LUSHPUPPI TERMS & CONDITIONS
BACKGROUND:
This agreement applies as between you, the User of this Web Site and Lushpuppi, the owner(s) of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.
No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
2. Age Restrictions
Persons under the age of 18 should use this Web Site only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
3. Business Customers
These Terms and Conditions also apply to customers buying Goods in the course of business..
4. International Customers
If Goods are being ordered from outside Lushpuppi’s country of residence, import duties and taxes may be incurred once your Goods reach their destination. Lushpuppi is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Lushpuppi cannot guarantee that the packaging of your Goods will be free of signs of tampering.
5. Intellectual Property
Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Lushpuppi, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable
You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Lushpuppi.
6. Third Party Intellectual Property
Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
7. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Lushpuppi or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
8. Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.lushpuppi.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Lushpuppi. To find out more please contact us by email at mail@lushpuppi.co.uk or in writing to Lushpuppi, Unit 285,
9. Use of Communications Facilities
9.1 When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
9.1.1 You must not use obscene or vulgar language;
9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
9.1.3 You must not submit Content that is intended to promote or incite violence;
9.1.4 It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other language;
9.1.5 The means by which you identify yourself must not violate these terms of use or any applicable laws;
9.1.6 You must not impersonate other people, particularly employees and representatives of Lushpuppi or our affiliates; and
9.1.7 You must not use our System for unauthorised mass-communication such as "spam" or "junk mail".
9.2 You acknowledge that Lushpuppi reserves the right to monitor any and all communications made to us or using our System.
10. Termination and Cancellation
10.1 Lushpuppi reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
10.2 If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
10.3 You may cancel your order prior to dispatch by emailing customerservice@lushpuppi.co.uk If your cancellation request is received after despatch, you may return Goods within 28 days and receive a refund minus postage.
11. Goods, Pricing and Availability
11.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Lushpuppi correspond to the actual Goods, Lushpuppi is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 14.1 for incorrect Goods.
11.2 Where appropriate, you may be required to select the required type, size and fragrance of the Goods that you are purchasing.
11.3 Lushpuppi does not represent or warrant that such Goods will be available. Stock indications are not provided on the Web Site.
11.4 All pricing information on the Web Site is correct at the time of going online. Lushpuppi reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated every day.
11.5 In the event that prices are changed during the period between an order being placed for Goods and Lushpuppi processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
12. Delivery
12.1 Lushpuppi will notify you by way of email when your goods are to be dispatched to you.
12.2 If Lushpuppi receives no communication from you, within 28 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in satisfactory condition and with no problems.
13. Returns Policy
Lushpuppi aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
13.1 If you receive Goods which do not match those that you ordered or are unsatisfactory, you should contact us within 28 days to arrange their return. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.
13.2 If any Goods you have purchased have faults when they are delivered to you, you should contact Lushpuppi within 28 days to arrange their return. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
13.3 If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to Lushpuppi within 14 days and arrange their return. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
13.4 If the Goods have been dispatched or have reached you, but you have changed your mind, please return them to Lushpuppi within 28 days of receipt. Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of Lushpuppi. Postage will not be refunded.
13.5 If you wish to return Goods to Lushpuppi for any of the above reasons, please contact us by emailing customerservice@lushpuppi.co.uk or in writing Lushpuppi, Unit 285,
13.6 Lushpuppi reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
13.6.1 Any use or enjoyment that you may have already had out of the Goods;
13.6.2 Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
13.6.3 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
Such discretion to be exercised only within the confines of the law.
14. Privacy
Use of the Web Site is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.
15. Disclaimers
15.1 Lushpuppi makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
15.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
15.3 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
16. Changes to the Service and these Terms and Conditions
Lushpuppi reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If Lushpuppi is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
17. Availability of the Web Site
The Service is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Lushpuppi accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
18. Limitation of Liability
18.1 To the maximum extent permitted by law, Lushpuppi accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
18.2 Nothing in these Terms and Conditions excludes or restricts Lushpuppi’s liability for death or personal injury resulting from any negligence or fraud on the part of Lushpuppi.
18.3 Nothing in these Terms and Conditions excludes or restricts Lushpuppi’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Web Site.
18.4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
19. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
20. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
21. Notices
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to mail@lushpuppi.co.uk . Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
22. Law and Jurisdiction
These terms and conditions and the relationship between you and Lushpuppi shall be governed by and construed in accordance with the Law of England and
LUSHPUPPI PRIVACY POLICY
BACKGROUND:
This Policy applies as between you, the User of this Web Site and Lushpuppi the owner and provider of this Web Site. This Policy applies to our use of any and all Data collected by us in relation to your use of the Web Site and any Services or Systems therein.
1. Definitions and Interpretation
In this Policy the following terms shall have the following meanings:
2. Data Collected
Without limitation, any of the following Data may be collected:
2.1 name;
2.2 date of birth;
2.3 gender;
2.4 job title;
2.5 profession;
2.6 contact information such as email addresses and telephone numbers;
2.7 demographic information such as post code, preferences and interests;
2.8 financial information such as credit / debit card numbers;
2.9 IP address (automatically collected);
2.10 web browser type and version (automatically collected);
2.11 operating system (automatically collected);
2.12 a list of URLS starting with a referring site, your activity on this Web Site, and the site you exit to (automatically collected); and
2.13 Cookie information (see clause 10 below).
3. Our Use of Data
3.1 Any personal Data you submit will be retained by Lushpuppi for as long as you use the Services and Systems provided on the Web Site. Data that you may submit through any communications System that we may provide may be retained for a longer period of up to six months.
3.2 Unless we are obliged or permitted by law to do so, and subject to Clause 4, your Data will not be disclosed to third parties. This does not include our affiliates and / or other companies within our group.
3.3 All personal Data is stored securely in accordance with the principles of the Data Protection Act 1998. Fore more details on security, see clause 9 below.
3.4 Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Web Site. Specifically, Data may be used by us for the following reasons:
3.4.1 internal record keeping;
3.4.2 improvement of our products / services;
3.4.3 transmission by email of promotional materials that may be of interest to you;
3.4.4 contact for market research purposes which may be done using email, telephone, fax or mail. Such information may be used to customise or update the Web Site.
4. Third Party Web Sites and Services
Lushpuppi may, from time to time, employ the services of other parties for dealing with matters that may include, but are not limited to, payment handling, delivery of purchased items, search engine facilities, advertising and marketing. The providers of such services do not have access to certain personal Data provided by Users of this Web Site. Any Data used by such parties is used only to the extent required by them to perform the services that Lushpuppi requests. Any use for other purposes is strictly prohibited. Furthermore, any Data that is processed by third parties must be processed within the terms of this Policy and in accordance with the Data Protection Act 1998
5. Changes of Business Ownership and Control
5.1 Lushpuppi may, from time to time, expand or reduce its business and this may involve the sale of certain divisions or the transfer of control of certain divisions to other parties. Data provided by Users will, where it is relevant to any division so transferred, be transferred along with that division and the new owner or newly controlling party will, under the terms of this Policy, be permitted to use the Data for the purposes for which it was supplied by you.
5.2 In the event that any Data submitted by Users will be transferred in such a manner, you will be contacted in advance and informed of the changes. When contacted you will be given the choice to have your Data deleted or withheld from the new owner or controller.
6. Controlling Access to your Data
6.1 Wherever you are required to submit Data, you will be given options to restrict our use of that Data. This may include the following:
6.1.1 use of Data for direct marketing purposes; and
6.1.2 sharing Data with third parties.
7. Your Right to Withhold Information
7.1 You may access certain areas of the Web Site without providing any Data at all. However, to use all Services and Systems available on the Web Site you may be required to submit Account information or other Data.
7.2 You may restrict your internet browser's use of Cookies. For more information see clause 10.4 below.
8. Accessing your own Data
8.1 You may access your Account at any time to view or amend the Data. You may need to modify or update your Data if your circumstances change. Additional Data as to your marketing preferences may also be stored and you may change this at any time.
8.2 You have the right to ask for a copy of your personal Data on payment of a small fee.
9. Security
9.1 Data security is of great importance to Lushpuppi and to protect your Data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure Data collected online.
10. Cookies
10.1 Lushpuppi may set and access Cookies on your computer. A Cookie is a small file that resides on your computer's hard drive and often contains an anonymous unique identifier and is accessible only by the web site that placed it there, not any other sites.
10.2 You may delete Cookies, however you may loose any information that enables you to access the Web Site more quickly.
10.3 You can choose to enable or disable Cookies in your web browser. By default, your browser will accept Cookies, however this can be altered. For further details please consult the help menu in your browser. Disabling Cookies may prevent you from using the full range of Services available on the Web Site.
11. Changes to this Policy
Lushpuppi reserves the right to change this Privacy Policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Web Site and you are deemed to have accepted the terms of the Policy on your first use of the Web Site following the alterations.