Terms & Conditions
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, please email us at support@meloovely.com.
Application
- These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Trinity Square Ltd whose trading name is Me Loovely a company registered in England and Wales under number 07487098 whose registered office is at 123 Sylvia Ave, Middlesex, HA5 4QL with email address support@meloovely.com; (the Supplier or us or we).
- These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
Interpretation
- Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
- Contract means the legally-binding agreement between you and us for the supply of the Goods;
- Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;
- Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
- Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
- Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
- Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
- Website means our website com on which the Goods are advertised.
- The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
- In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
- All Goods which appear on the Website are subject to availability.
- We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Personal information
- We retain and use all information strictly under the Privacy Policy.
- We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
- The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
- The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
- A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
- Any quotation is valid for a maximum period of 1 day from its date, unless we expressly withdraw it at an earlier time.
- No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Customer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.
Personalisation of Products
- It is up to you to ensure that all content in a personalised product is correct, and (for example) is correctly spelt or irregularly formatted. We cannot edit or cancel an order for a personalised product once it has been placed so please double-check your order on screen before confirming your purchase. Please refer to Withdrawal, returns and cancellation for further information on Changing or Cancelling an Order.
Price and Payment
- The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
- Prices and charges include VAT where appropriate and at the rate applicable at the time of the Order.
- You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
Delivery
- The price for delivery is shown separately to the cost of goods at the checkout stage before you place your order.
- Delivery charges and times can be consulted on our Shipping & Returns page.
- An estimated delivery date will be given when you place your order. Occasionally our delivery to you may be affected by circumstances outside of our control. Dates and times given for delivery are estimates only and we shall not be liable for any delay in delivery.
- Me Loovely does not cover, and will not be responsible for, the payment of any additional overseas customs or import charges, duties or taxes incurred when the parcel reaches the destination country. Please enquire with your government's import office if you are concerned that your order may incur import taxes when it ships from the UK.
- If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
- The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
- Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
- You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal, returns and cancellation
- You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
- This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
- Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
Right to cancel
- Subject as stated in these Terms and Conditions, you can cancel this contract within 30 days without giving any reason, except in the case of personalized products as referenced in paragraph 23 and 36.
- The cancellation period will expire after 30 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (i.e. subscriptions), the right to cancel will be 30 days after the first delivery.
- To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (e.g. a letter sent by post, fax or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
- You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer's decision to cancel the Contract on our website com. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (e.g. by email) without delay.
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation in the cancellation period
- Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
Deduction for Goods supplied
- We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (i.e. handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: e.g. it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
- If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
- If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 30 days after the day on which we are informed about your decision to cancel this Contract.
- We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Returning Goods
- If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at 123 Sylvia Ave, Middlesex, HA5 4QL without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 30 days has expired. You agree that you will have to bear the cost of returning the Goods.
- For the purposes of these Cancellation Rights, these words have the following meanings:
b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
Termination
- We reserve the right to terminate this Agreement with immediate effect if you are in breach of any of the terms of the Agreement, or fail to make payment when due.
Promotions
- All promotions are applied to the value of the order, excluding delivery costs and are subject to our general Terms and Conditions.
- All promotional codes must be applied by the Customer prior to completing the order for the discount to be deducted. Promotions cannot be applied to previously placed orders or orders placed after the promotion’s expiry date. Promotions cannot be applied to bespoke orders.
- Unless stated, discounts cannot be combined and only one offer can be applied to any order, including site wide sales. In this case, the better discount will automatically be applied to the Customer's order.
- Me Loovely reserves the right to exclude certain products from promotions. See the specific details of the promotion for excluded products.
- Promotional codes are not transferable or redeemable for cash or credit.
- Me Loovely reserves the right to amend or withdraw a promotion at any time.
- Me Loovely shall not be liable for any financial loss arising out of the refusal, cancellation, or withdrawal of any promotion or any failure or inability of a Customer to take advantage of a promotion for any reason.
Conformity and Guarantee
- We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
- Upon delivery, the Goods will:
- It is not a failure to conform if the failure has its origin in your materials.
- We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer's guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.
Successors and our sub-contractors
- Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
- Circumstances outside of our control means any act or event beyond our reasonable control, including but without limitation to, adverse weather conditions (such as snow, flood, storms), strikes or industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, earthquake, subsidence, epidemic or other natural disaster, road traffic accidents and road closures.
- In the event of any failure by a party because of something beyond its reasonable control:
- Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
- These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (https://meloovely.com/pages/privacy-policy) and cookies policy (https://meloovely.com/pages/cookie-policy).
- For the purposes of these Terms and Conditions:
- We are a Data Controller of the Personal Data we Process in providing Goods to you.
- Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
- For any enquiries or complaints regarding data privacy, you can email: privacy@meloovely.com.
Intellectual Property Rights
- All material on our Website is either owned by or licensed to Me Loovely and cannot be redistributed or reproduced without prior permission. This material includes, but is not limited to, designs, photography, text, layout, look and graphics. All worldwide rights are reserved.
- You may not copy, distribute, create any derivative work or commercially exploit the content from Me Loovely, or any of the material found on our Website without our prior express, written permission.
- Unauthorised use of this website and the materials within it may give rise to a claim for damages and/or be a criminal offence.
Excluding liability
- The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Consumer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing law, jurisdiction and complaints
- The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Consumer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
- We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 working days.