If you do not agree to any change to the TOS, then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order however, unless we are required to make the change by law.
ELIGIBILITY TO PURCHASE
In order to make purchases through the site, you will be requested to register and provide your personal details. In particular, customers must provide their real name, phone number, e-mail address and other requested information as indicated.
Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that either you are the person referred to in the billing information provided, or that you have permission from the card holder.
The site is available only to individuals and others who meet the Lulu Guinness Ltd terms of eligibility, who have been issued a valid credit card by a bank acceptable to Lulu Guinness Ltd, whose applications are acceptable to Lulu Guinness Ltd and who have authorised Lulu Guinness Ltd to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise.
Lulu Guinness Ltd reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address. By making an offer to purchase merchandise, you expressly authorise us to perform credit checks and, where Lulu Guinness Ltd feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
All orders are subject to acceptance and availability. Lulu Guinness Ltd 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 GBP and are inclusive of VAT at the applicable rate. All prices and offers remain valid as advertised from time to time. The GBP 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 in the USA or Canada will be directed to the USD site. If you are a customer whose credit card is not denominated in GBP, 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 Ltd is happy to offer a Sale Price Adjustment on items purchased up to 7 days prior to the commencement date of a sale and provided the 14-days returns period on the order has not expired. 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 Ltd, 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 London, England 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, Visa Electron, MasterCard, American Express, Delta, and Maestro debit cards 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 Ltd.
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 Ltd, 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 Datacash, 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 Ltd 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 Ltd is legally responsible for your order until it leaves our warehouse. The delivery contract is between you (the customer) and our designated courier service. The courier company insures each purchase during the time it is in transit until it is delivered to your specified delivery address. The courier driver will normally require a signature for any goods delivered. Please note If a delivery has been attempted by the courier company and is unsuccessful, they may deliver to a close neighbour, leave your item in a safe place or leave a calling card and attempt to redeliver the next working day. Failing this, you will be responsible for retrieving the undelivered parcels or arranging a further redelivery. These delivery rules apply to orders you delivered to a recipient who is not you (for example as a gift).
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 Ltd are not responsible for any delays caused by destination customs clearance processes. During periods of high volume of orders (e.g. SALE or Christmas) 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.
If your order has been sent to a destination within the EU, all VAT will be refunded. Outside the EU, customs duties and sales taxes are non-refundable through Lulu Guinness Ltd. However, you may be able to recover these by contacting your local customs bureau directly. Exchanges made to destinations outside the EU will be submitted to the same customs procedures, therefore applicable for duty and tax again. 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). For items that cannot be repaired or the same product is not available, you are entitled to a full refund (provided the item is within the 12 month warranty period).
We have made every effort to display as accurately as possible the colours of our products that appear on Lulu Guinness Ltd. 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 Ltd tries to ensure that the information on this site is accurate and complete. Lulu Guinness Ltd does not promise that Lulu Guinness Ltd's Content is accurate, error-free. Lulu Guinness Ltd does not promise that the functional aspects of the Site or Lulu Guinness Ltd’s Content will be error free or that this Site, Lulu Guinness Ltd 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 Ltd, including advertisers. Lulu Guinness Ltd 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 England:
- 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;
- Certain remedies if a product is defective; and
- 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.
Nothing in the TOS is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.
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 Ltd 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 Ltd 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 Ltd, 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 United Kingdom law and the relevant courts of the United Kingdom will have exclusive jurisdiction.
LULU GUINNESS & PICTUREHOUSE CINEMAS COMPETITION
1. The competition begins on Tuesday 12th April 2016 and closes at 11.59pm BST on Monday 2nd May 2016.
2. The promoter of this competition is Lulu Guinness Limited, of Lulu Guinness Ltd, Courtyard 1, Highgate Studios, 53-79 Highgate Road, London NW5 1TL, UK (“Lulu Guinness”).
3. Entry to this competition can only be made online via the LuluGuinness.com website, on the following page: https://r1.dotmailer-surveys.com/8b2sf684-ba1qjd74
4. All requested details on the sign-up section must be provided and must be correct and accurate.
5. How to enter: entrants must enter their email address as well as answering a question on the competition page. The entrants must also complete all the requested sign-up information and then click the “Enter the competition” button.
6. Lulu Guinness is not responsible for late, lost, incomplete, inaccurate or damaged entries.
7. Lulu Guinness may wish to use the winners' names, for editorial and publicity purposes on the Lulu Guinness website, blog, email, social media or printed communications. It is a condition of entry to this competition that you agree to this use of your name and information.
8. By signing up to enter this competition you are agreeing to subscribe to Lulu Guinness’ email newsletters where you will receive regular marketing and product information. You can unsubscribe to this at any point by emailing firstname.lastname@example.org.
9. No purchase is necessary to enter the competition.
10. Fifteen winners will be selected at random from the entrants. Each prize consists of a year's membership to Picturehouse to use at any of their cinemas across the country. Enjoy free film tickets, 10% off food and drinks, and access to member previews, as well as a number of other exclusive perks at their Picturehouse Central cinema.
11. Delivery of the prize to the address provided could take 2-3 weeks. The recipient shall be responsible for any import duties and may need to provide additional information if requested. The prize is not transferrable and there is no cash alternative.
12. The prize cannot be exchanged, refunded or sold for commercial gain via any re-seller or re-selling website.
13. The winners will be notified by email on Tuesday 3rd May 2016 and must respond within 24-hours or another winner will be selected
14. This competition is open to everyone over the age of 18 years old, except for employees within Lulu Guinness Ltd or Picturehouse Cinemas Ltd, participating or associated companies and promotions agencies, and the families of the any of the above.
15. Except otherwise stated in these terms and conditions, normal Lulu Guinness terms and conditions apply to the prize and the collection of any data.
16. Lulu Guinness’ decision on the winning entrants is final.
17. Lulu Guinness reserves the right to modify, cancel, terminate or suspend the competition in whole or in part, at its sole discretion, if it believes the competition is not capable of being conducted as specified within these Terms and Conditions or in accordance with all applicable laws or regulations, or in the event of a virus, a computer bug or unauthorized human intervention or any other cause that is beyond the reasonable control of Lulu Guinness that could corrupt or affect the administration, security, impartiality or normal course of the competition. Neither Lulu Guinness nor any of its subsidiary or affiliated companies are responsible for any condition, circumstances, losses, failures or delays caused by events beyond its or their reasonable control.