ELIGIBILITY TO PURCHASE
All orders are subject to acceptance and availability. Lulu Guinness USA Inc. offers products for sale that are in stock and available for dispatch from our distribution centre. If certain items are not in stock, you may be invited to register your email address for notification of arrival of the selected merchandise not held in stock. If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please note that on occasion certain products that are in particularly high demand will sell out during this period. Please note that items in your shopping basket are not reserved and may be purchased by other customers.
Prices shown on the Site are in USD and are exclusive of sales tax at the applicable rate. All prices and offers remain valid as advertised from time to time. The USD price of a product displayed on the Site at the time the order is accepted will be honoured, except in cases of patent error. Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period. Customers choosing a delivery address outside the UK will be charged by Lulu Guinness Ltd for the product and shipping only. Additional import duty or tax costs may be applicable on delivery and will be invoiced to you directly from UPS or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion. Customers choosing a delivery address outside the USA or Canada will be directed to the GBP site which fulfils international orders. If you are a customer whose credit card is not denominated in USD, the final price will be calculated in accordance with the applicable exchange rate on the day your credit card company processes the transaction. If Lulu Guinness stockists are selling items a different price than on www.luluguinness.com, we cannot price match.
SALE PRICE ADJUSTMENT POLICY
Lulu Guinness USA Inc. is happy to offer a Sale Price Adjustment on items purchased up to 7 days prior to the commencement date of a sale. Please be aware that the exact style and colour of an item must be available for purchase at the time your request is made before any adjustment in the sale price can be approved. All approved Sale Price Adjustments will be refunded to the credit card used in the original purchase. We are unable to offer price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price. Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked-down.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and placed your order with Lulu Guinness USA Inc., you will receive an email acknowledging the details of your order including your order reference number. This email is neither an acceptance of your order or a proof of purchase, just a confirmation that we have received the order. Your contract to purchase the items is not complete until we send you an email notifying you that your order has been dispatched to you. The sale contract is therefore concluded in the USA and the language of the contract is English. We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS. We may also refuse to process, and therefore refuse to accept, a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Payment can be made by Visa, MasterCard and American Express and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account after receipt of your order by Lulu Guinness USA Inc. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Lulu Guinness USA Inc., we will not be liable for any delay or non-delivery. We take all reasonable care to make our Site secure. All credit card transactions on this site are processed using Transaction Central, a secure online payment gateway that encrypts your card details in a secure host environment. We do not store your credit or debit card details on our site, so returning customers will need to enter all card details each time an order is placed. To help ensure that your shopping experience is safe, simple and secure Lulu Guinness USA Inc. uses Secure Socket Layer (SSL) technology. This encrypts and protects the data you send to us over the internet. If SSL is enabled, when you are on the basket or checkout pages, you will see a padlock at the top of your browser. You will also notice that on the basket or checkout pages the URL location will begin ‘https:’ rather than the standard ‘http:’. This means you are in a secure mode. Furthermore, we will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held 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 Site.
INSURANCE AND DELIVERY
Lulu Guinness USA Inc. is legally responsible for your order until it leaves our warehouse. The delivery contract is between you (the customer) and UPS, our designated courier service. UPS insures each purchase during the time it is in transit until it is delivered to your specified delivery address. UPS require a signature for any goods delivered. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by UPS and transfer of responsibility in the same way. Please note that we aim to dispatch all orders within 72 hours of payment being cleared. Estimated delivery times are to be used as a guide only and commence from the date of dispatch, Lulu Guinness USA Inc. are not responsible for any delays caused by destination customs clearance processes. During periods of high volume of orders (e.g. SALE or Christmas) or during times of bad weather delivery times may be longer.
TRACKING YOUR ORDER
You can check the current status of your shipment by following the instructions on your dispatch email. You will be directed to the UPS website where if you enter the tracking number of your shipment you will see its status. Please wait four hours from receipt of your dispatch email and using the tracking tool.
RETURNS AND EXCHANGES
We hope you will be satisfied with any product purchased from Lulu Guinness, but if you wish to return a product to us for any reason, please complete the Returns Form online within 14 days of the dispatch date of your order. If you were a registered customer at the time of purchase, please sign in to your account to apply for a return on a particular order and all the order information will be automatically filled in. This will send an email to our Customer Service Team who will contact you within 24 hours issuing you with an RMA (Return Merchandise Authorisation) Number and instructions how to proceed. For non registered customers, access the returns information within the customer services section of the website. Please fill in all of the mandatory fields and submit the form. To access the form click here. This will send an email to our Customer Service Team who will contact you within 24 hours issuing you with an RMA (Return Merchandise Authorisation) Number and instructions how to proceed. The Customer Service Team will inform you of the address to send your returned product. We recommend that all returns to our warehouse are sent by recorded delivery as the item remains the responsibility of the purchaser until it reaches our warehouse. Products returned must be in a saleable condition and in their original undamaged packaging and with all Lulu Guinness tags, dustcovers, detachable mirrors, straps or gift with purchase items included. We will refund the price of the product to the purchaser, but we will consider the overall condition of the product being returned when making a refund. Unless the product is deemed faulty by our Customer Service Team we will not refund the postage (either the original or returned). We will make no refunds to a third party. Please write the RMA number clearly on the outside of the package. No return is accepted without a RMA number. You will be notified by email once your return has been received and processed, please allow 10 working days. Items should be returned unused, and with all Lulu Guinness tags, dustcovers, detachable mirrors, straps, or any Gift with Purchase included. Returns that are damaged or soiled may not be accepted and may be sent back to the customer and/or a refund refused Please note that we cannot exchange or accept the return of earrings for hygienic reasons. Your statutory rights are not affected.
If you wish to exchange your item for an alternative product, you will need to return the product through the process above, we will refund your original purchase amount and you will need to place another order for the new product.
Items can only be returned by the original purchaser. If you have received a Lulu Guinness product as a gift, you will need to contact the giver for them to return the product.
Goods are faulty if they are received damaged or where a manufacturing fault occurs within six months of purchase. Please note that items that are damaged as a result of normal wear and tear are not considered to be faulty. If you would like to exchange a faulty item (instead of obtaining a refund), please be aware that we can only replace it for the same product, subject to availability. Where possible, we will offer to repair faulty items (at no charge if within a year of purchase, we will charge for repairs for purchases between 1 and 2 years old). If it cannot be repaired or the same product is not available, you are entitled to a full refund.
We have made every effort to display as accurately as possible the colours of our products that appear on our website. However, as the colour calibration of computer monitors vary, we cannot guarantee that your monitor's display of any colour will be completely accurate.
INTELLECTUAL PROPERTY RIGHT AND RIGHT TO USE
You acknowledge and agree that your use of the Site grants you no rights in relation to any copyright, designs, trademarks and all other Intellectual Property in all material or content supplied as part of the Website, including all HTML and other code contained in this Site. You are permitted to use this material only as expressly authorised by us. All such Content, including third party trademarks, designs and related Intellectual Property rights mentioned or displayed on this Site are protected by national Intellectual Property and other laws and international treaty provisions. You acknowledge and agree that the material and content contained within the Site is made available for your personal non-commercial use only. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
In addition to the Intellectual Property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Lulu Guinness USA Inc. tries to ensure that the information on this site is accurate and complete. Lulu Guinness USA Inc. does not promise that Lulu Guinness USA Inc.'s Content is accurate, error-free. Lulu Guinness USA Inc. does not promise that the functional aspects of the Site or Lulu Guinness USA Inc.’s Content will be error free or that this Site, Lulu Guinness USA Inc. Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
NO COMMERCIAL USE
This Site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.
THIRD PARTY SITES
We may include hyperlinks on this Site to other websites or resources operated by parties other than Lulu Guinness USA Inc., including advertisers. Lulu Guinness USA Inc. has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
You have certain rights under the law. These include, in the USA: 1. That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site; 2. Certain remedies if a product is defective; and 3. A right to cancel any order for a product within seven working days commencing on the day after the date on which you receive it, and receive a full refund even if it is not defective.
LIMITS ON OUR LIABILITY
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Site is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Site, or any transaction that may be conducted on or through the Site including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade. We make no warranty that the Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Site. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Goods. This does not affect your statutory rights as a consumer. You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Site and any information provided to or taken from the Site by you. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with these Conditions for:
- Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings)
- Any loss of goodwill or reputation
- Any loss which was not brought to the attention of Lulu Guinness at the time the contract was made or any loss that would be an unforeseeable consequence of a breach of the contract by Lulu Guinness.
In any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred, was suffered or incurred by one of us arising out of or in connection with the provisions of any matter under these Conditions. Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
At our request, you agree to compensate us fully, defend us and hold us Lulu Guinness USA Inc. harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Lulu Guinness USA Inc. as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Lulu Guinness USA Inc., and we shall not be liable for any representation, act, or omission on your part.
If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.
The TOS together with all our policies and procedures will be governed by and construed in accordance the relevant USA law and the relevant courts of the United States will have exclusive jurisdiction.