T&C’s

TERMS & CONDITIONS

Welcome to the Terms & Conditions of LuellaYork.co.uk Please read through each section carefully before purchasing our products online. By purchasing products, you are agreeing to the terms & conditions set out below.

This website is owned and operated by Luella York Ltd ( “Luella York”, “we” or “us” ) whose registered office is 56 Normanton Lane, Keyworth, Nottingham, NG12 5HA.

The Seller is Luella York.

Registered in England and Wales at Companies House No. *******.

1. Product Information

All measurements are approximate, however we do try to make sure they are as accurate as possible.

The reproduction of colours is as accurate as the photographic and production process will reasonably allow. We cannot guarantee that all monitor display accurate colours of the products when delivered as each monitor display differs.

Please note products are subject to availability.

2. Buying/Ordering Products

Ordering products from LuellaYork.co.uk means that you have read and accepted the Terms & Conditions.

To be able to place an order from LuellaYork.co.uk we require you to register a few details (see our privacy policy) so that we can confirm your order by sending you an order acknowledgement email. Please note that this email is only to acknowledge that your order has been received, and is not acceptance of your order.

A delivery charge will be applied at the checkout, please view our delivery charges.

3. Delivery

Delivery is made through either The Royal Mail or other Courier networks chosen by Luella York to service our deliveries – you will be advised of this with Tracking Number when goods are dispatched.

We deliver to any recognised UK address including most British Forces Post Offices.  We also offer international delivery which is subject to our International Terms and Conditions.  We do not deliver to PO boxes, orders placed for these addresses will be cancelled and a full refund will be given if you have already paid for the products.

Orders may require a signature to acknowledge delivery.  The signature of the person accepting delivery at the delivery address will be proof that delivery has been received by you or the person, to whom the order is addressed.  If no one is available to accept the delivery you will receive a card to advise that a delivery has been attempted and where to collect from.  It is your responsibility to ensure the delivery address is ready and able to accept delivery of the product.

Luella York shall have no liability to you in respect of and delay or failure to deliver a product due to circumstances beyond our reasonable control, including (without limitation) delay or failure caused by adverse weather, strikes or transport problems.

If you do not rearrange delivery or collect them from a delivery depot we nominate, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If despite our reasonable efforts we are unable to contact you or rearrange delivery or collection we may end the contract.

We cannot guarantee that any order will be delivered by any particular date whether or not stipulated by you.

4. Returns/Cancelling an Order

In the unlikely event a product isn’t right or you are not fully satisfied with your purchase(s), you have the right to cancel any order you have placed. Where the products have been delivered to you, you may cancel them up to 14 working days, starting from the day after the products were received, in line with the Consumer Protection (Distance Selling) Regulations 2000.

We are happy to refund if the product is returned in it’s original condition and where possible still with packaging and tags,  however we are unable to return the delivery charge unless your entire order was faulty or incorrect.

You may cancel your order, once it has been accepted by us, for any reason up to the point of dispatch. If you do cancel within this time, any payments you have made will be fully refunded within 30 days.

5. Pricing Policy

Within our pricing policy are prices are subject to change without notice. The total amount payable will be shown when the customer reaches the checkout stage of purchasing online, where the product price and delivery change is shown.

Occasionally, you may be charged the incorrect amount for your online order. While we do everything we can to prevent this from happening, Luella York reserves the right to charge the correct amount for items purchased, or alternatively, request for these items to be returned to us.

You can email our online Customer Services Team.  If you have contacted us to cancel before delivery of your products, though your order will have been cancelled, normally delivery cannot be interrupted (except possibly if cancellation takes place within 30 minutes of order).  Please refuse any delivery of cancelled products or return them to us.  Most products can be returned by post or contact us to arrange for them to be returned and in the meantime you must take reasonable care of them.

For instructions on how to return an order, please visit our Returns and Exchanges section. You will be liable to pay the cost of returning unwanted products back to us.

Your rights if you end the contract will depend on what you have bought and whether there is anything wrong with it, how we are performing and when you decide to end the contract. If the Good(s) is/are faulty or mis-described you may have a legal right to get your money back.

If you just changed your mind about the product within the 14 working days mentioned above your refund may be subject to certain deductions and you will have to pay the costs of the return of any goods.

6. Offers & Promotions

Luella York reserves the rights to modify, alter, terminate or discontinue such promotions at any time for any reason whatsoever without notice.

“Welcome discount” – Receive a 10% discount on your next purchase both in store and online when signing up to the Luella York Mail. For new subscribers only. Discount valid on full price items only and not in conjunction with any other offer or promotion. Valid for 14 days upon email receipt. To redeem online: enter the code included in the welcome email at the checkouts.

If you wish to join the Luella York Mail, enter your details at www.luellayork.co.uk/signup   Luella York reserves the right to withdraw or change the terms of this discount at any time.

7. Payment

We accept payment with any of the cards shown at the checkout.

We take payment from your card, when you have placed your order and we have checked your card details.  Products are subject to availability.  If we are unable to supply the products, we will inform you of this as soon as possible and a full refund will be given. We do not store credit card details.

Alternatively, you can shop safely and securely using your PayPal account. Just click the PayPal button during checkout. Please visit www.paypal.com for more information on PayPal payments. We also allow promotional vouchers to be redeemed when purchasing products online. Please note you can only use one promotion at a time.

We do our best to make sure that prices are correctly shown but very occasionally an error may occur.  We will not accept an order if there is a pricing error.

8. User Feedback

You can give feedback to Luella York about why you have returned an item. By doing this it helps us to further develop the product and help avoid any future problems.

9. Ownership of Rights

You acknowledge and agree that copyright, trade marks and all other intellectual property, in all content supplied as part of this website are owned by or licensed to Luella York. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the express written permission of Luella York. You agree not to copy, display, distribute, reproduce, modify or re-post anything on this website.

10. Liability

The liability of our products which you purchase through our website is subject to our terms of sale. Care has been taken with the preparation for the content of the website as we use reasonable endeavours to verify the accuracy of any information we place on the website. We are not responsible for any errors or technical faults you may experience with our site, however if we are informed of any inaccuracies in the content of our site then we will correct this as quickly as we can.

Luella York does not seek to exclude or limit liability for death or personal injury arising from its negligence or that of its members, agents, directors or employees or for any fraudulent misrepresentation.

To the fullest extent permitted by law and save as provided above, neither JOY nor any associated company shall be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, or in negligence (whether on the part of JOY or any of its members, agents, directors, employees or otherwise) for any indirect special or consequential loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of this website, the supply of the products or their use or resale by you.

11. Social Media Competitions

By entering the free prize draw (the “Prize Draw”) you agree to the following terms and conditions.

  • Winners will be allocated from the UK.
  • The Prize Draw is open to residents of the UK and Ireland aged 16 or over, except for employees of Luella York or anyone else associated with this Prize Draw. If you are under the age of 18, you must obtain consent from your parent/guardian to enter the Prize Draw. By entering into the Prize Draw you confirm that you have this consent.
  • Each entrant must be a registered user on the specific social media platform on which the Prize Draw is advertised in order to enter.
  • There is only one winner of the Prize unless otherwise specified.
  • If the Prize is not claimed within 7 days of the Winner being notified, Luella York reserves the right to award the Prize to an alternative winner.
  • The Prize is non-transferable, non-refundable and non-negotiable. There is no cash alternative. Luella York reserves the right to substitute the Prize (or any part thereof) for one of its choosing which has a value the same or greater than the original prize in the event of circumstances outside of its control.
  • Only one entry per person for each day of the draw. Any person found to be sending multiple entries on the same day will be ineligible. Any entries by a person found to be using multiple accounts on the same social media platform to enter the Prize Draw will be ineligible. Luella York does not accept responsibility for network, computer, hardware or software failures of any kind which may restrict or delay the sending or receipt of your entry.
  • The winner agrees to the use of his/her name and image in any publicity material, which could include social media posts made by the promoter. Any personal data relating to the winner or any other entrants will be used solely in accordance with current UK data protection legislation and will not be disclosed to a third party without the entrant’s prior consent. The personal data will be used by the Promoter solely for the administration of the promotion.
  • By entering the Prize Draw the Winners agree to participate in such promotional activity and material as Luella York may require.
  • This Prize Draw is in no way sponsored, endorsed, administered by or associated with Facebook, Instagram or Twitter.
  • Luella York reserves the right to (i) cancel this Competition, (ii) cancel or refuse any individual’s entry and (iii) amend these terms and conditions (and will use reasonable endeavours to notify changes to entrants and potential entrants). These terms and conditions shall be governed by English law and the English courts shall have exclusive jurisdiction in the event of a dispute.
  • There is no entry fee necessary to enter this competition.
  • Any accessories used in images are not included in the Prize unless otherwise specified.

12. General

7.3 All risk in the products we supply to you, in particular the risk of any loss or damage, shall pass to you on delivery of the products to the address you specify in your order.  Ownership of the products shall not pass to you until we have received payment in full in respect of such products.

7.4 If we fail to comply with these terms we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or are failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that will happen or if at the time the contract was made both we and you knew it might happen for example if you discussed it with us during the sales process.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or sub-contractors, for fraud or fraudulent misrepresentation, for breach of your legal rights in relation to the products supplied including the right to receive products which are as described and match information we have provided to you, of satisfactory quality and fit for any particular purpose made known to us.

We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity, or any other direct or indirect loss.

These terms constitute the entire terms on which we will provide products to you and cancel and supersedes all prior arrangements and representations, whether verbal or written.

We may amend these terms from time to time at our discretion without notice to you. Any amends will be posted on this website and will supersede any T&C’s previously published by us.

No delay or failure by ourselves in exercising or enforcing any of our rights or remedies under these T&C’s shall operate of a waiver of those rights.

If any one or more of the provisions of these T&C’s should be held by any court to be unenforceable, such provision shall be validly restated to as nearly as possible , approximate the intent of the clause and, if such clause cannot be restated for any reason, shall be severable from these T&C’s and deleted.

You may not assign or subcontract any of your rights or obligations under these T&C’s to any person without our prior written consent.  No third party shall be entitled to enforce any of these T&C’s whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

All matters concerning and incidental to any offer or agreement for the purchase and sale of products from our website shall be in English and construed and governed according to English law and the English courts shall have exclusive jurisdiction in all such matters.

THESE TERMS AND CONDITIONS DO NOT IN ANY WAY AFFECT YOUR STATUTORY RIGHTS

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website, http://www.adviceguide.org.uk or call the relevant telephone number.

If your product is goods then the Consumer Rights Act 2015 says goods must as described, fit for purpose and of satisfactory quality. During the expected life span of your product your legal rights entitle you to the following:

(a) up to 30 days; if your goods are faulty then you can get an immediate refund;

(b) up to 6 months if your goods cannot be repaired to replaced then you are entitled to a full refund in most cases;

(c) up to 6 years, if your goods do not last a reasonable length of time you may be entitled to some money back.

TERMS & CONDITIONS OF SALE (APPLY TO UK AND INTERNATIONAL SALES)

Orders

All orders are subject to acceptance and availability.   If the item/items you have ordered is/are not available from stock your order will be cancelled and payment refunded.

We will take all reasonable care possible to keep the details of your order and payment secure, but in the absence of negligence on our part we are not liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.

You warrant that the User information which you are required to provide when you make an offer to buy Goods via the Website is true, accurate, current and complete in all respects.

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

If you are a private consumer, you may cancel any purchase ordered by you at any time within 14 days of receipt of the Goods without incurring any obligation or liability to us.

 

Payment

Payment can be made by major credit or debit card as indicated at the checkout.  Payment will be debited and cleared from Your account before the despatch of Your Good to you.

You confirm that the credit/debit card that is being used is Yours.

All credit/debit cardholders are subject to validation checks and authorisation by the card issuer and We may share Your personal information with such third parties as are necessary to enable Us to do such checks.  If the issuer of Your payment card refuses to authorise payment to Us, we will not be liable for any delay or non-delivery.

STILL TO CHECK

INTERNATIONAL TERMS & CONDITIONS

These terms apply to products ordered on this website and relate to International orders only, being orders where, as applicable, delivery is to be made outside the UK.

Seller

The Seller is Luella York.  Registered in England and Wales at Companies House No. *******. Registered Office 53B Nottingham Road, Keyworth, Nottingham, NG12 5GS .

2. Order Process

The display of products on our website is an invitation and not an offer to sell those products to you.

An offer is made when you place the order for your products.  We will have not made a contract with you unless and until we accept your offer (see 2.5 below)

We take payment from your card, when you have placed your order and we have checked your card details.  Products are subject to availability.  If we are unable to supply the products, we will inform you of this as soon as possible and a full refund will be given.

If you enter a correct email address we will send you an order acknowledgement email.  This is not order confirmation or order acceptance from us.

Unless we have notified you that we do not accept your order or you have cancelled it, order acceptance and the creation of the contact between you and us will take place at the point the products you have ordered are despatched from our warehouse to be delivered to the address you have given to us.  It does not take place until that stage, even though we have debited your card (see 2.3 above) or we have sent an order acknowledgement (see 2.4 above).  Very occasionally an error may occur resulting in products described on our website not being the products actually available for sale.  If this occurs your order will not be accepted.  We may ask you whether you wish to purchase other products we may have available or the products which may have been despatched to you in error.  If so your order will be amended.  Otherwise, we will treat any order as cancelled and any incorrect products despatched should be returned to us for a full refund.

The contract will be formed at the place of despatch of the products.

All orders that you place on this website will be subject to acceptance in accordance with clause 2.5 of these terms and conditions.

Some countries have import restrictions on certain products or materials.  You are responsible for checking with local customs authorities before placing an order for international delivery.  We cannot accept any responsibility for any delay or failure in the product reaching you due to any customs, legal or regulatory restrictions.  We may at our discretion refuse to process an order for any product if we believe that the delivery may be subject to any restriction in the destination country.

Please note that for some international deliveries, any manufacturer warranty may not be valid, manufacturer service offerings may not be available, product manuals, instructions and safety warning may not be in destination country languages and products and their accompanying materials may not be in accordance with specific standards, specifications and labelling requirements in the jurisdiction of delivery.  We do not accept any liability for any loss or liability caused due to these circumstances, including (without limitation) and delay or failure in delivery.   If you have any questions on this, please raise them with us before placing your order.

You are responsible for ensuring that the product you have ordered can be lawfully imported to the destination county.  When ordering from us, the recipient is the importer of record and must comply with all laws and regulations of the destination country.  You are advised to make any necessary checks before ordering.

2.11 Please note, we will be complying with English law on data protection, privacy and marketing which may differ from the law in the jurisdiction of delivery.  We will store and process your personal data in accordance with our Privacy Policy.

Payment

Payment may be made by any of the methods indicated on our website.  Payments shall be made in pound sterling.  The exchange rate will be set by your bank or credit card provider who may also charge you an additional administration fee.

The price displayed for goods and services remains the same regardless of the country of delivery.  For deliveries to the EU, the price includes VAT at the rate of the country of delivery.  For deliveries outside of the EU (including the Channel Islands and Canary Islands), the price remains the same.

We do our best to make sure that prices are correctly shown but very occasionally an error may occur.  If this should happen, we will correct the price and ask you to confirm whether you still wish to purchase the products at the correct price.  If we are unable to contact you, we will treat the order as cancelled.  We will not accept an order if there is a pricing error.

A delivery charge will be applied at the checkout, please view our delivery charges.

All prices are quoted and products are sold by us on a delivery duty unpaid basis.  You may have to pay a customs fee or import duty before the product can be delivered to you.  Further taxes, fees or levies may also be payable depending on the local laws of the jurisdiction of delivery.  We cannot take any responsibility for this and it is your duty to check any additional costs of international delivery to your preferred jurisdiction before placing an order with us.

Delivery

All deliveries to destinations outside the UK may be subject to import fees, duties and taxes, which are levied by the importing country at the time the delivery arrives in your country.  Any applicable fees, duties and taxes and any additional charges for customs clearance will be payable by you.  Please note that you must comply with all applicable laws and regulations of the country to which the products are to be delivered.  It is your responsibility to ensure the importation of the products you order is permitted in the country you specify for delivery.  This may cause delay in delivery to you for which we do not accept any responsibility.

Before placing an order, it is your responsibility to check that any products ordered from www.luellayork.co.uk comply with state and federal in government import regulations and there are no local requirements or restrictions which may affect you receiving any of these products and you accept full risk of this.

It is your responsibility to ensure the delivery address is ready and able to accept delivery of the product, in particular that there is space for any delivery vehicle to make the delivery.

We shall have no liability to you in respect of and delay or failure to deliver a product due to circumstances beyond our reasonable control, including (without limitation) delay or failure caused by adverse weather, strikes or transport problems.

Cancellation

If for any reason, you wish to do so you have the right to cancel any order you have placed.  Where the products have been delivered to you, you may cancel them up to 14 working days, starting from the day after the products were received, in line with the Consumer Protection (Distance Selling) Regulations 2000.

The following procedures will apply;

You can email our online Customer Services Team.  If you have contacted us to cancel before delivery of your products, though your order will have been cancelled, normally delivery cannot be interrupted (except possibly if cancellation takes place within 30 minutes of order).  Please refuse any delivery of cancelled products or return them to us

For instructions on how to return an order, please visit our Returns and Refunds section.

Your rights if you end the contract will depend on what you have bought and whether there is anything wrong with it, how we are performing and when you decide to end the contract. If the Good(s) is/are faulty or mis-described you may have a legal right to end the contract and get your money back. This may also be the case if you want to end the contract because of something we have done or have told you we were going to do.

If you just changed your mind about the product within the 14 working days mentioned above your refund may be subject to certain deductions and you will have to pay the costs of the return of any goods.

Returns

You will be liable to pay the cost of returning unwanted products back to us.

Where a product is faulty, damaged or materially mis-described we will refund the original delivery charge and the cost of posting the products back to us via your local postal office up to a maximum of £7.50 per kg.  We are not responsible for any damage or loss to products which are returned to us.  We recommend that you use a recorded delivery service when returning products.  We reserve the right to refuse to grant a refund in respect of any products which are retuned to us in a damaged state or which do not reach us for any reason.  A proof of return and any documentation including details of any taxes paid must be obtained.

7. GENERAL

All measurements are approximate

The reproduction of colours is as accurate as the photographic and production process will reasonably allow.

The special prices shown are reductions from the original price charged on the website.  Occasionally these prices may have applied more than six months ago.

All risk in the products we supply to you, in particular the risk of any loss or damage, shall pass to you on delivery of the products to the address you specify in your order.  Ownership of the products shall not pass to you until we have received payment in full in respect of such products.

If we fail to comply with these T&C’s we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or are failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that will happen or if at the time the contract was made both we and you knew it might happen for example if you discussed it with us during the sales process.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or sub-contractors, for fraud or fraudulent misrepresentation, for breach of your legal rights in relation to the products supplied including the right to receive products which are as described and match information we have provided to you, of satisfactory quality and fit for any particular purpose made known to us.

We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity, or any other direct or indirect loss.

These T&C’s constitute the entire terms on which we will provide products to you and cancel and supersedes all prior arrangements and representations, whether verbal or written.

We may amend these T&C’s from time to time at our discretion without notice to you.  Any amends will be posted on this website and will supersede any T&C’s previously published by us.

No delay or failure by ourselves in exercising or enforcing any of our rights or remedies under this agreement shall operate as a waiver of those rights.

If any one or more of the provisions of these T&C’s should be held by any court to be unenforceable, such provision shall be validly restated to as nearly as possible, the intent of the clause and, if such clause cannot be restated for any reason, shall be severable from these T&C’s and deleted.

You may not assign or subcontract any of your rights or obligations under these T&C’s to any person without our prior written consent.  No third party shall be entitled to enforce any of these T&C’s whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

All matters concerning and incidental to any offer or agreement for the purchase and sale of products from our website shall be in English and construed and governed according to English law and the English courts shall have exclusive jurisdiction in all such matters, save that we may bring any action for recovery of products or monies against yourself in a court of the jurisdiction in which you are resident from time to time, or to which a product was delivered.

THESE TERMS AND CONDITIONS DO NOT IN ANY WAY AFFECT YOUR STATUTORY RIGHTS UNDER ENGLISH LAW

These T&C’s apply to products ordered from this website