ltd website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the LWYL Ltd website will cease immediately. 
  2. Law and jurisdiction

Contracts for the purchase of goods or services through our Site shall be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of England. 

  1. Feedback and Complaints

We whole heartedly welcome any comments that you have about our site.  If you have a complaint about an order, please contact the local seller who should be able to help.  If you are unable to resolve your issue with the local seller, please get in touch with us and we’ll do our very best to get your issue resolved.