TERMS AND CONDITIONS OF SUPPLY
This page (together with any documents referred to on it) tells you the terms and conditions (Conditions) on which we supply any of the goods (Goods) listed on our website www.lovehenri.com (our site) to you. These Conditions shall govern any contract for the sale of Goods listed on our site which is made at a distance between us and any customer (you) by any method, including but not limited to telephone, email and fax and also via our site. You must tick the checkbox if you wish to be able to order Goods from our site.
It is important to read and understand these Conditions before placing your order.
1. INFORMATION ABOUT US
www.lovehenri.com is a site owned and operated by Love Henri Limited (we). We are registered in England and Wales under company number 08635591 with our registered office and main trading address at 2 Temple Street, Keynsham, Bristol, BS31 1EG, United Kingdom.
2. SERVICE AVAILABILITY
It is prohibited to access our site from territories where its contents are illegal or unlawful. If you access this site from a location outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
3. YOUR STATUS
By placing an order through our site, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Goods. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Goods have been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
4.2 The Contract will relate only to those Goods whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Dispatch Confirmation.
4.3 Each order for Goods by you to us will be deemed to be an offer by you to purchase Goods subject to these Conditions.
4.4 You must ensure that the terms of your order and any applicable specification are complete and accurate.
4.5 These Conditions will be incorporated in the Contract to the exclusion of all other terms and conditions.
5. CONSUMER RIGHTS
5.1 For the purposes of these Conditions, you shall be contracting as a consumer if you are not acting for the purposes of your business, trade or profession in purchasing Goods from us. All other customers shall be contracting as business customers. If you are contracting as a consumer, you may cancel a Contract (without giving any reason for cancellation) at any time within the period:
(a) beginning upon the submission of your order; and
(b) ending at the end of 14 days after the day on which the Goods come into your physical possession or the physical possession of a person identified by you to take possession of them.
5.2 In order to cancel a Contract on the basis described in clause 5.1, you must inform us of your decision to cancel. You may inform us by means of any clear statement setting out the decision. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
5.3 You must send the Goods back to us or hand them over to us or a person authorised by us to receive them. You must comply with your obligations referred to in this clause 5.3 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the Contract. You must pay the direct cost of returning the Goods.
5.4 If you cancel a Contract on the basis described in clause 5.1, you will receive a full refund of the amount you paid to us in respect of the order, including the cost of delivery to you.
5.5 If the value of the Goods returned by you is diminished by any amount as a result of the handling of those Goods by you beyond what is necessary to establish the nature, characteristics and functioning of the Goods, we may recover that amount from you up to the Contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a store will be "beyond what is necessary to establish the nature, characteristics and functioning of the Goods" for these purposes.
5.6 Unless we have offered to collect the Goods, we will process a refund due to you as a result of a cancellation on the basis described in clause 5.1 within the period of 30 days after the day on which we receive the returned Goods. If we have not sent the Goods to you at the time of cancellation or have offered to collect the Goods, we will process a refund due to you without undue delay and, in any case, within the period of 30 days after the day on which we are informed of the cancellation.
5.7 You will not have the right to cancel a Contract on the basis described in clause 5.1 in respect of any non-stock Goods, nor for any Goods which are bespoke, made-to-order, personalised, customised, made to your specification or specially ordered (Restricted Goods).
5.8 If you require clarification regarding the nature of the Goods which you wish to purchase you should contact us by email at email@example.com or call us on 0333 200 4663 for details before placing your order.
6. AVAILABILITY AND DELIVERY
6.1 All Goods are offered by us subject to availability and we reserve the right to cancel any order placed by you if we have insufficient stock to deliver the Goods you have ordered.
6.2 All Goods are available for delivery within the EU, but we regret that no Goods other than candles are currently available for delivery outside the EU.
6.3 In placing your order, you are responsible for complying with all applicable laws and regulations of the country for which the Goods are destined, including any local requirements or restrictions which may affect receipt of your order. We will not be responsible for your compliance with, and will have no liability to you or any other person for any breach by you or any other person, of any such laws or regulations.
6.4 Due to our policy of continuous product development, we reserve the right to change product specifications without prior notice and without liability to you.
6.5 If you are contracting with us as a consumer and you wish to cancel an order for Goods other than Restricted Goods prior to dispatch, you must cancel your order in accordance with the provisions of clause 5.1. All other orders may only be cancelled prior to dispatch by arrangement with us and any costs incurred in connection with your order will be levied.
6.6 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days if you are contracting as a consumer, or within a reasonable time of the date of the Dispatch Confirmation if you are contracting as a business customer. In no event shall we be liable for any delay in delivering the Goods, howsoever caused.
6.7 We will deliver the Goods ordered by you to the address you give us for delivery when you place your order. It is your responsibility to ensure that the delivery address is accurate and complete; you must also ensure that there will be somebody to sign for and take delivery of the Goods upon delivery.
6.8 All UK deliveries will be made by Royal Mail or by a reputable courier company and will be charged at the rates set out in our site at the time of purchase.
6.9 Non-UK delivery options will be quoted by us to you when you place your order.
6.10 You may be required to pay extra for delivery to certain destinations and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our site. If we are unable to deliver to your location we will notify you of this by email and invite you to choose a different delivery location; if you are unable or unwilling to do this, we reserve the right to cancel your order and refund your payment.
6.11 If your order is returned to us because the courier or postal service could not complete delivery to you for any reason, you will be responsible for the additional delivery charges if the Goods are re-delivered. We will contact you upon the return of the Goods to us by the courier or postal service and we can either arrange re-delivery of the Goods, or you will have the option of cancelling your order and we will refund your payment, less delivery charges.
6.12 In the event that you are in breach of the Contract, we reserve the right to refuse to supply you with any additional Goods, or to suspend the delivery of any Goods, without limiting any other remedy available to us. We may exercise this right until such time as the breach has been remedied, where such breach is remediable.
7. RISK AND TITLE
7.1 The Goods will be at your risk from the time of delivery.
7.2 Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, including carriage charges.
7.3 If you are contracting as a business customer, ownership of the Goods will only pass to you upon:
(a) our receipt of the sums detailed in clause 7.2 above, together with
(b) all other sums which are or which become due to us from you on any account.
7.4 Until ownership of the Goods has passed to you, if you are contracting as a business customer, you must:
(a) store the Goods (at no cost to us) separately from all your other goods and any goods of any third party in such a way that they remain identifiable as our property;
(b) not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods, maintain the Goods in satisfactory condition and keep them insured on our behalf for the full price of the Goods against all risks to our reasonable satisfaction. On request you shall produce the policy of insurance to us; and
(c) hold the proceeds of the insurance referred to in sub-clause (b) on trust for us and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
7.5 If you are contracting as a business customer, your right to possession of the Goods shall terminate immediately, if:
(a) you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
(b) you suffer or allow any execution, whether legal or equitable, to be levied on your property or be obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986, or you cease to trade, or you encumber or in any other way charge the Goods.
8. PRICE AND PAYMENT
8.1 The price of the Goods will be as quoted on our site from time to time, except in cases of obvious error.
8.2 All prices are inclusive of any applicable UK VAT.
8.3 Where you have requested delivery of your order to an EU country, the total cost of your order will include UK VAT.
8.4 Some international deliveries may be subject to import duties, taxes, fees or other levies when the delivery reaches the specified destination. You will be responsible for payment of any such import duties, taxes, fees or levies. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
8.5 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
8.6 It is always possible that, despite our best efforts, some of the Goods listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the correct price of the Goods is less than our stated price we will charge the lower amount when dispatching the Goods to you. If the correct price of the Goods is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject your order and notify you of such rejection.
8.7 We are under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing.
8.8 We accept payment by credit or debit card with Visa, MasterCard, and American Express. You can enter your payment details at checkout or call us on 0333 200 4663 to place your order.
8.9 Payment can be made by BACS to Account No. 33297764, Sort Code 20-13-34. Please contact us by email at firstname.lastname@example.org or call us on 0333 200 4663 if you wish to be sent a pro-forma invoice.
8.10 We also accept cheque payments. Please make cheques payable to Love Henri Limited and send to the following address: Love Henri Limited, 2 Temple Street, Keynsham, Bristol, BS31 1EG.
8.11 Payment is required prior to dispatch unless credit terms have been agreed.
8.12 If you send us a cheque payment, Goods will not be dispatched until your cheque has been received by us and has cleared.
8.13 Our credit terms of payment are 30 days from date of invoice. All payments must be made in sterling. If you are in default, we reserve the right to charge interest on overdue accounts at a rate of 5% above HSBC Bank plc’s base lending rate for each month or part thereof that you remain in default. We reserve the right to withhold dispatch of the Goods if your account is in arrears.
9. OUR REFUNDS POLICY
9.1 When you return Goods to us:
(a) because you are contracting as a consumer and you have cancelled the Contract between us within the period referred to in clause 5.1, we will process the refund due to you in accordance with the provisions of clause 5.6, subject always to the provisions of clause 5.7;
(b) for any other reason, returns will be subject to the following process:
(i) if you are contracting as a business customer and you wish to return any Goods which are not damaged, faulty, incorrect or misdescribed, any such Goods may only be refunded or replaced if you contact us within 7 days of receipt of the Goods, informing us of your wish to return them. The Goods must be returned in accordance with our standard authorisation procedure. (Please contact us by email at email@example.com or call us on 0333 200 4663 for details). Without limitation, you must take reasonable care of the Goods in your possession and the Goods must be returned at your risk, in the same condition in which you received them and securely re-packed in their original packaging. A handling charge of 15% of the invoiced value of the Goods plus the delivery and return carriage costs will be levied. There will be an additional charge for re-boxing if the original packaging is not in a suitable condition for re-stocking. Any Restricted Goods which are not damaged, faulty, incorrect or misdescribed may not be returned;
(ii) if you wish to return Goods to us because they are damaged, faulty, incorrect or misdescribed, then you must notify us as soon as possible, but in any event within 7 days of the date that you discovered or ought to have discovered that the Goods were damaged, faulty, incorrect or misdescribed, (within 48 hours if damage in transit is alleged), and no further use of the Goods must be made. We will examine the returned Goods and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. Goods returned by you in accordance with this clause 9.1 (b) (ii) will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
9.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9.3 You have an obligation to take reasonable care of the Goods whilst they are in your possession. The consequences of failing to discharge this obligation with respect to any Goods to which clause 9.1 (a) applies are set forth in clause 5.5; we may also, at our discretion and without limitation, refuse to refund or replace any Goods to which clause 9.1 (b) applies if we consider that you have failed to discharge this obligation.
9.4 In accordance with clause 9.3, you must take reasonable care to avoid any risk of damage occurring to the Goods by any means.
9.5 Notwithstanding the provisions of clause 10.1.(a) which relate to fitness for purpose, unless otherwise agreed by us in writing in any particular instance, you shall be solely responsible for selecting Goods which are suitable for use for the specific purpose for which they are to be used.
9.6 For the avoidance of doubt, if any failure to discharge the obligation in clause 9.3 results in any loss or damage pursuant to clause 10, any such loss or damage may be considered as having been caused by you or contributed to by you.
10. OUR LIABILITY
10.1 If you are contracting as a consumer:
(a) we warrant to you that any Goods purchased from us through our site are of satisfactory quality and reasonably fit for all of the purposes for which goods of that kind are commonly supplied; but
(b) we shall only be liable to you for:
(i) losses that are caused as a result of any breach of Contract by us (up to the value of the purchase price of the Goods you purchased); and
(ii) losses that are caused as a result of our negligence; and
(c) we shall not be liable for any loss pursuant to clause 10.1.(b) if:
(i) any such loss is not foreseeable. Losses are foreseeable if they could have been contemplated by both of us at the time that your order was accepted by us; or
(ii) any such loss (or any part thereof) was caused by or contributed to by your breach of any of these Conditions; and
(d) for the avoidance of doubt, we shall not be liable for any indirect losses which happen as a side effect of the main loss or damage, and which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) howsoever arising and whether caused by breach of contract, negligence, or otherwise.
10.2 If you are contracting as a business customer:
(a) all warranties, representations, terms, conditions and duties implied by law relating to fitness, quality or adequacy are excluded to the fullest extent permitted by law;
(b) without limiting the generality of clause 10.2.(a), we shall not be liable to you if any monies due from you to us have not been paid in full;
(c) without prejudice to any of the provisions of this clause 10.2, we shall have no liability to you for any:
(i) consequential losses;
(ii) loss of profits and/or damage to goodwill;
(iii) economic and/or other similar losses;
(iv) special damages and indirect losses;
(v) business interruption, loss of business, contracts and/or opportunity; and/or
(vi) inconvenience, delay or loss of production;
(d) without limitation to any of the foregoing, our aggregate liability to you (whether for breach of Contract or for negligence or otherwise howsoever), for any loss or damage of whatsoever nature and howsoever caused, shall be limited to and in no circumstances shall exceed the price of the Goods purchased from us; and
(e) without limitation or prejudice to any of the foregoing, you shall indemnify and hold us, our partners, affiliates, officers and their employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising from any breach of the Contract by you, or the infringement by you, or anybody else using your account, of any intellectual property or other right of any person or entity.
10.3 Nothing in these Conditions shall exclude or limit in any way our liability:
(a) for death or personal injury caused by our negligence;
(b) under section 2(3) of the Consumer Protection Act 1987;
(c) for fraud or fraudulent misrepresentation; or
(d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This clause does not affect your statutory rights.
All notices to us shall be in writing and shall be made either via e-mail or post to the addresses in the Contact Us section of our site. We may broadcast notices or messages through our site or contact you by email and notification by either of these methods shall constitute notice to you.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 Any Contract between you and us is binding on you and us and on our respective successors and assigns.
13.2 You shall not assign or delegate all or any of your rights or obligations under the Contract without our prior written consent, such consent not to be unreasonably withheld.
13.3 We reserve the right to assign, subcontract or transfer all or any of our rights and obligations under the Contract to any person, firm or company without notice to you.
14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (Force Majeure Event).
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; or
(f) the acts, decrees, legislation, regulations or restrictions of any government.
14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15.1 If we fail, at any time during the pendency of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.
If any of these Conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. ENTIRE AGREEMENT
17.1 These Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
17.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Conditions.
18. OUR RIGHT TO VARY THESE CONDITIONS
18.1 We have the right to revise and amend these Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
18.2 You will be subject to the policies and Conditions in force at the time that you order Goods from us, unless any change to those policies or these Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Conditions before we send you the Dispatch Confirmation.
19. LAW AND JURISDICTION
The Contract will be governed by English law. Any dispute arising from, or related to, the Contract shall be subject to the non-exclusive jurisdiction of the Courts of England and Wales.